The Lloyd Zoning Board of Appeals [ZBA] has denied Trevor DePuy an area variance to subdivide his property located at 4 Eagle Court, which is in an agricultural zoning district.

DePuy was seeking a substantial area variance for a proposed second flag lot, however the town code in Sec, 100-14(4) limits subdivisions of less than four or fewer lots to a maximum of one flag lot.

The ZBA noted that the DePuy was denied a similar request in 2022 and revised his application in 2024 to address some of the previous concerns of the ZBA and his neighbors. The ZBA wrote that they reviewed DePuy’s additional supporting documentation for the area variance as well as public comments opposing the variance, “because of its potential effect on the neighborhood character and [on] adjacent properties.”

The ZBA stated that they conducted a balancing test, “that takes into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood and community by such a grant.”

The ZBA explained their reasoning for denying the variance, stating that the creation of a second flag lot, “behind two lots with existing homes on Falcon Drive, would result in an undesirable change in the pattern of development and character of the Falcon Drive neighborhood.” The board pointed out that granting the applicant’s request would produce a detriment to two existing neighboring homes that were built in 2020 by James and Sarah Roosa and in 2017 by Richard and Gina Sisilli. The ZBA noted that both homeowners “were entitled to reasonably rely upon the restriction against more than one flag lot” as per the Town Code. The ZBA pointed out that even if DePuy were to locate a proposed second home far away from the Roosa and Sisilli homes, along with installing a 50-foot vegetative buffer, granting of a second flag lot, “has the potential to create an unanticipated detriment to these neighboring proprieties, including potential noise, visual and other impacts that could affect their reasonable use and enjoyment.”

The ZBA wrote that construction of a town road to provide access to a second lot would avoid the need for a variance but the estimated cost of the road, along with obtaining easements over lands the applicant does not own, may make this alternative unaffordable to the applicant.

The ZBA resolution indicates that DePuy’s request is a self-created difficulty, pointing out that at the time he purchased the property he, “should have known that the creation of a second flag lot would require an area variance from the ZBA. Thus, the applicants difficulty arises from his own actions and is self-created.”

The ZBA’s resolution to deny DePuy’s request was filed with the Lloyd Town Clerk and became effectively immediately.