Greenacres Avenue Residents Move To Block Construction Of McMansion On Flag Lot
- Real Estate
- Published on Thursday, 11 September 2014 13:06
- Adrienne Fishman
The owners of a majestic home in Greenacres are moving to prevent the construction of a 6,200 square foot home on a flag lot behind their house. Currently the flag lot holds a 3,400 square foot home and the owners Edith Kallas and Joe Whatley received permission to demolish it. They plan to replace it with a home that is almost twice the size.
According to Scarsdale Village Planner Elizabeth Marrinan, the flag lot was created through a subdivision more than 20 years ago. The property was later re-subdivided again and at that time the Planning Board designated the front property line. When the owners applied to build the new home on the flag lot they used the front property line as designated. Homes in this zone must be set back 30 feet from the front property line and 10 feet from the side property line.
Joel Sachs of Keane and Bean is the lawyer representing Joshua Weismer and Stephanie Weiser, the homeowners of 25 Greenacres Avenue who are seeking to block the construction of the larger home at 21 Greenacres Avenue. He contends that the Planning Board had no jurisdiction to make the decision about the lot line in 1977 when the existing house was built, and that even if they had jurisdiction their decision was wrong. He also argues that none of the neighbors knew about the Planning Board's 1977 decision until June 2014.
Sachs filed an Article 78 petition in August in the State Supreme Court in White Plains challenging the neighbor's permission to build the house. He argues that the front of the proposed house will be 11 feet rather than 30 feet away from his client's home.
Sachs has also asked for an interpretation of the site plan from the building inspector and will take the case to the zoning board.
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