Preview
FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 06/11/2021
Exhibit 2g
FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 06/11/2021
445 HamlftonAvenue.14th Floor
White Plains. New York 10601
CUDDY -,si soo
F 914 761 5372
cuddyfeder.com
LLP
Lawrence Otis Graham
. larahamecuddyfeder.com
August 21, 2020
By Hand Delivery
Chairman Adam Lindenbaum
and Meinbers of theCommittee for Historio Preservation
Village of Scarsdale -- Village Hall
tool Post Road
Scarsdale, New York 10583
Re: Sarah Binetter, as agent for Onedol Rock Holdings LP
Supplemental Submission- CHP Certificate of Appropriateness Application
Premises; 11 Dolma Road, Scarsdale, New York
Section 18; Block o1; Lot 13E
Dear Chairman Lindenbaum and Members of the Committee for Historic Preservation:
This letter and enclosed materials are respectfully submitted on behalf.of Sarah Binetter, as agent
for Onedol Rock Holdings LP (the "Applicant"), in furtherance of the above-referenced
Application related to the demolition of the structures at the captioned Premises. The initial
submission included a 29-page letter dated June 2, 2020 and was accompanied by ten exhibits.
The focal point of this submission is a response to a June 26, 2020 preservation assessment on n
Dohna Road prepared by Professor Andrew Scott Dolkart (hereinafter referred to as the''Dolkart
that was raised and discussed members of the CommiMaa for Historic
Assessment") by
Preservation at the June 30th (the and not received the Applicant
("CHP") hearing "Hearing") by
until July 8, 2020. This submission also addresses questions raised at the Hearing by Corrsñiüêê
members on the Application.
As this Committee is aware, the Premises are improved with a main residence, pool and pool
house. The main house was constructed in approximately 1928 by architect Julius Gregory
("Gregory") and has since been substantially altered by three different architects, beginning in
1941, then in 1946, and then in a significant campaign beginning in approximately 1995 and
ending in the early 2000s. The. pool and 1-story stucco pool house were constructed in
approximately 2001.
The record thus far,coupled with the supplemental materials provided herein, demonstrates that
there isno substantial evidence to support a denial of the Application for demolition of the main
residence, pool and pool house. The Dolkart Assessment does not find that the pool or pool house
meet any of the criteria and there was no discussion of either structure at the Hearing. Since both
structures are of modern construction and designed by an unhe=m architect, it respectfully
submitted that neither meet the criteria for preservation. Indeed, a denial of this COA application
would substantially impair our client'sconstitutionally protected property rights. Accordingly, it
is respectfully submitted that the CHP approve the requested Application for complete
demolition.
WESTcHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT
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Our well qüâlified expert, Dr. Emily T. Cooperman, holds an M,S. in Historic Preservation and a
Ph.D. in the history ofArt and Architecture, an education that combined training in professional
historic preservation practice with the study of American and European architectural and
landscape history. Dr. Cooperman has been in professional practice for nearly So years, and
serves as the Senior Architectural Historian for Paulus, Sokolowski and Sartor, LLC ("PS&S").
She is the former principal of ARCH Preservation Consulting and former direct0s for Historic
Preservation for the Cultural Resource Consulting Group. She also served as Director of Research
for the Architectural Archives of the University of Pennsylvania, authoring biographies for
multiple twentieth-century designers with local, national and international careers. Her project
work has included National Historic Landmark nominations for works by Frank Lloyd Wright,
Eero Saarinen, and Iouis I.Kahn, as well as studies of landscapes and buildings that range indate
from the late seventeenth through the mid-twentieth centuries. Her books includeWilliamBirch:
Picturing the American Scene and editor of The Country Seats of the United States, both
published by the University of Pennsylvania Press.
As Dr. Cooperman's prior report and en cad supplemental report demonstrate, the main
residence does not meet any of the criteria of Historic Preservation Law Section 182-5.
Specifically, the evidence relied upon by Dolkart and the CHP do not meet the substantial
evidence standard required to find that the house isthe work of a master or embodies distinctive
characteristics of a type, period or method of construction that possesses high artistic values.
Accordingly, we respectfully request that the CHP issue a COA for the requested demolition of all
structures on the Premises.
CRTTERIA, FOR DETERMININaHISTORICAL IMPORTANCE
The CHP's deliberation at the Hearing, and the Dolkart Assessment, centered almost exclusively
on the third and fourth criterion for a Historical Importance determination provided for in the
Village of Scarsdale Code Section 182-5:
Criterion 3: That the building isthe work of a master; or
Criterion 4: That the building embodies the distinctive characteristics of a type, period
or method of construction that possess high artistic values;
Criterion 3: Thatthe buildingis theworkofamaster
The main residence does not warrant preservatiûñ on the ground that itis the work of a master,
because Julius Gregory was not a master of this type of residêñce.
The available evidence demonstrates that Gregory does not meet the Village definiden, which is
verbatim, the same as the National Register Bulletin guidance to be a Master. Both the Village
Code and the National Register Bulletin define Master, in relevañt part, as: "A figure of generally
recognized greatness in a a known craftsman of ccasummate skill . . ."1As
field, previously
1Village of Scarsdale Code Section 182-2.
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submitted, in order for a residence to be preserved under this category, two elements must be
met:
1. The building that is the work of a master must "rise above the level of worlananship of the
other properties.of the same period"; and
2. It must also embody the "distinctive characteristic of a type, period or method of
construction that possess high artisticvalues "a
The residence at 11 Dolma Road cannot be preserved merely because the CHP generally believes
that Gregory was a master. Aside from holding such a status, which we submit is not the case, the
building in question must represent the qualities of work that the architectwas recognized as great
for.
