State Supreme Court Denies Milstein's Appeal to Tear Down Historic Midcentury Modern Home
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- Written by Joanne Wallenstein
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Here’s some more interesting news for those advocating for preservation in Scarsdale. Last week, the Committee for Historic Preservation denied an application to demolish a treasured home in “The Woods” section of Scarsdale, following an organized campaign from neighbors.
This week we learned that another home will be spared. In a ruling from the Westchester County Supreme Court, Judge Robert A. Neary upheld a decision by the Scarsdale Board of Trustees to deny an application to take down a mid-century modern home at 76 Birchall Drive. The homeowner, Howard Milstien planned to demolish the home, subdivide the property and build two new homes on the site.
After both the Committee for Historic Preservation and the Scarsdale Board of Trustees found that the home met the criteria for preservation, the owner, Howard Milstein of PIM Holding Company filed an Article 78 in State Supreme Court to appeal the ruling “on the grounds that the administrative decision was made in violation of lawful procedure; affected by an error of law; or arbitrary and capricious or an abuse of discretion.”
Milstein’s attorney, Troy D. Lipp of Cuddy and Feder contended that the Village's Historic Preservation Law “is unconstitutionally vague and overboard under the federal and state constitutions.” The Village of Scarsdale was represented by Nicholas M. Ward-Willis and Carina P. Zupa of Kean & Beane.
The decision says, “The Scarsdale Board of Trustees determined that the Petitioner- Plaintiff’s residence is "uniquely" historically significant in that it is a classic example of the mid-century modern movement and has retained its integrity despite the substantial record evidence confirming the significant changes and alterations to the residence and conclusions of the Village's own expert that the residence no longer possess integrity of its original design and, therefore, does not satisfy the Village's criteria for historic preservation.”
“The Board of Trustees additionally found that the residence is worthy of preservation because (architect) Zelnik was a master, and the residence is the work of a master, citing Zelnik's achievements and the letter in support of preservation from the President of the Bronx Chapter of AlA.”
Furthermore “The Board of Trustees engaged in the required balancing test and considered the relevant statutory factors, and their determination is supported by evidence in the record.”
The court said, “In the instant case, the Court finds that the BOT's determination to deny the appeal of the CHP's decision to deny a COA had a rational basis and was not illegal, arbitrary, and capricious or an abuse of discretion.”
“The Court finds that in the present case contrary to the Petitioner-Plaintiff s contention, the HPL (historic preservation law) is not unconstitutionally vague. The fact that different parties may disagree on the significance of certain statutory language does not indicate that the statute is unconstitutionally vague.”
“Therefore, based on the foregoing, the Petition is denied, and the matter is dismissed.”
The application was the subject of many meetings and neighbors amassed significant evidence to support a denial of the application. The architect’s grandson, Bryan Zelnik played a role in defending his grandfather’s legacy.
Bryan Zelnik, who is also an architect said, “I was happy to hear the news that the Supreme Court Judge decided to agree with the Trustees and the judge denied the petition and dismissed the case. This decision allows 76 Birchall Drive by Simon B. Zelnik FAIA to remain in Scarsdale's architectural history. The Dolkart report should be amended to include Simon B. Zelnik FAIA and his 76 Birchall Drive house as the first modern architect and the second Midcentury house in Scarsdale's modern history. The modern first house in Scarsdale was the 1948 Barricini House that Zelnik also designed and placed on the national stage where it belonged in the 1948 Architectural Forum article i uncovered in my research online.”
He continued, “I had several thoughts about the Supreme Court case decided by Justice Robert A. Avery. The judge acknowledged and cited my grandfather's achievements including his earned fellowships from the AIA in Design and Education along with importance of the 1948 Arch Forum Article I presented as documentary evidence to the CHP. The 1948 article the Judge highlights as one of Zelnik's achievements is "the feature of Simon Zelnik in the 1948 Architectural Forum issue that highlighted his forward thinking "modern luxury" architectural designs." It can be argued that Zelnik's Barricini house led to the future of modern residential luxury architecture and one of the first in the country.”
“I also wanted to note the recent article "Residents to Present Petition Calling for a Moratorium on Tear Downs and Subdivisions to Village Trustees" as a positive direction for the village. I hope that the preservation of 76 Birchall inspired this group to create a "mandate for change" and wish them luck in achieving their resolution. As an architect, I am a strong advocate for preserving the past if it satisfies the village code's criteria and documentary evidence is provided and not just consulting opinions against it.”
