Preview
FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 06/11/2021
Exhibit 7
FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 06/11/2021
Village Board of Trustees Meeting 03/09/2021 88
of the Scarsdale Village entitled Noise to amend Sections 205-
Code,
1.G, 205-2.B, and 205-2.D, pertaining to gas-powered blowers, and
that members of the public wishing to present comments may do so
online during the public comment phase of the hearing by accessing
the at https:/ /zoom.us /j/93183703358, or by calling-in
meeting
1-929-436-2866 and entering the Meeting ID, 931 8370 3358;
using
and be it further
RESOLVED, that an electronic copy of the locallaw isavailable for public
review on the Village website atwww.scarsdale.com: and be it
further
RESOLVED, that the Village Clerk ishereby di-ected to publish notice of said
hearing pursuant to Village Law.
AYES NAYS ABSENT
Trustee Arest None None
Trustee Crandall
Trustee Lewis
Trustee Ross
Trustee Waldman
Trustee Whitestone
Mayor Samwick
********
Trustee Ross
Trustee Ross stated that the next resolution relates to an application made in May of
lastyear for a Certificate of Appropriateness. He stated that in October lastyear, the
Commhee on Historic Preservation denied the application and the property owner
submitted an appeal to this Board. The Board of Trustees, sittingas an Appeals Board, held
a special meeting on February 4, 2021. This evening, the Board of Trustees willbe voting on
the Adoption of Findings from that meeing. Trustee Ross then summarized the Findings
(following this resolution).
Upon motion entered by Trustee Ross, and seconded by Trustee Ixwis, the fellowing
resolution regarding Findings of the Village of Scarsdale Board of Trustees in Connecdon with
the Appeal Application for 11 Dolma Road was approved by the vote indicated below:
WHEREAS, pursuant to Chapter 182 of the Village Code, the Committee on
Historic Preservation ("CHP") by decision dated October 5, 2020,
denied an application seeking approval of a certificate of
appropriateness to demolish the house at 11 Dolma Road; and
WHEREAS, pursuant to Village Code Section 182-11, the CHP's said de. la -1 was
appealed to the Board of Trustees; and
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WHEREAS, on February 4, 2021, the.Board of Trustees held a special meedag
at which time itheard said appeal; and now therefore be it
RESOLVED, that the Board of Trustees hereby adopts the Findings which are
annexed hereto and incorporated herein, denying on appeal the
application for a certificateof appropriateness to demolish the house
at 11 Dolma Road.
AYES NAYS ABSENT
Trustee Arest None None
Trustee Crandall
Trustee Lewis
Trustee Ross
Trustee Waldman
Trustee Whitestone
Mayor Samwick
********
FINDINGS OF THE VILLAGE OF
SCARSDALE BOARD OF TRUSTEES
In connection with the Appeal
Application for
11 DOLMA ROAD, SCARSDALE, NEW
YORK
WHEREAS, the property known as 11 Dolma Road, Scarsdale, New York is an
Norman"
"English style single family house with a pool house and
pool. This single- home was designed the architect Julius
family by
Gregory, and built by Walter J. Collet in 19281; and
WHEREAS, by application dated May 27, 2020, Sarah Binetter, as agent for the
property owner Onedol Rock Holdings LP, (hereinafter the
"Applicant"), submitted an application to the Committee on Historic
Preservation (the approval to demolish the above-
"CHP") seeking
described house, pool house and pool /spa (the "Application"); and
WHEREAS, Chapter 182 of the Village Code of the Village of Scarsdale (the
Preservation"
"Village Code") entitled "Historic establishes the criteria
with which the CHP shall make a determination on whether to approve
or deny an application such as the subject Application as follows:
"In making a determination whether to grant an application for a
certificate or to deny such application and require that the building in
question be preserved, the Committee shall consider the level of
significance in American history, archkectiire, archeology, engineering
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Village Board of Trustees Meeting 03/09/2021 90
and culture present in the building, as well as the integrity of location,
design, setting, materials and workmanship, and
(1) That the building is associated with events that have made a
significant contribution to broad patterns of Village, regional,
state or national history; or
(2) That the building is associated with the lifeof a person or
persons of historical significance; or
(3) That the building isthe work of a
master; or
(4) That the building embodies the distinctive characteristics of a
type, period or method of construction that possess high artistic
value; or
(5) That the building has yielded or may be likely to yield
history."
information important in prehistory or
I 2001.
