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A Southampton Village resident—and member of the village’s Zoning Board of Appeals—has a new proposal to subdivide his property into building lots, and an attorney representing some neighbors says they are worried that he will get special treatment.
James Zuhusky has applied to the Planning Board to have his two properties at 550 and 554 Hill Street converted into three lots. The combined property is the location of Despatch Self Storage, which Mr. Zuhusky owns.
Combined, the property covers 2.8 acres and currently contains two houses and the Despatch business, which is still being operated as a storage facility, considered an industrial use. The property is in a residential zone; the side-by-side existing lots straddle the line between the R-40 zone, which requires building lots of 1 acre, and the R-120 zone, where lots must be 3 acres. Although the use is non-conforming with the existing zoning, it was grandfathered in, since it pre-existed zoning.
The new proposal would create one half-acre lot and a pair of lots that would be about 1.1 acres each. A variance from the ZBA would be required because the properties are in two separate zoning districts.
Jeff Bragman, an East Hampton-based attorney representing neighbors who oppose Mr. Zuhusky’s plans, said his clients have a number of objections to the proposed subdivision replacing the storage facility.
“They are very concerned with the density,” Mr. Bragman said. “His rationale is, he is getting rid of commercial or industrial use. But the fact is, it’s a very unobtrusive use. The consensus among the neighbors is, an over-developed residential neighborhood is more obtrusive.”
Mr. Zuhusky, who has been seeking a subdivision since 2013, originally sought to have the properties converted into four lots, but scaled that back because the lots would have been too small to meet the zoning requirements. Gil Flanagan, his Southampton-based attorney, said the net result now would be adding one home, for a total of three, and getting rid of the industrial use.
Mr. Bragman said that residents also are concerned that Mr. Zuhusky’s position on the Zoning Board could influence its decision whether or not to approve a special exception, which would be required if the Planning Board signs off the subdivision application.
“They’re very concerned,” said Mr. Bragman of his clients. “It’s worrisome that he is on the Zoning Board and tells people that they are asking for too much.” He further explained that the first rule of the Zoning Board of Appeals is to grant as little relief as possible: “You give the least amount of relief to resolve the problem. This guy’s plan has required 20 to 25 variances.”
Mr. Flanagan pointed out that Mr. Zuhusky has recused himself from all formal discussions of his plan for the properties. He said that, while some may think his client has been discussing it with other ZBA members, he has full confidence that he is not and is acting professionally throughout the process.
Mr. Flanagan said he and Mr. Zuhusky have been addressing each issue raised by the ZBA’s consultant and hope the Planning Board will be able to move forward by the first meeting in September.
The board will continue to discuss Mr. Zuhusky’s plan at its regular meeting on Monday, August 1.
Greg Wehner on Jul 26, 2016