The issue was even covered in the Wall Street Journal in an article that sought to cast doubt on the status of Zelnik in the world of architecture. The piece, said, “You’d be forgiven for not knowing the name of Simon B. Zelnik, a respected-but-not-celebrity New York architect who died in 1980.” However, the article did not sway Judge Neary.
The ruling comes at a pivotal time for Scarsdale. After many homes have been torn down, properties subdivided and two oversized homes replacing one, some neighbors have had enough. A group has amassed over 300 signatures on a petition calling for a six-month moratorium on tear downs and subdivisions.
However, aggressive developers and homeowners continue to tear apart neighborhoods.
At the next meeting of the Committee for Historic Preservation on Tuesday November 14 at 7 pm, applications will be considered to tear down four more homes.
They are:
Since the BAR denied an application to add a front facing garage and expand the footprint of 23 Autenrieth Road, the homeowner has now applied to tear down the home, built in 1911.
1) 46 Lincoln Road – Demo house built in 1954
2) 20 Carthage Lane – Demo house built in 1954
3) 23 Autenrieth Road – Demo house and detached garage built in 1911
4) 9 Ogden Rd – Demo house and detached garage built in 1952
Will the Scarsdale Board of Trustees act quickly enough to save these homes and bar the subdivisions which are often the next step?
Neighbors' Pleas Save 27 Woods Lane from Demolition
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A group of determined residents and a former Scarsdale Village Trustee swayed the Committee for Historic Preservation to deny an application to tear down a treasured home in “The Woods,” in Scarsdale at a hearing on October 17, 2023.
Though these meetings are usually poorly attended, approximately 50 neighbors turned out to speak in support of preservation of the house and their neighborhood which they called, “special, unique and historic.”
The application to raze 27 Woods Lane had been held over from a meeting on September 19, 2023 at which neighbor Jim Detmer and former trustee Jonathan Lewis urged the committee to deny the applicants.
In the intervening weeks, the committee asked Architectural Historian Andrew Dolkart for an opinion on the house which you can read here:
In his letter he reviewed the history of the Woods, the style of the Colonial Revival home, the setting and the large trees.
He concluded, “The period when 27 Woods Lane and the Woods subdivision as a whole were developed is exactly the time when Scarsdale was being transformed into one of the finest suburban communities in the NYC metropolitan region. Thus, the house exemplifies the architecture that reflects the key development in the broad pattern of Scarsdale’s history. …this subdivision retains its initial design integrity to a very high degree with all of the early houses appearing to largely retain their historic character. Thus, I conclude that this handsome house which could continue to be a comfortable home for a new family should not be demolished.”
Also in the intervening weeks, neighbors launched a petition on MoveOn to declare a six month moratorium on demolitions and subdivisions until laws could be rewritten to “modernize our codes and strengthen our governance to preserve our neighborhoods from overdevelopment.” The petition, which you can sign here, now has 238 signatures and residents plan to bring it to the Scarsdale Board of Trustees at their meeting on Tuesday October 24, 2023.
Representing homeowners John and Mary Jane Clerkin, who plan to sell the home to developers to subdivide the property and build two new homes, was architect Sid Schloman. He contended that the home was without historical merit. He pointed to design flaws in the symmetry of the front façade of the house and said that the original architects are unknown. He said that Cherry and Metz, a firm that did a renovation to the house were known for their religious structures, not homes. About the house he said, it is, “Quaint and cute but not an architectural masterpiece.”
Many residents were eager to express their views on the importance of the home in the neighborhood. Linda Killian of 1 Forest Lane said, 27 Woods Lane is a the beginning of a bend in a beautifully designed area, planned by a group of architects and developers over time. All it takes is one horrible development to ruin that. I see far too many teardowns and too many cookie cutter houses. I don’t want to have that happen in my neighborhood or in any other neighborhood. It is time that the interest of the residents become more aligned with the land use boards.”
Jim Detmer of 21 Woods Lane, who organized his neighbors and the petition said, “We are concerned about the evolution of our neighborhood… and concerned about a teardown and about aesthetics and land use. The demolition of this house would be a neighborhood loss and a community disaster. Read the conclusion of Dolkarts report. It embodies the specific criteria of a period and reflects the key patterns of the development of the Village. Part of the history of the Woods is land –-- large backyard, mature trees, a tall white oak and an enormous tulip tree. We can’t close our eyes to the topographical history of this area – they call it the Woods for a reason.”
