Former supervisor seeks zoning relief

By Mark Reynolds
Posted 2/10/21

Former Lloyd Supervisor Ray Costantino is seeking Area Variances from the Zoning Board of Appeals that would allow him to split a nearly 7.5 acre parcel that he owns on Bellevue Road into two …

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Former supervisor seeks zoning relief


Former Lloyd Supervisor Ray Costantino is seeking Area Variances from the Zoning Board of Appeals that would allow him to split a nearly 7.5 acre parcel that he owns on Bellevue Road into two parcels, making it suitable for constructing two homes.

The ZBA set a public hearing on this proposal for February 11 at 7 p.m.

The Zoning Board’s agenda states that the, “applicant desires a two lot subdivision. Both lots would need relief as they lack the required lot width for lots in the zone.” The code requires a minimum lot width of 150 ft. in a Residential 2 acre zone. The proposal of Lot 1 at 2.8 acres would have a lot width of 105 ft, needing a variance of 45 feet. Lot 2 at 4.7 acres has a lot width of 91 ft and needs a variance of 59 ft. The board indicted that the applicant is seeking a significant amount of relief in this case.

Surveyor Patti Brooks, who is representing Costantino, said the property was originally a lot in a subdivision that was created in 1996. She said one option would be to create a flag lot that is permitted in the town code but the parcel’s topography works against that layout.

“I think that it makes for a better subdivision, a better plan to split the lot frontage. The effect will be the same, that both lots will have more than the minimum lot width where the proposed building sites are,” she said. “Both of these lots already did receive Board of Health approval for the septic systems in the locations shown on the plat. That is why we are seeking relief for two lots for lot width as opposed to going for a conventional flag lot subdivision.”

ZBA Chairman John Litts said he believes the lot widths are “fine” but asked, “what you are asking for is road frontage, correct?” The town code also requires a minimum of 150 feet of road frontage in this zone and overall Costantino has 196 feet of frontage, however, if the ZBA grants his request for relief and two lots are created, there will be two driveways, with lot 1 having approximately 105 ft of road frontage and lot 2 having 91 feet, both considerably shy of the code requirement.

Brooks said she is asking for consideration on both width and frontage, referring the board to her site layout map. This shows that the lot width was measured at the narrow end of the lot, which is near Bellevue Road.

“It is kind of odd the way the code is written because lot width is measured at the minimum front yard setback line, which is why I also showed the 25 feet and the 30 feet so that you would see where the lot width requirement gets measured. But there really is no difference in the width between [road] frontage and lot width.”

Building Department Director Dave Barton noticed that on the 4.7 acre parcel, lot 2, the survey map shows a garage in the front yard, a location that is not permitted by the town code. He suggested that the house could come forward or the garage can go back. Brooks said this will be removed.

The ZBA will use the stated criteria in Sec. A 107-10 of the code in their review of Costantino’s variance requests: 1. Strict application of the ordinance would provide undue hardship and that the hardship is not self-created. 2. The hardship is unique and is not shared by all properties alike in the immediate vicinity of the property and in the use district. 3. The variance would observe the spirit of the ordinance and would not change the character of the district. 4. The variance would observe the intent of the Comprehensive Plan, if any, and 5. The variance is the minimum necessary to grant relief.

The board noted that this subdivision would later be reviewed by the Planning Board and consideration will also be given to the provisions in the Waterfront Bluff Overlay District.
Chairman Litts said he is more concerned about the road frontage requirement.

“The lot width for me doesn’t really sway me at all because at the house line it’s a much larger, much wider lot. It’s just at the required for the road frontage; for me it’s more of an issue than the lot width...It’s more of a question,” he said.


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