As Dr. Cooperman's attached supplemental report and previously submitted May 15, 2020 report
discuss in detail, Gregory was known for designing small residenes in popular styles, such as the
cottage design, in the 1910s and 1920s.3 His lack of respected architectural skill isevidenced by
his failure to be elected by his peers as a fellow of the AIA and the lack of attention to his work
since his death.4
In support of his assertion that Gregory is a master, the Dolkart Assessment citeshis co-authored
architect"
2012 Reconnaissance Survey which identifies Gregory as a "talented and identifies him
as a specialist in revival styles. Aside from this conclusory statement, there isno specificity in the
Reconnaissance Survey or the Dolkart Assessment that distinguishes Gregory in detail from any
other recognized, capable architect and certainly nothing that elevates his status to one of
generally recognized greatness.
The Dolkart Assessment cites Gregory's obituary in the New York Herald-Tribune which
described him as a designer in churches and houses that were reproduced in national magazines
and described him as an architect whose work showed an "adaptation of traditional styles to new
treatments."
materials and We note that nothing asserted in the obituary elevates Gregory's talent
to a level above his peers, which is required to meet Criterion 3. Many architects during this
period designed churches as well as homes.5 Indeed, not architect that designed both a
every
church and single-family residences is a master.
Dolkart also cites to Gregory's New York Times obituary and his report claims that Gregory won
1953."
"several gold medals from the AIA before retiring in This is a false statemêñt, as Dr.
Cooperman's independent research shows; and further, the text of the New York Times obituary
(enclosed as Exhibit makes no mention of gold medals.6 the
D) Gregory winning Instead,
"awards"
obituary makes the vague assertion that he won from professional societies. Dr.
. Dep't ofthe Interior, National Park Service:National Register Bulletin: How to Apply the Naticaâl
Register Criteria forEvaluation, page 20 (included as Exhibit I ofJune 2, 2020 CHP Application).
a Supplemental Report prepared Dr. M.S., Ph. D, Senior Architectural Historian at
by Emily Cooperman,
of Paulus, Sckelewski and Sartor, LLC, dated August 20,2020, page 3 (hereinafter referred toas "PS&S
Supp'1 Report").
4 PS&S Supp'l Report page 4.
s PS&S Supp'l Report page 4.
6 PS&S Supp'I Report page 5·
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Cooperman's additional research uncovered that received two honorable mentions.7 One
Gregory
honorable mention was received for his design of the Methodist Episcopal Church of Long Island
by the Christian Herald Bureau of Church Planning, which was not a professional architectural
orgasanon.8 This honorable mention was one of to honorable mentions given the Christian
by
Herald Bureau of Church for the entries.9 Second, the Brooklyn Times Union reported
Planning
that he was given honorable mention at the 45th annual evhihinon of Architectural League of NY,
but his work related to this honorable mention was not described in detail.to Itis respectfully
submitted that these honorable mentions are consistent with the assessment that Gregory was a
competent and successful architect, however two honorable mentions over the course of a career
do not evidence greatness.
Even ifGregory was considered a master, which we submit he was not, the main residence does
not express a phase in his career or an aspect ofhis work for which he was recognized. The large
"specialty"
residence at 11 Dolma Road does not represent Gregory's of the small, picturesque
which isevidenced his own home at Church Lane in Scarsdale.22 In the
cottags, by 3 fact, during
Hearing, Dr. Cooperman's presentation, attached hereto as Exhibit B, included numerous photos
of Gregory's other works, characterized by the compact and picturesque cottage-design, including
3 Church Lane. As previously submitted, the manor-like residence at 11 Dolma does not "express
a particular phase in the development of the master's career, an aspect of his . . .work, or a
craft" for.22
particular idea in his . . . because itis not the type of design he was recognized
Although Gregory was not known for his work of larger homes, he did design a handful of larger
homes, such as the residence at Old Orchard Road.'s Dr. Cooperman's research and
53
professional opinion indicates that there are several other large homes Gregory designed which
are more notable and possess higher artisticvalue than the home at 11 Dolma Road, as discussed
in further detail in Criterion 4 below.24
During the Hearing, assertions were ma de that other French Norman Farmhouse style homes in
various municipalities designed by Gregory received historical designations. Since the Hearing,
Dr. Cooperman conducted extensive research on other homes designed by Gregory in the
surrounding area and we found no evidence that there are any individually-designated properties
that were designated designed Gregory, homes in Greenburgh and New Rochelle.xa
by including
While Gregory was one of a small group of architects who were approved by the Fieldston Property
Owners Association for the construction of new homes within the Fieldston Historic District
designated by the NYC Landmarks Preservation Committee, none of the buildings he designed in
this district are described as masterworks.16 the of these homes were of the
Further, majority
7 PS&S Supp'l Report page 5.
8 PS&S Supp'l Report page 5.
9 PS&S Supp'I Report page 5.
20 PS&S Supp'l Report page 5.
•¹ PS&S Supp'l page 4. See alsophotos of Church Lane in Exhibit B.
Report, 3
52 PS&S Supp'l page 4.
Report,
as PS&S Supp'I Report, page 6.
54 PS&S Supp'l Report, pages 6 & 9.
15PS&S Supp'I Report, page 6.
56PS&S Supp'l page 6.
