Increasing The Degree of Non-Conformity

I object to the major zoning variances because they will increase the degree of non-conformity. The bulk, height, area, an lot coverage will all be increased substantially if these variances are approved.



Please note that the applicant correctly dropped the phrase "legalization of existing structures" from the application. It now reads "construction of a building." There's a major difference how zoning laws will be applied to a new building as opposed to an existing structure.


There are existing structures that do not conform to zoning currently. Some have argued they are "legal non-conforming," I disagree because the non-conformity is for a single family home, not ancillary church uses.

June 23rd, 2011: Zoning Board of Appeals Hearing on FBC's 5 Variances

[The orange words below are links to additional information]

At tonight's Planning Board working session, it was confirmed by Joseph C. Riina of Site Design Consultants of Yorktown and Albert A. Capellini, Esq. (former Yorktown Town supervisor) that the developer did not notify several of the legally interested parties of their previous application for 3 zoning variances (2 major and 1 minor). This was cited as the reason for the revocation. Mr. Capellini basically stated that the applicant didn't know that they owned property that had frontage on Lakeside Drive. It's a steep hill, but, seriously? There is a survey in the file that clearly labels "Lakeside Drive."

Sadly, they also confirmed that the retaining walls proposed under the new zoning board application with 5 variances (3 major, 2 minor) were not new and were actually a part of the original application [note: the two additional variances are compounded in that the 10 foot encroachment into a required 12 foot side yard will also be nearly 3 times the legal limit for a retaining walls].

Retaining walls will be used to level an incredibly steep hill-- a hill the town is charged with preserving; oh, and did I mention the parking lot and retaining walls requiring MAJOR variances are replacing a single family house? We are up to 3 major variances and 2 minor to make this happen; that's a 3 fold increase from what was presented about 3 months ago.

That means that these preeminent professionals either missed, or intentionally omitted the two biggest zoning variances. It should be noted at this point that the project could move forward with no variances whatsoever. Therefore, it's disturbing that the developer is proposing such radical deviations from laws enacted to preserve the few remaining low-density, single family neighborhoods and the steep slopes that make them so unique.

What amazes me, personally, is that the developer's team repeatedly cites the unique slope of the site and the challenges that it presents, but not a single section through the hill exists; please do share. Add to that, the near dismissal of the "interested parties" (that's a legal term and refers to you, Lakeside Drive) in the ZBA application are the ones most affected by the proposal and I'm scared.

The Planning Board ultimately recommended the application be heard by the Zoning Board of Appeals on June 23rd at Yorktown Town Hall @ 7:30pm. We can make ourselves heard; if we don't, my family and tax dollars are out of here. I'll donate my house (immediately adjacent the development) to the church for parking. At that point we'll have solid precedent for giant retaining walls encroaching 90% into required rear yards in Mohegan lake and they'll be able to provide the parking to sustain this monstrosity.


Take it away, Joni Mitchell:

Section 300-201 Powers and duties [of the Zoning Board of Appeals]

Below is an outline of the 3 criteria that the Town Code requires the Zoning Board must find to grant approval of a variance. Let's discuss.

"(1) That there are special circumstances or conditions, fully described in the findings of the Board of Appeals, applying to the building or land for which the adjustment is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the neighborhood."

Click on image to view the code.

I think we call all agree that all of the lots and the buildings that sit upon them are all a bit peculiar; since that holds true for the entire neighborhood of Mohegan Lake, then peculiar is the norm and this criteria of variance approval is not met.

"(2) That, for reasons fully set forth in the findings of the Board, the aforesaid circumstances or conditions are such that the particular application of the regulations of this chapter would deprive the applicant of the reasonable use of such land or building and the granting of the adjustment is necessary for the reasonable use of the land or building, and that the adjustment as granted by the Board is the minimum adjustment that will accomplish the purpose. "

Click on image to view the code.

The "adjustments" the variance, as currently worded, would have a severe impact to the neighborhood; classifying these adjustments as minimum would be a farce. Encroaching 14.5' into a a required 30' rear yard (please note that this yard is the side of the property that become very steep and requires the most disturbance of the environment)? Building a 12' high retaining wall that will literally require the removal of tons of rock and earth (mostly rock) in a zone that allows retaining walls of only 4.5'? Remember, that one of the town's goals is to preserve "steep slopes?" I wonder if that's the same retaining wall that requires a variance to be set back only 2' where 12' is required. Why even have zoning laws if a variance that nearly eliminates a required setback altogether is found to be a minimal adjustment of the said laws?

The developer is allowed to build as of right, meaning requiring none of the major variances. Why should these severe, high-impact variances be granted? They shouldn't.

"(3) That the granting of the adjustment will be in harmony with the general purposes and intent of this chapter and of the Town Development Plan, if such exists, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare."

Click on image to view the code.

"The Town Development Plan" does exist in the form of the "Comprehensive Plan," and this proposal flies in the face of the spirit of the goals outlined in the Plan to preserve Mohegan Lake. This is whole other post (stay tuned), but suffice it to say that approving these reckless deviations from the law will not only be detrimental to the neighborhood and public welfare, but also the environment.

Don't forget: Zoning Board hearing regarding the developer's proposal is open to the public on June 23rd at 7:30PM.

A Consideration For The Planning and Zoning Boards

Please consider the following: the Town Code describes the "intent and purpose" of the board's duties(see below).

The developer's new zoning variance adds two new major variances; one of them nearly triples the legal limit for retaining walls allowing them to carve out a flat area on the steepest slope in the entire hamlet of Mohegan Lake! Just ask the residents who can't get their vehicles up the hill in winter and have to park on the community's wetland parking; it could be argued that this is not the developer's land--it belongs to the community of Mohegan Lake.

The emphasis on a few words below, is mine.

Planning Board

§ 10-13. Legislative findings; intent and purpose

The Town Board hereby finds and determines that in order to protect and safeguard the health, safety, welfare and quality of life of the Town of Yorktown and its residents; protect wetlands, water bodies, habitat areas, steep slopes, and other sensitive areas from encroachment; protect drinking water supplies, including both reservoirs and aquifers; protect and enhance the community character of residential neighborhoods; and protect the visual quality of scenic corridors, as well as key scenic vistas; it is necessary and proper to preserve significant remaining areas of open space throughout the Town of Yorktown. The Town Board further finds and determines that in endeavoring to accomplish said goal it will be most beneficial to have the advice and assistance of a committee of residents from throughout the Town who can formulate an open space preservation plan, advise on the Town's preservation efforts, identify open space preservation opportunities, form tactical plans and generally provide advice regarding open space preservation matters to the Town Board.

I'm not sure if the last sentence refers to the committee that developed the Comprehensive Plan for Yorktown, but it may very well apply to the staunch defenders of the Mohegan Lake Community. See you June 23rd at 7:30PM at Town Hall.