Lisa Judson of 6 Woods Lane said she has lived in her house for 22 year. She said, “I understood that “The Woods” was a special area. 20 Woods is the original house. That house has a dock in the back over the Hutchinson River. That is an historic house. It was built before the Kensico Dam. Do not put more houses in this area – this is the 4th time in 5 years I have had to rebuild my basement.”
Jared DiPalma of Southwoods Lane said, “The Woods is truly a time capsule and a living museum of the Village’s vision for development and suburbanization between the 20’s and the 30’s. Since its development no home has ever been demolished from the original 1930’s plan and no new development has occurred in “The Woods” since the early 1960’s.”
Rita Piazza of 50 Woods Lane said, “I left notes for 6 years to get onto woods lane one of the most beautiful blocks in Scarsdale. It would be a terrible disservice to allow the construction of two homes there. People don’t want those identical twin homes.”
Linda Swann of 26 Tunstall Road said “We walk on Southwoods, Eastwoods and Woods Lane all the time. It is unspoiled – tearing down this house would spoil this area for us. Come to Tunstall Road – see what they have built on 25 Tunstall Road. If you allow one to be torn down, they use that as justification to tear down more. You say that’s outside the rules – then the rules need to be changed. There is no reason to take these houses except for someone else to make money – and they don’t even live here.”
Rick Birch of 52 Woods Lane said he moved here with his wife and two daughters in 2018. He said, “We were sold on the house when we drove up the road. That was it – before we got into the house.”
Jonathan Lewis of 56 Woods Lane said, “It’s been wonderful for me to listen to my neighbors who call the neighborhood “a time capsule and a living museum. It would be a neighborhood loss … it’s a work of art and it’s a beautiful house. When I look at the charter of the CHP – to preserve our neighborhoods – I am persuaded that Dolkart’s recommendation is exactly right. It could be a home for a new family. The tree arbor is part of our historical legacy. This is what we are trying to preserve – it exemplifies the suburbanization that makes Scarsdale great. It is the fulcrum of the neighborhood. I would encourage you to use your power to preserve our neighborhood – you have the power to save this – you have the power to save our Village from rampant development. Use your authority and save this home from demolition.”
Audrey Schwarz of 242 Madison Road said, “The Woods is a beautiful area. Its architectural sameness brings a higher value for all of their neighbors.” She asked, “If we petitioned to save the neighborhood could it be considered?”
CHP Chair Adam Lindenbaum repeatedly said “No that’s not our charter.”
After repeated pleas for changes in the law Board Member Kevin Reed suggested the residents go to the Board of Trustees with their concerns.
When a vote was called, Lindenbaum made a motion to the deny the teardown application which was seconded by Reed and approved unanimously by the entire committee.
Following the meeting Jonathan Lewis said, “Everyone who cares about preserving our neighborhoods should be proud of our village Committee for Historic Preservation. Tonight, Village Hall was packed with neighbors asking the CHP to protect 27 Woods Lane from demolition. The CHP listened and voted unanimously to preserve this gracious home that represents a unique period in Scarsdale History."
Our neighbors showed up in force and the message to our village government was clear - We are ready to stand up and fight to protect our village from over development.
Jim Detmer and I plan to attend next week’s Village Board of Trustees meeting to present our petition calling for a 6 month moratorium on teardowns and development. We think this action is absolutely necessary so our village code and governance structure can be modernized to ensure that our neighborhoods, historic vistas, and natural environment is protected for the next generation. We call on all neighbors who care about protecting the characteristics that make Scarsdale so special to join us."
Following the Woods Lane decision, the Committee approved three more demolitions.
The first was a 1914 garage and carriage house at 6 Cooper Road, that originally went with a historic house at 2 Cooper Road. The property has since been subdivided
20 Heathcote Road will be torn down. and the structure stands alone on one of the lots.
It did not win unanimous approval. Committee members Jonathan Lerner argued that the 3,500 square foot carriage house should be preserved. He said, “Since the home at 2 Cooper was saved and this goes with the house I think it’s a shame that it be torn down.”
However developer Bobby Ben Simon, who owns two sides of the subdivided lot argued with him. He said, “The house was not preserved because of the decision of the board. You did not do your job – there was no reason to save the house. If there was one house that should have been preserved it should have been this.”
He was yelling and threatening and Lindenbaum warned him to calm down and respect the committee or the Board would leave the proceedings.
Ultimately they approved the demolition of the garage.
Also to be demolished is a 10,563 square foot home at 20 Heathcote Road, built by the Milstein Family. Joshua Lamberg of 4 Bethel Road says he will build a home there for his family. Though distinctive, the board did not find that the house met the criteria for preservation.