Report,
WESTCHESTER 1 NEWYORK CITY I HUDSONVALLEY I CONNECTICUT
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smaller cottage-style design style, a sharp contrast to the manor-like expansive residence at 11
Dolma Road.
the Hearing, the Committee members cited a 2017 case 53 Old Orchard Road,27
During regarding
in which the CHP found that Gregory was a master. We note a significant flaw with citing this
precedent because the criterion for preservation under Section 182-5 of the Village Code has been
amended since 2017 and therefore the conclusion that Gregory was a inaster is not binding
precedent in this case and does not require a finding of preservation. In 2017, the text of Section
182-5 consolidated what is now Criterion 3 and 4 into one Criterion (former Criterion 31
Therefore, to satisfy Criterion 3 in 2017, the CHP needed tofind b__oth thata horne was the work
of a master ap_d that itembodied distinctive characteristics that possess high artistic values. The
amended 2020 text of Section 182-5 has bifurcated these two elements, so that Criterion 3
requires a finding that the home is the work of a master, and separately, Criterion 4 requires that
the home embody distinctive characteristics that possess high artisticvalues. To summarize, in
2017, the CHP did not have to decide exclusively that Gregory was a master to find the home at
53 Old Orchard met the criteriafor preservation.
As previously discussed herein, the available evidence failsto support a finding that Gregory was
a master ofthe large French Norman Farmhouse style. The CHP's 53 Old Orchard decision cites
his work in the Fieldston Historic District and churches.28 While these are cominesdable designs,
the home at 11 Dolma Road is a completely different architectural design from the majority of
homes in the Fieldston Historic District and itis not a church. Gregory was not found to be a
master of the large French Norman Farmhouse style, particularly because the home at 53 Old
Orchard Road isbetter described as the small cottage style for which he was known.
The CHP's prior decision in 53 Old Orchard is not binding precedent because, among other
reasons, it contemplated preservation under different Criterion and for a home that was .ofa
different architectural style forwhich Gregory was well-known. There is no evidence supporting
a finding that Gregory's architectural skillwas a generally recognized greatness that elevates him
to a level above his peers, especially in his design of large manor-like homes. Indeed, such a
finding would not be supported by any evidence, let alone the substantid evidence required to
preserve the home at 11 Dolma Road.
The main residence does not warrant preservation on the grounds that Walter Js Collet was a
master.
The main residence was constructed by Collet Construction Company in 1927-1928. Walter J.
Collet, a principal of Collet Construction, was a developer and builder in Scarsdale. Collet worked
as a civilengineer for steel and iron companies prior to his career as a developer.29 Collet
mainly
was successful in capturing the market of wealthy and elitehomebuyers in Scarsdale through his
numerous advertisements in real estate sections of newspapers and his own promotional
brochure.:o We that Collet was not a desigñer of buildings and Dr. Cooperman
note, however,
17January 17, 2017 CHP decision for53 Old Orchard Road, included in Exhibit C (hereinafter referred to
as "53 Old Orchard decision").
18 SeeExhibit C- Old Orchard page 2.
53 decision,
19 PS&S Supp'l Report pages 6-7.
20 PS&S Supp'l Report pages 6-7.
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was not able to find any documentation about Collet's development efforts that was not strictly
promotional in nature.25 there is no evidence Collet has for his profession
Further, any training
as a builder and developer.22 There is not even a published for Collet.as
obituary
Further, as evidenced in Exhibit J, this Committee is bound by its prior precedents where
numerous Collet homes have been approved for dêm0lition.=4 There isno evidence available that
sets Collet's involvement in the design of 11 Dolma Road apart from the homes that were
approved for demolition.25
previously
greatness"
We respectfully submit that Collet never achieved "generally recognized for the design
of buildings. Collet was not a designer of buildings, he did not design the home at 11 Dolma Road
and therefore, he cannot be considered a master of building designfor the architectüre at 11 Dolma
Road under Criterion 3.
The main residence does not warrant preservation on the grounds that the subsequent alterations
were the work of masters.
As previously noted in the Applicant's June 2,2020 CHP submission, substantial alterations were
done to the home on all four elevations of the house since Gregory initially designed it. The
significant alterations are as follows:
o 1941: removal of a gabled wall dormer that was centered over a single-width
window below and replaced by a much larger, hip-roofed dormer that is
twice the size of the original, thereby altering the previous balance, and the
addition of another single width dormer that is placed further north.on the
west elevation of the north-south designed Simon B. Zelnik;26
wing, by
o 1946: addition of a three-sided, one-story window bay on the south
elevation of the east-west designed Wilson;=7
wing, by Stanley
o 1995: campaign ofsubstantial alterations forJane and Daniel Och:
• Major alteration to kitchen volume that changed the 1927-28 end
volume from one story to two and added a large chimney to the end
of the volume, designed by Kaehler/Moore architects of Greenwich,
Connecticut.28
• Major addition to the east elevation of the a large
house, creating
terrace that covers much of this elevation, a large sunroom addition
on the main floor level, relocation and resizing of all the window
=' PS&S Supp'l Report page 7.
•2 PS&S Supp'l Report page 7·
as PS&S Supp'l Report pages 7-8.
•4 Based on a review of Scarsdale Department records, the CHP has
preliminary Building previously
approved demolitions for the fahyd:g homes built by Collet Construction: 4 Br00kliñc Road; 12
Carstensen Road; 11 Carstensen Road; to Autenrieth Road; 31 Murray HillRoad; and 11 Pine Crest Road.
as PS&S Supp'l Report pages 7-8.
26 See Exhibit F: Villageof Sandde Department recürds for 1941 alterations Simon B. Zelnik.
Building by
27 SeeExhibit G: Villageof Scarsdale Department records for1946 alterations Wilson.
Building by Stanley
28 See Exhibit H: Village ofScarsdale Department records for and subseqücnt alterations
Buildin;; ~1995
by Kaehler/Moore architects.
