Zoning Board of Appeals Denies Application for a Flag Lot on Park Road

After their application to create a flag lot on Park Road was turned down by the Scarsdale Planning Board in April, a Park Road family took their request to the Zoning Board of Appeals on April 6. Speaking for the Peterson family, attorney Lucia Chiocchio of Cuddy and Feder explained that the property already contains two homes, and that the family wished to divide the property for estate planning purposes. They were requesting variances to create a flag lot and for frontage requirements. Flag lots were outlawed by the Scarsdale Village Board of Trustees in the late 1980's.

The 2.54 acre lot has a guest cottage built in 1914 and large home built in 1925 as well as a pool and a tennis court. Currently it is legal for related family members to live in both homes on the property.

The attorney said that the creation of the flag lot would not result in any changes to the neighborhood, the existing driveways would remain as is and the structures would remain in place. If the property were to be sold, the attorney said that any new construction would need to be approved by the appropriate village boards. She contended that due to the distinguishing factors about this case, permitting a flag lot here would not set a precedent for future applicants.

Owner Lynn Peterson also spoke, saying, "These are two quite storied houses ... the lot is already non-conforming in so many ways that we can't even count them.... So few of the homes in the neighborhood are compliant. We understand that flag lots are not allowed, but we already live on one. There would be no teardowns and there would never be more than two families on the property. If we can't do it we will be forced to sell. We think this would be good for our family but also good for Scarsdale."

Board of Appeals Chair Jeff Watiker, told the applicants, "Flag lots are illegal. The Board of Appeals has never found a way to grant a variance to allow for a flag lot.
The planning board turned it down. Why should our board override two other boards? If we granted the variances why would you get a better audience from the Planning Board to permit the subdivision?" Mary Lou Green asked, "What's to prevent you from living the way you are?"

Two neighbors spoke, saying that they had submitted a letter arguing that the subdivision would "affect the character of Park Road .... one of the very few places left in Scarsdale where there is open space." They continued, "Estate Planning can be achieved through wills." They said that any zoning designation would run with the land, after the sale of the property and permit the construction of two large homes, accessory structures and pools on both of the lots.

The Chair asked the neighbors if they would prefer a flag lot to a subdivision down the middle of the property, (even though that would require a variance as well.) Both said that they would prefer to see no changes at all. Also discussed was the option of creating a cul de sac to access both properties.

Ultimately, though the board members appeared to be sympathetic to the family's request, the application was turned down due to the law preventing flag lots in Scarsdale.