(Correction) It has come to the attention of Scarsdale10583.com that, at the time the large trees on the subdivided lot at Copper Road were removed (pictured above), Ben Simon no longer owned the lot. Mr. Simon did not remove the trees as previously reported.Last a small stone and shingle house designed by Philip Resnyck at 1 Ardmore Road will also be razed. Arguing for the demolition, the applicant said ,“We have already taken down nine or ten houses on the block.” His argument for the application spoke to residents’ claims that once the board permits one house in a neighborhood to be torn down, it becomes the justification for many more demolitions.
Westchester Residents Voice Support for Israel
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Westchester residents are expressing their support for Israel after the weekend attack by Hamas.
Here are statements from local leaders and information about rallies.
On Tuesday night October 10, Westchester Stands With Israel will hold a countywide solidarity rally at 8 pm at Temple Israel Center of White Plains at 280 Old Mamaroneck Road in White Plains. Participants are asked to register to attend here:
Rabbi Jonathan Blake of Westchester Reform Temple made the following statement and invited the community to attend a Vigil for Israel on Wednesday night October 11. Details are below.
Tomorrow evening, Wednesday, October 11th, at 7:00 PM, please join the clergy of WRT, fellow Westchester Community Synagogues and clergy, Shachar Liran-Hanan, the senior JAFI (Jewish Agency for Israel) shelicha (emissary) to the Westchester Jewish community and Amanda Berman, Founder, Zioness.
We will gather at WRT on Wednesday evening for solidarity, prayer, song, with our community, and will broadcast the event over livestream at wrtemple.org. All are welcome.
Teens and parents are invited to attend a pizza and salad dinner with our shinshinim (Israeli teen emissaries) from 6:30-7:00pm in the Beit Am. Please register here.
We are maintaining a vigilant security posture for tomorrow evening's event. Please do not bring any bags (briefcases, backpacks, etc). Please be patient and courteous as we take all necessary precautions to keep our community safe.
In partnership with the following organizations:
AJC
Bet Am Shalom
Community Synagogue of Rye
Congregation Kol Ami
Larchmont Temple
Scarsdale Synagogue Temples Tremont and Emanu-El
Shaarei Tikvah
Temple Beth El of Northern Westchester
Temple Bnai Yisrael
Temple Israel of New Rochelle
Woodlands Community Temple
We stand with Israel in this war of self defense, and will continue to do all we can to lend support, strength, allyship, and the collective prayers of our congregation and the Westchester Jewish community.
This Wednesday evening, October 11th, at 7:00 PM, please join the clergy of WRT and Shachar Liran-Hanan, the senior JAFI (Jewish Agency for Israel) shelicha (emissary) to the Westchester Jewish community.
We will gather at WRT on Wednesday evening for solidarity, prayer, song, and discussion of the situation, and will broadcast the event over livestream at wrtemple.org. All are welcome.
The JCC of Mid-Westchester will hold a Solidarity Shabbat Dinner on Friday October 13 at 5 PM.
"Community is more important now than ever, and we invite you to join us Friday evening as we welcome Shabbat by singing songs of solidarity with Israel and enjoying a kosher deli-style Shabbat dinner.
To secure your spot, please register by the Wednesday before the event. This event is geared toward older adults.
Sponsored by Bob and Sheila Friedland and the JCCMW."
County Executive George Latimer sent the following statement:
Flags to Be Flown at Half-Staff On Westchester County Properties: Statement from Westchester County Executive George Latimer
“In a solemn gesture of solidarity and remembrance, Westchester County has decided to fly flags at half-staff on County property to honor the Americans who tragically lost their lives in the recent attacks in Israel. As our hearts go out to the families and loved ones affected by this devastating event, Westchester County stands united with our fellow Americans and our brothers and sisters in Israel during this challenging time.”
This morning, while getting ready for joyful Shabbat and Simchat Torah services at WRT, mindful of yesterday's solemn commemoration of 50 years since the outbreak of the Yom Kippur War (October 6, 1973), we learned of massive surprise attacks on sovereign Israeli soil, indiscriminately killing and kidnapping soldiers and civilians, wounding hundreds more, and capturing Israeli territory.
We condemn in the strongest terms possible these heinous, coordinated acts of terror carried out by Hamas, with the support of its allies and sponsors in Iran and beyond.