WESTCHESTER I NEW YORK CITY I HUDSONVALLEY I CONNECTICUT
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openings on the northern portion of the east elevation on the first
floor, removal of a historic door hood and relocation of a door on
this elevation, designed by Kaehler/Moore architects of Greenwich,
Connecticut.29
• Addition and alteration of the 1927-28 entrance volume, including
removal and replacement of historic window and doors, designed
Street Studio.so
by Leroy
• Extensive replacement the of window
throughout building historic
sash and doors and unsympathetic refinishing of historic exterior
designer unknown.31
stucco,
While the alterations significantly and adversely impacted the integrity of the original design,
research from Dr. Cooperman demonstrates thatnone of the designers can be construed as figures
of recognized greatness in alterations of parts of buildings.ss none of
pre-existing Therefore, these
subsequent alterations could be considered the work of a master.
Criterion 4: That the building ernbodies the distinctive characteristics of a type,
period or rnethod of construction that possess high artistic values
The residence at n Dolma Road does not express aesthetic idealamore fully than other properties
of itstype.
The house does not embody the distinct characteristics of a type, period or method of construction
that possess high artistic value. The residence is not a noteworthy example of Large French
Norman"
Norman Farmhouse or "French Architecture. While the home at 11 Dolma possesses
elements of the time period, including itsconical roof stair tower, the external masonry materials
and configuration, these details correspond to a variety of styles.as In order to rise to the
chimney
level ofpreservation under this criterion, itmust express aestheticideals or design concepts "more
than other properties of its type."34 As Dr. Cooperman's report while the home
fully details,
reflects the styles of itsperiod of construction and incorporates fashionable details ofthe period,
itdoes not do so more than other Scarsdale homes with similar details.ss
fully
The Dolkart Assessrsent simply identifies elements of the home that relate to the French Norman
farmhouse style. There is nothing in the assertions made in the Dolkart Assessment that
demonstrates this home expresses "aesthetic ideals or design concepts more fully than other
type."
properties of its Dolkart's conclusory statement that the home is an "exemplary example
29 SeeExhibit H: Village ofScarsdale Department records for ~1995 and subsequent alteraticñs
Building
by Kaehler/Moore architects.
30 See Exhibit I:Village ofScarsdale Department records for ~1996 and subsequent alterations
L22s5
by Leroy StreetStudio.
31 SeeExhibit H Village ofScarsdale Department records for and süliseqúent elter=+½na
"üilding ~1995
by Kaehler/Moore architects.
32 PS&S Supp'l Report page 4.
33 PS&S Supp'I Report, page 8.
34 U.S.Dep't of the Interior,National Park Service: Naticñal Register Bulletin: How to the National
Apply
Register Criteria forEvalsa'iGn, page 20 (included as Exhibit I ofJune 2,2020 CHP Application).
as PS&S Supp'l Report, page 9.
WESTCHESTER I NEWYORK CITY I HUDSON VALLEY I CONNECTICUT
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[sic]"
of this type of architecture merely cites to a 1928 New York Times Commission
Annoüñciment on the home, which given its placement in the newspaper and tone, likely arose
from a press release.36 This article isincluded in Exhibit E for your reference. the article
Indeed,
appeared in the back pages of the Real Estate Section and was published conveniently near the
time of the completion of construction of the home.ar Notably, this articlebeings with the cost of
the project and describing the property as "one of the last sites available in this section of
Westchester" clientele.as
indicating itispromotional and targeting wealthy While Dolkart claims
unusual,"
the home is "quite he provides no details to support this claim.
In studying Gregory's works, Dr. Cooperman notes that his designs of 53 Old Orchard Road, 19
Cotswold Way, 4730 Fieldston Road and 125 Stratton Road, are residences that more fully express
the ideals of the French Norman architecture.39 In fact, Dr. Cooperman agrees with the CHP's
2017 determination that Gregory's honte at 53 Old Orchard expresses aesthetic ideals and high
artistic values. The design of 53 Old Orchard incindes "exemplary dynamic, picturesque
composition"
in large and small details such as the roof skirt kick and a prominent projecting
gable over the entrance.40 Dr. Cooperman notes that Old Orchard house is an exceptional example
of dynamic, picturesque massing with extraordinary details like dormer cheek walls and
half-timbered gable over the enh·ance and beautiful material treatments.42
projecting,
The residence at 11 Dolma is relatively flat,has volumetric organization and an odd design in that
the service is on the street itin compositional importance.42 The home has
wing front, elevating
a simple, L-plan organization with flat surfaces and a slab-sided aesthetic that incorporates an
proportioned stair tower.43 Gregory's pedestrian treatment of materials at 11 Dolma
awlovardly
Road in no rises to a level of aesthetic ideals more than other designs of this type.44
way fully
Further, Gregory's design of 19 Cotswold Way has an oblique angle of the service wing which
recedes from the fanade.45 At 11 Dolma, Gregory's design was a far departure from
street-facing
this design of creating emphasis on the main portion of the building. The service wing at11 Dolma
spans the north-south of the street fanade.46
wing facing (front)
In contrast to Gregory's other architectural designs that incorporate a picturesque sense of
movement and there is remarkable about 11 Dolma Road.47 The home does
liveliness, nothing
not express any ideals more fully than other properties of itstype and therefore, does not warrant
preservation under Criterion 4.
