22 Murray Hill Road to be Razed: BAR Overrules CHP

After considerable discussion, the Board of Architectural Review voted to override a decision by the Committee for Historic Preservation (CHP) to deny permission to demolish a 1920's Colonial at 22 Murray Hill Road at a July 8 meeting.  The CHP decision centered on the home's owner, Warren Sinsheimer a prominent attorney who founded the Partnership for Children's Rights, a nonprofit organization that advocates for children with special needs by helping them obtain appropriate educational services. Since one of the criteria to save a home is the consideration of whether a person of historic importance lived there, the CHP had denied the applicant, David Fenton, permission to tear down the house. However, Fenton appealed the decision to the Board of Architectural Review, who overturned the CHP decision by a vote of 4-2, clearing the way for the house to be razed.

It is interesting to note that the Committee for Historic Preservation bases their decisions on whether or not a house is historic using different criteria than the Board of Architectural Review, who issues "certificates of appropriateness" for demolitions and has the power to overrule the CHP.

Here are the two sets of criteria:

Committee for Historic Preservation:

§ 182-5 Criteria for historical importance.

In considering whether the building in question appears to be of substantial historic importance, the Committee shall consider whether the building:

A. Is a building that is at least 100 years of age;

B. Is a building of historic significance;

C. Is a building which was the location of an event of historic significance;

D. Is a building related to an historically important individual;

E. Is the work of an architect or engineer of significance;

F. Is a work of architectural or engineering significance;

G. Is a significant example of an important building style or period; or

H. Has been listed on the National or State Register of Historic Places.

Board of Architectural Review

§ 182-6 Criteria for issuance of certificate of appropriateness.

The BAR, in making its determination whether or not to issue a certificate of appropriateness, shall consider the following:

A. Whether the building is of such architectural or historic interest that its removal would be detrimental to the public interest;

B. Whether the building is of such interest that it could be made into an historic shrine;

C. Whether the building is of such old and unusually uncommon design, texture or materials that it could not be reproduced or could be reproduced only with great difficulty; and

D. Whether the building's retention would promote the general welfare by encouraging interest in American history and architecture.

Commenting on the decision on 22 Murray Hill Road, William Silverman said, "I do think this decision highlights the unfortunate fact that the two committees, in deciding whether a house should be preserved, apply two different sets of criteria. I believe the public would be better served by a single set of criteria applied by the Committee on Historic Preservation with a direct appeal to the Trustees. I have expressed this position to the Trustees and the Mayor at public meetings and am encouraged that they are now considering amendments to the Village Code on point.

Lika Levi, founder of Save-Scarsdale.org spoke in defense of the house and said, "We should preserve what history we have in this young country. 200 years form now, there would be one less 300-year-old home to show, if we took this one down as well."

On Tuesday July 16, the CHP will consider applications to demolish three more homes. On the list are:

239 Fox Meadow Road, a six-bedroom fieldstone Colonial built in 1937 on a quarter of an acre in Fox Meadow. The house is listed for $1,299,000. Pictured here, the listing describes it as "a perfect home to raise a family."

The other two homes on the agenda are 11 Springdale Road, built in 1958 and 1159 Post Road built in 1957.