Scarsdale Mayor Justin Arest offered the following:
Dear Scarsdale Community,
Over the weekend, I, like so many of you, watched in horror and shock as the violence unfolded in Israel. Today, on behalf of the Board of Trustees, I reach out to unequivocally condemn the acts of violence perpetrated by Hamas, including the kidnapping and killing of innocent civilians. We stand firmly against all forms of terror, hate, and bigotry. The Village of Scarsdale stands in solidarity with the Jewish community and Israel during this tumultuous and frightening time.
Our thoughts and prayers go out to the families who have experienced loss and those with loved ones who are currently living in fear. Scarsdale is home to many residents with strong connections to this region, and we extend our prayers and support to them. In times of tragedy, we have always come together to lean on one another. That is who we are and who we must continue to be. We are also a community of compassion, tolerance, and respect.
Please know that our Village, led by the Manager’s Office and Police Department, is monitoring the situation and potential safety concerns for our area closely. Once news of the attacks became known, the Scarsdale Police Department (SPD) immediately assigned additional patrol and premise checks of all synagogues. They have also increased patrols around the schools. SPD continues to be in contact with leadership in our public schools, religious institutions, and other educational providers to ensure they have full information and that the correct resources are where they need to be. SPD also regularly coordinates and shares information with intelligence and counterterrorism partners at multiple levels of government.
Finally, we will be flying our flags at half-staff in remembrance of the American lives lost in Israel and we honor all lives lost to the unthinkable acts of terrorists.
As we navigate the days ahead, I wish everyone strength.
Yours truly,
Justin Arest Mayor
Sign this Petition to Save Scarsdale From Demolitions and Overdevelopment
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After an application was filed to demolish a treasured Edgewood home with the intent of subdividing the property and building two in its place, a neighbor was inspired to post a petition to stop the destruction of Scarsdale’s historic homes and trees.
Jim Detmer of Woods Lane has created a petition calling for a six-month moratorium on tear downs and subdivisions until the Village can re-evaluate the laws.
Detmer said, “27 Woods Lane happens to be at the geographic heart of the Woods neighborhood that balances history, structure, space and sense of community. We are concerned that there will be another misuse of land resulting in an aesthetic abomination out of character with the street, neighborhood, and village. It is time for a moratorium on development and teardowns. We need to reevaluate our real estate and zoning laws and policies and insure policies are in line with the needs and desires of the Scarsdale community. This has been kicked around for too long and the Mayor, the trustees and concerned citizenry need to get after this."
A meeting of the Committee for Historic Preservation will be held on Tuesday night October 17 at 7 pm at Village Hall. Detmer is asking for your signature so that he present a robust list of names to the committee on Tuesday.
He asks that you sign the petition here and circulate it to our neighbors:
Mayor Says the Village is in Good Hands
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Mayor Justin Arest sent the following out to the community on October 4, 2023 in light of the departure of the Village Manager:
Dear Scarsdale,
I hope that you and your families are safe in the wake of the latest storm. I want to thank our dedicated staff whether it be our first responders, public works team, or other department members for their tireless work during this latest rain event. We will be continuing our stormwater conversations in the coming days and weeks, both locally and regionally. I have already been in touch with our state representatives in the Senate and Assembly as well as our County Executive and expect to continue conversations very soon.
On behalf of the Village Board, I want to take this opportunity to make sure that the community has a clear understanding of the current state of affairs in our Village government. We are aware that some have wondered whether there will be any changes in day-to-day operations following the departure of our former Village Manager. We want to address some of these comments and questions.
First, our Village is running smoothly and without interruption. Scarsdale’s Acting Village Manager, Alex Marshall is overseeing the day-to-day administration of the Village. Ms. Marshall is an outstanding public servant who has been Scarsdale’s Deputy Village Manager and is experienced in the daily operations of the Village. We are fortunate that she will work with our exceptional department heads who continue to keep the community safe and well served. Nothing has changed in the day-to- day operations of the Village. The Board will provide oversight and guidance regarding budgetary and policy matters.
Second, on the advice of counsel, we will not be discussing the employment of our former Village Manager at this time.
Finally, we have begun the process of finding a replacement to fulfill the Village Manager role. We will be working closely with qualified experts, running a national search, dedicated to attracting the best talent to our wonderful community.
The Board recognizes its role as stewards, committed to continued excellence, and always seeks to channel the cooperative spirit of volunteerism and professionalism that has long served Scarsdale. We are truly grateful for your patience and trust and pledge frequent updates to and — opportunities for input from you — our residents.
Sincerely,
Justin Arest
Mayor