36 PS&S Supp') page 10.
Report,
Preview
FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 06/11/2021 Exhibit 2g FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 06/11/2021 445 HamlftonAvenue.14th Floor White Plains. New York 10601 CUDDY -,si soo F 914 761 5372 cuddyfeder.com LLP Lawrence Otis Graham . larahamecuddyfeder.com August 21, 2020 By Hand Delivery Chairman Adam Lindenbaum and Meinbers of theCommittee for Historio Preservation Village of Scarsdale -- Village Hall tool Post Road Scarsdale, New York 10583 Re: Sarah Binetter, as agent for Onedol Rock Holdings LP Supplemental Submission- CHP Certificate of Appropriateness Application Premises; 11 Dolma Road, Scarsdale, New York Section 18; Block o1; Lot 13E Dear Chairman Lindenbaum and Members of the Committee for Historic Preservation: This letter and enclosed materials are respectfully submitted on behalf.of Sarah Binetter, as agent for Onedol Rock Holdings LP (the "Applicant"), in furtherance of the above-referenced Application related to the demolition of the structures at the captioned Premises. The initial submission included a 29-page letter dated June 2, 2020 and was accompanied by ten exhibits. The focal point of this submission is a response to a June 26, 2020 preservation assessment on n Dohna Road prepared by Professor Andrew Scott Dolkart (hereinafter referred to as the''Dolkart that was raised and discussed members of the CommiMaa for Historic Assessment") by Preservation at the June 30th (the and not received the Applicant ("CHP") hearing "Hearing") by until July 8, 2020. This submission also addresses questions raised at the Hearing by Corrsñiüêê members on the Application. As this Committee is aware, the Premises are improved with a main residence, pool and pool house. The main house was constructed in approximately 1928 by architect Julius Gregory ("Gregory") and has since been substantially altered by three different architects, beginning in 1941, then in 1946, and then in a significant campaign beginning in approximately 1995 and ending in the early 2000s. The. pool and 1-story stucco pool house were constructed in approximately 2001. The record thus far,coupled with the supplemental materials provided herein, demonstrates that there isno substantial evidence to support a denial of the Application for demolition of the main residence, pool and pool house. The Dolkart Assessment does not find that the pool or pool house meet any of the criteria and there was no discussion of either structure at the Hearing. Since both structures are of modern construction and designed by an unhe=m architect, it respectfully submitted that neither meet the criteria for preservation. Indeed, a denial of this COA application would substantially impair our client'sconstitutionally protected property rights. Accordingly, it is respectfully submitted that the CHP approve the requested Application for complete demolition. WESTcHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT 4553366.vi 11 Dolma Rd -é204 FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 06/11/2021 Page 2 CUDDY ^"5""t"2 "°²° +FEDER LLP Our well qüâlified expert, Dr. Emily T. Cooperman, holds an M,S. in Historic Preservation and a Ph.D. in the history ofArt and Architecture, an education that combined training in professional historic preservation practice with the study of American and European architectural and landscape history. Dr. Cooperman has been in professional practice for nearly So years, and serves as the Senior Architectural Historian for Paulus, Sokolowski and Sartor, LLC ("PS&S"). She is the former principal of ARCH Preservation Consulting and former direct0s for Historic Preservation for the Cultural Resource Consulting Group. She also served as Director of Research for the Architectural Archives of the University of Pennsylvania, authoring biographies for multiple twentieth-century designers with local, national and international careers. Her project work has included National Historic Landmark nominations for works by Frank Lloyd Wright, Eero Saarinen, and Iouis I.Kahn, as well as studies of landscapes and buildings that range indate from the late seventeenth through the mid-twentieth centuries. Her books includeWilliamBirch: Picturing the American Scene and editor of The Country Seats of the United States, both published by the University of Pennsylvania Press. As Dr. Cooperman's prior report and en cad supplemental report demonstrate, the main residence does not meet any of the criteria of Historic Preservation Law Section 182-5. Specifically, the evidence relied upon by Dolkart and the CHP do not meet the substantial evidence standard required to find that the house isthe work of a master or embodies distinctive characteristics of a type, period or method of construction that possesses high artistic values. Accordingly, we respectfully request that the CHP issue a COA for the requested demolition of all structures on the Premises. CRTTERIA, FOR DETERMININaHISTORICAL IMPORTANCE The CHP's deliberation at the Hearing, and the Dolkart Assessment, centered almost exclusively on the third and fourth criterion for a Historical Importance determination provided for in the Village of Scarsdale Code Section 182-5: Criterion 3: That the building isthe work of a master; or Criterion 4: That the building embodies the distinctive characteristics of a type, period or method of construction that possess high artistic values; Criterion 3: Thatthe buildingis theworkofamaster The main residence does not warrant preservatiûñ on the ground that itis the work of a master, because Julius Gregory was not a master of this type of residêñce. The available evidence demonstrates that Gregory does not meet the Village definiden, which is verbatim, the same as the National Register Bulletin guidance to be a Master. Both the Village Code and the National Register Bulletin define Master, in relevañt part, as: "A figure of generally recognized greatness in a a known craftsman of ccasummate skill . . ."1As field, previously 1Village of Scarsdale Code Section 182-2. WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT 4553366.v1 11 Dolma Rd - 0205 FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 06/11/2021 Page 3 ^"8"'t"¹ ª°²° CUDDY +FEDER LLP submitted, in order for a residence to be preserved under this category, two elements must be met: 1. The building that is the work of a master must "rise above the level of worlananship of the other properties.of