Summary
In Baskin, DOB granted a variance to a one-family home, allowing the homeowner to install a second kitchen, on a finding that the house met the criteria for a one-family residence despite the possibility that it could later be converted into an illegal two-family home.
Summary of this case from 9th 10th St. LLC v. Bd. of Stds. App. of N.Y.Opinion
Argued October 20, 1976
Decided November 18, 1976
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, WILLIAM A. WALSH, JR., J.
Kenneth H. Resnick and Andrew R. Stoller for appellants.
Donald J. Ross for intervenors-appellants.
Carl L. Wanderman for respondent.
Order reversed, with costs, petition dismissed and the determination of the zoning board of appeals confirmed on the dissenting memorandum by Mr. Justice J. IRWIN SHAPIRO at the Appellate Division ( 48 A.D.2d 667).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.