Zoning board denies request to formalize third unit at 328 Pittston Avenue

The City of Scranton Zoning Hearing Board unanimously denied a variance request for 328 Pittston Avenue on procedural and safety grounds. The applicant’s representative argued the parcel already contains three dwelling units — two in the front building and an additional dwelling unit (ADU) in a rear structure — and pointed to multiple meters and gas lines as evidence that the property has functioned as a three‑unit site. "The fact of the matter is there's 3 units upstairs," said Sean Bingham, who spoke for the applicant.

Zoning staff and the board disputed that characterization. "There's nothing in the record that shows that was legally existing," the board's legal advisor said, noting the property is registered for two units and that permits for recent work were pulled and placed on hold. An inspector described an uninspected wire feeding what appears to be a third‑floor unit and said the external wiring and meter configuration had not been inspected. "Those wires that came out and up and around and feeding the 3rd Floor, that wire feed was not inspected," the inspector said.

Neighbor David Mitchell told the board his family, owners of the adjacent property, has long known the front house as a two‑unit building and said the rear structure had been vacant and condemned for many years until recent roof work. He raised safety and access issues in the alley and said on‑site parking is constrained. "Since the new owner took it over, it's been hell…" Mitchell said, citing a fallen chimney and heavy on‑street parking that, he said, impedes the alley.

Board members discussed grandfathering and parking requirements, with the board noting that to be grandfathered as a legally existing unit, a unit must already be shown in the record as legally established. The board ultimately voted 5–0 to deny the variance. The board’s denial leaves the property registered as two units under city records; any change to occupancy would require demonstration of a legally existing third unit or a successful variance on appeal.

The board did not adopt any immediate remedial order beyond the denial; board members and staff noted that a certificate of occupancy and inspections would be required for any later work. The applicant may seek further administrative remedies or refile with additional documentation of legal, inspected status for the claimed third unit.