the same period"; and 2. It must also embody the "distinctive characteristic of a type, period or method of construction that possess high artisticvalues "a The residence at 11 Dolma Road cannot be preserved merely because the CHP generally believes that Gregory was a master. Aside from holding such a status, which we submit is not the case, the building in question must represent the qualities of work that the architectwas recognized as great for. As Dr. Cooperman's attached supplemental report and previously submitted May 15, 2020 report discuss in detail, Gregory was known for designing small residenes in popular styles, such as the cottage design, in the 1910s and 1920s.3 His lack of respected architectural skill isevidenced by his failure to be elected by his peers as a fellow of the AIA and the lack of attention to his work since his death.4 In support of his assertion that Gregory is a master, the Dolkart Assessment citeshis co-authored architect" 2012 Reconnaissance Survey which identifies Gregory as a "talented and identifies him as a specialist in revival styles. Aside from this conclusory statement, there isno specificity in the Reconnaissance Survey or the Dolkart Assessment that distinguishes Gregory in detail from any other recognized, capable architect and certainly nothing that elevates his status to one of generally recognized greatness. The Dolkart Assessment cites Gregory's obituary in the New York Herald-Tribune which described him as a designer in churches and houses that were reproduced in national magazines and described him as an architect whose work showed an "adaptation of traditional styles to new treatments." materials and We note that nothing asserted in the obituary elevates Gregory's talent to a level above his peers, which is required to meet Criterion 3. Many architects during this period designed churches as well as homes.5 Indeed, not architect that designed both a every church and single-family residences is a master. Dolkart also cites to Gregory's New York Times obituary and his report claims that Gregory won 1953." "several gold medals from the AIA before retiring in This is a false statemêñt, as Dr. Cooperman's independent research shows; and further, the text of the New York Times obituary (enclosed as Exhibit makes no mention of gold medals.6 the D) Gregory winning Instead, "awards" obituary makes the vague assertion that he won from professional societies. Dr. . Dep't ofthe Interior, National Park Service:National Register Bulletin: How to Apply the Naticaâl Register Criteria forEvaluation, page 20 (included as Exhibit I ofJune 2, 2020 CHP Application). a Supplemental Report prepared Dr. M.S., Ph. D, Senior Architectural Historian at by Emily Cooperman, of Paulus, Sckelewski and Sartor, LLC, dated August 20,2020, page 3 (hereinafter referred toas "PS&S Supp'1 Report"). 4 PS&S Supp'l Report page 4. s PS&S Supp'l Report page 4. 6 PS&S Supp'I Report page 5· WESTCHESTER I NEWYORKCITY I HUDSONVALLEY I CONNECTICUT 4553366.vi 11 Dolma Rd - 0206 FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 06/11/2021 Page 4 CUDDY ^"5"St2¹²°²° +FEDER LLP Cooperman's additional research uncovered that received two honorable mentions.7 One Gregory honorable mention was received for his design of the Methodist Episcopal Church of Long Island by the Christian Herald Bureau of Church Planning, which was not a professional architectural orgasanon.8 This honorable mention was one of to honorable mentions given the Christian by Herald Bureau of Church for the entries.9 Second, the Brooklyn Times Union reported Planning that he was given honorable mention at the 45th annual evhihinon of Architectural League of NY, but his work related to this honorable mention was not described in detail.to Itis respectfully submitted that these honorable mentions are consistent with the assessment that Gregory was a competent and successful architect, however two honorable mentions over the course of a career do not evidence greatness. Even ifGregory was considered a master, which we submit he was not, the main residence does not express a phase in his career or an aspect ofhis work for which he was recognized. The large "specialty" residence at 11 Dolma Road does not represent Gregory's of the small, picturesque which isevidenced his own home at Church Lane in Scarsdale.22 In the cottags, by 3 fact, during Hearing, Dr. Cooperman's presentation, attached hereto as Exhibit B, included numerous photos of Gregory's other works, characterized by the compact and picturesque cottage-design, including 3 Church Lane. As previously submitted, the manor-like residence at 11 Dolma does not "express a particular phase in the development of the master's career, an aspect of his . . .work, or a craft" for.22 particular idea in his . . . because itis not the type of design he was recognized Although Gregory was not known for his work of larger homes, he did design a handful of larger homes, such as the residence at Old Orchard Road.'s Dr. Cooperman's research and 53 professional opinion indicates that there are several other large homes Gregory designed which are more notable and possess higher artisticvalue than the home at 11 Dolma Road, as discussed in further detail in Criterion 4 below.24 During the Hearing, assertions were ma de that other French Norman Farmhouse style homes in various municipalities designed by Gregory received historical designations. Since the Hearing, Dr. Cooperman conducted extensive research on other homes designed by Gregory in the surrounding area and we found no evidence that there are any individually-designated properties that were designated designed Gregory, homes in Greenburgh and New Rochelle.xa by including While Gregory was one of a small group of architects who were approved by the Fieldston Property Owners Association for the construction of new homes within the Fieldston Historic District designated by the NYC Landmarks Preservation Committee, none of the buildings he designed in this district are described as masterworks.16 the of these homes were of the Further, majority 7 PS&S Supp'l Report page 5. 8 PS&S Supp'l Report page 5. 9 PS&S Supp'I Report page 5. 20 PS&S Supp'l Report page 5. •¹ PS&S Supp'l page 4. See alsophotos of Church Lane in Exhibit B. Report, 3 52 PS&S Supp'l page 4. Report, as PS&S Supp'I Report, page 6. 54 PS&S Supp'l Report, pages 6 & 9. 15PS&S Supp'I Report, page 6. 