More Details Emerge About House Proposed For Undersized Congers Parcel

Monsey-based developer WC Montebello Corp. wants to build a 48-foot long bi-level house on an undersized 9,221 square foot lot in Congers. The property owner’s request for three variances drew several hundred residents opposed to the project to a Zoning Board of Appeals meeting on Monday.

Clarkstown Deputy Building Inspector Eric Asheim detailed the three variances on Wednesday. He said the floor area ratio variance seeks 30 percent where 23 percent is permitted. Asheim said the front yard variance is for a 28-foot setback instead of the required 30-foot setback. The side yard variance proposes a 16-foot setback a four-foot difference from the required 20-foot setback.  

New City attorney Ira Emanuel, who represents Herman Frank, the principal of WC Montebello Corp., shared a different viewpoint. He said the current front setback is 22 feet and his client is proposing 28 feet. Emanuel noted the existing side yard is about three and half feet and the proposed side yard under the variance would be 16 feet. 

Asheim pointed out the existing house at 129 Lakewood Drive was constructed on the small corner lot before zoning laws were enacted. Current zoning requires a minimum lot size of 1,500 square feet for R-15 zoning, which includes the Lakewood Drive neighborhood.  Many houses in the area are 42-foot long high ranches.

“The problem is with the lot, the lot is undersized,” said Asheim. 

Emanuel said when the proposed house is looked at in context of the nearby houses it is not much bigger. The house proposed by Frank would be 2,784 square feet.

“It’s two levels,” said Emanuel. “It’s (a) 1,600 square foot footprint. There’s plenty of room around the sides.”

According to Asheim, the developer picked up the paperwork for demolishing the house but has not filed it.  Emanuel said he did not have any information about demolition plans.

Emanuel said Frank expects to sell the house.

“He’s a builder,” Emmanuel said. “He and his family have been builders in Clarkstown and all over for the past 30 years.”

Emanuel said the proposal has become a “cause celeb.” He finds that surprising because he said area residents want the current rundown house demolished but are objecting to a new home which he said would enhance the neighborhood.

Emanuel countered claims if the variances were approved that the proposed larger house would create a safety issues for school buses turning at the corner on their trips to and from Lakewood Elementary School.

“This stuff about intruding into the sight line is nonsense plain and simple,” said Emanuel. 

The ZBA is expected to take up the three requested variances at their September 9th meeting.