56PS&S Supp'l page 6. Report, WESTCHESTER 1 NEWYORK CITY I HUDSONVALLEY I CONNECTICUT 4553366.vi 11 Dolma Rd - 0207 FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 06/11/2021 Page 5 CUDDY ^"8""t"2·ª°ª° +FEDER LLP smaller cottage-style design style, a sharp contrast to the manor-like expansive residence at 11 Dolma Road. the Hearing, the Committee members cited a 2017 case 53 Old Orchard Road,27 During regarding in which the CHP found that Gregory was a master. We note a significant flaw with citing this precedent because the criterion for preservation under Section 182-5 of the Village Code has been amended since 2017 and therefore the conclusion that Gregory was a inaster is not binding precedent in this case and does not require a finding of preservation. In 2017, the text of Section 182-5 consolidated what is now Criterion 3 and 4 into one Criterion (former Criterion 31 Therefore, to satisfy Criterion 3 in 2017, the CHP needed tofind b__oth thata horne was the work of a master ap_d that itembodied distinctive characteristics that possess high artistic values. The amended 2020 text of Section 182-5 has bifurcated these two elements, so that Criterion 3 requires a finding that the home is the work of a master, and separately, Criterion 4 requires that the home embody distinctive characteristics that possess high artisticvalues. To summarize, in 2017, the CHP did not have to decide exclusively that Gregory was a master to find the home at 53 Old Orchard met the criteriafor preservation. As previously discussed herein, the available evidence failsto support a finding that Gregory was a master ofthe large French Norman Farmhouse style. The CHP's 53 Old Orchard decision cites his work in the Fieldston Historic District and churches.28 While these are cominesdable designs, the home at 11 Dolma Road is a completely different architectural design from the majority of homes in the Fieldston Historic District and itis not a church. Gregory was not found to be a master of the large French Norman Farmhouse style, particularly because the home at 53 Old Orchard Road isbetter described as the small cottage style for which he was known. The CHP's prior decision in 53 Old Orchard is not binding precedent because, among other reasons, it contemplated preservation under different Criterion and for a home that was .ofa different architectural style forwhich Gregory was well-known. There is no evidence supporting a finding that Gregory's architectural skillwas a generally recognized greatness that elevates him to a level above his peers, especially in his design of large manor-like homes. Indeed, such a finding would not be supported by any evidence, let alone the substantid evidence required to preserve the home at 11 Dolma Road. The main residence does not warrant preservation on the grounds that Walter Js Collet was a master. The main residence was constructed by Collet Construction Company in 1927-1928. Walter J. Collet, a principal of Collet Construction, was a developer and builder in Scarsdale. Collet worked as a civilengineer for steel and iron companies prior to his career as a developer.29 Collet mainly was successful in capturing the market of wealthy and elitehomebuyers in Scarsdale through his numerous advertisements in real estate sections of newspapers and his own promotional brochure.:o We that Collet was not a desigñer of buildings and Dr. Cooperman note, however, 17January 17, 2017 CHP decision for53 Old Orchard Road, included in Exhibit C (hereinafter referred to as "53 Old Orchard decision"). 18 SeeExhibit C- Old Orchard page 2. 53 decision, 19 PS&S Supp'l Report pages 6-7. 20 PS&S Supp'l Report pages 6-7. WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT 4553366.vi 11 Dolma Rd - 0208 FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 06/11/2021 Page 6 CU DDY 8"St"2'"°°° +FEDER LLP was not able to find any documentation about Collet's development efforts that was not strictly promotional in nature.25 there is no evidence Collet has for his profession Further, any training as a builder and developer.22 There is not even a published for Collet.as obituary Further, as evidenced in Exhibit J, this Committee is bound by its prior precedents where numerous Collet homes have been approved for dêm0lition.=4 There isno evidence available that sets Collet's involvement in the design of 11 Dolma Road apart from the homes that were approved for demolition.25 previously greatness" We respectfully submit that Collet never achieved "generally recognized for the design of buildings. Collet was not a designer of buildings, he did not design the home at 11 Dolma Road and therefore, he cannot be considered a master of building designfor the architectüre at 11 Dolma Road under Criterion 3. The main residence does not warrant preservation on the grounds that the subsequent alterations were the work of masters. As previously noted in the Applicant's June 2,2020 CHP submission, substantial alterations were done to the home on all four elevations of the house since Gregory initially designed it. The significant alterations are as follows: o 1941: removal of a gabled wall dormer that was centered over a single-width window below and replaced by a much larger, hip-roofed dormer that is twice the size of the original, thereby altering the previous balance, and the addition of another single width dormer that is placed further north.on the west elevation of the north-south designed Simon B. Zelnik;26 wing, by o 1946: addition of a three-sided, one-story window bay on the south elevation of the east-west designed Wilson;=7 wing, by Stanley o 1995: campaign ofsubstantial alterations forJane and Daniel Och: • Major alteration to kitchen volume that changed the 1927-28 end volume from one story to two and added a large chimney to the end of the volume, designed by Kaehler/Moore architects of Greenwich, Connecticut.28 • Major addition to the east elevation of the a large house, creating terrace that covers much of this elevation, a large sunroom addition on the main floor level, relocation and resizing of all the window =' PS&S Supp'l Report page 7. •2 PS&S Supp'l Report page 7· as PS&S Supp'l Report pages 7-8. •4 Based on a review of Scarsdale Department records, the CHP has preliminary Building previously approved demolitions for the fahyd:g homes built by Collet Construction: 4 Br00kliñc Road; 12 Carstensen Road; 11 Carstensen Road; to Autenrieth Road; 31 Murray HillRoad; and 11 Pine Crest Road. as PS&S Supp'l Report pages 7-8. 26 See Exhibit F: Villageof Sandde Department recürds for 1941 alterations Simon B. Zelnik. Building by 27 SeeExhibit G: Villageof Scarsdale Department records for1946 alterations Wilson. Building by Stanley 28 See Exhibit H: Village ofScarsdale Department records for and subseqücnt alterations Buildin;; ~1995 by Kaehler/Moore architects. WESTCHESTER I NEW YORK CITY I HUDSONVALLEY I CONNECTICUT 4553366.v1 11 Dolma Rd -0209 FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 06/11/2021 Page 7 CUDDY ^"5"St²¹·ª°ª° +FEDER LLP openings on the northern portion of the east elevation on the first floor, removal of a historic door hood and relocation of a door on this elevation, designed by Kaehler/Moore architects of Greenwich, Connecticut.29 • Addition and alteration of the 1927-28 entrance volume, including removal and replacement of historic window and doors, designed Street Studio.so by Leroy • Extensive replacement the of window throughout building historic sash and doors and unsympathetic refinishing of historic exterior designer unknown.31 stucco, While the alterations significantly and adversely impacted the integrity of the original design, research from Dr. Cooperman demonstrates thatnone of the designers can be construed as figures of recognized greatness in alterations of parts of buildings.ss none of pre-existing Therefore, these subsequent alterations could be considered the work of a master. Criterion 4: That the building ernbodies the distinctive characteristics of a type, period or rnethod of construction that possess high artistic values The residence at n Dolma Road does not express aesthetic idealamore fully than other properties of itstype. The house does not embody the distinct characteristics of a type, period or method of construction that possess high artistic value. The residence is not a noteworthy example of Large French Norman" Norman Farmhouse or "French Architecture. While the home at 11 Dolma possesses elements of the time period, including itsconical roof stair tower, the external masonry materials and configuration, these details correspond to a variety of styles.as In order to rise to the chimney level ofpreservation under this criterion, itmust express aestheticideals or design concepts "more than other properties of its type."34 As Dr. Cooperman's report while the home fully details, reflects the styles of itsperiod of construction and incorporates fashionable details ofthe period, itdoes not do so more than other Scarsdale homes with similar details.ss fully The Dolkart Assessrsent simply identifies elements of the home that relate to the French Norman farmhouse style. There is nothing in the assertions made in the Dolkart Assessment that demonstrates this home expresses "aesthetic ideals or design concepts more fully than other type." properties of its Dolkart's conclusory statement that the home is an "exemplary example 29 SeeExhibit H: Village ofScarsdale Department records for ~1995 and subsequent alteraticñs Building by Kaehler/Moore architects. 30 See Exhibit I:Village ofScarsdale Department records for ~1996 and subsequent alterations L22s5 by Leroy StreetStudio. 31 SeeExhibit H Village ofScarsdale Department records for and süliseqúent elter=+½na "üilding ~1995 by Kaehler/Moore architects. 32 PS&S Supp'l Report page 4. 33 PS&S Supp'I Report, page 8. 34 U.S.Dep't of the Interior,National Park Service: Naticñal Register Bulletin: How to the National Apply Register Criteria forEvalsa'iGn, page 20 (included as Exhibit I ofJune 2,2020 CHP Application). as PS&S Supp'l Report, page 9. WESTCHESTER I NEWYORK CITY I HUDSON VALLEY I CONNECTICUT 4553366.v1 11 Dolma Rd - 0210 FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 06/11/2021 Page 8 CUDDY ^"8"St°¹ª°2° +FEDER LLP [sic]" of this type of architecture merely cites to a 1928 New York Times Commission Annoüñciment on the home, which given its placement in the newspaper and tone, likely arose from a press release.36 This article isincluded in Exhibit E for your reference. the article Indeed, appeared in the back pages of the Real Estate Section and was published conveniently near the time of the completion of construction of the home.ar Notably, this articlebeings with the cost of the project and describing the property as "one of the last sites available in this section of Westchester" clientele.as indicating itispromotional and targeting wealthy While Dolkart claims unusual," the home is "quite he provides no details to support this claim. In studying Gregory's works, Dr. Cooperman notes that his designs of 53 Old Orchard Road, 19 Cotswold Way, 4730 Fieldston Road and 125 Stratton Road, are residences that more fully express the ideals of the French Norman architecture.39 In fact, Dr. Cooperman agrees with the CHP's 2017 determination that Gregory's honte at 53 Old Orchard expresses aesthetic ideals and high artistic values. The design of 53 Old Orchard incindes "exemplary dynamic, picturesque composition" in large and small details such as the roof skirt kick and a prominent projecting gable over the entrance.40 Dr. Cooperman notes that Old Orchard house is an exceptional example of dynamic, picturesque massing with extraordinary details like dormer cheek walls and half-timbered gable over the enh·ance and beautiful material treatments.42 projecting, The residence at 11 Dolma is relatively flat,has volumetric organization and an odd design in that the service is on the street itin compositional importance.42 The home has wing front, elevating a simple, L-plan organization with flat surfaces and a slab-sided aesthetic that incorporates an proportioned stair tower.43 Gregory's pedestrian treatment of materials at 11 Dolma awlovardly Road in no rises to a level of aesthetic ideals more than other designs of this type.44 way fully Further, Gregory's design of 19 Cotswold Way has an oblique angle of the service wing which recedes from the fanade.45 At 11 Dolma, Gregory's design was a far departure from street-facing this design of creating emphasis on the main portion of the building. The service wing at11 Dolma spans the north-south of the street fanade.46 wing facing (front) In contrast to Gregory's other architectural designs that incorporate a picturesque sense of movement and there is remarkable about 11 Dolma Road.47 The home does liveliness, nothing not express any ideals more fully than other properties of itstype and therefore, does not warrant preservation under Criterion 4. 36 PS&S Supp') page 10. Report,