The pool house and pool were constructed approximately 2000 to
WHEREAS, the Application was initiallyheard by the CHP on June 30, 2020, and
was adjourned to September 29, 2020, for further written
submissicñs, factual research and to afford the CHP members the
opportunity to inspect the property which was vacant and gated, and
further heard on such later date; and
WHEREAS in a decision dated October 5, 2020, after applying the criteria found
in Village Code §l 82-5, the CHP found that the building isthe work of
"master"
a architect as that term is defined in § 182-2 of the Code, and
that itembodies the distinctive characteristics of a type, period or
method of construction that possesses high artistic value, whereupon
it denied the request for a Certificate of Appropriateñess requiring
the preservation of the building2; and
WHEREAS, Section § 182-11 of the Village Code provides that any applicant
aggrieved by a determination of the CHP may appeal to the Village
Board of Trustees (the "Village Board"). The Village Code also
provides that during the appeal, the Village Board shall not be bound
by the record adduced by the CHP; and
WHEREAS, by letter dated October 29, 2020, the Applicant appealed
the denial determination of the CHP to the Village Board;
and
WHEREAS, Village Board, the Applicant and the CHP agreed that the appeal
would be heard on February 4, 2021, and that the Village Board's
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decision on the appeal would be rendered on or before March 1,
2021; and
WHEREAS, On February 4, 2021, the Village Board held a de novo hearing to
determine whether the house meets the criteriaunder § 182-5 of the
Village Code requiring itspreservation; and
WHEREAS, during the appeal hearing, the Applicant was represented by
Lawrence Otis Graham, Esq., Andrew Schriever, Esq. and Kristen
Motel, Esq. of Cuddy & Feder LLP, White Plains, New York, and
the CHP was represented by James Staudt, Esq. and Patricia W.
Gurahian, Esq. of McCullough, Goldberger & Standt, LLP, White
Plains, New York; and
WHEREAS, the record of proceedings relating to the Application includes expert
reports prepared by Andrew Scott Dolkart, Professor of Historic
Preservation at the Columbia University Graduate School of
Architecture who was retained on behalf of the CHP, and who
participated in the Appeal on behalf of the CHP; and
WHEREAS, the record also includes expert reports by Emily T. Cooperman,
M.S., Ph.D, Senior Architectural Historian of the firm of Paulus,
Sokolowski and Sartor, LLC, retained by the Applicant, who also
participated in this appeal; and
WHEREAS, the Village Board is familiar with the facts of this matter, including
the denial having reviewed the record of the hearing held by the CHP
on this matter, the aforementioned expert reports, an amicus report
submitted by the granddaughter of Julius Gregory, correspondence
and documentation provided in connection with this appeal on
behalf of both the Applicant and the CHP, and visited the site;
NOW THEREFORE BE IT
RESOLVED, that in considering the 1e ve 1 of significance in American history,
architecture, archeology, engineering and culture present in the house,
as well as the integrity of location, design, setting materials and
workmanship, in addition to applying the criteria specified in
Village Code § 182-5, the Village Board agrees with many of the
conclusions of Professor Dolkart which combine to conclude that 11
Dolma Road isworthy of preservation, and makes the following findings
of fact:
A. 11 Dolma Road is a significant architectural structure and is an excellent
example of an English Norman style house. The house features a prominent
round tower with a polygoñal roof set at the intersection of the two wings,
irregular picturesque massing, a steep roof, shallow eaves, diaper patterned
brickwork, juxtaposition of brick and stone and other sophisticated features.
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Village Board of Trustees Meeting 03/09/2021 92
effect"
The manipulation of materials creates a "scenographic by giving the
illusion that the house has been weathering on the property for centuries.
B. Many of the homes on Dolma Road were built by Walter Collet, who was
responsible for the construction of many notable houses in the Village. The
2012 Survey describes Dolma Road as "a short streetlined with exclusive
houses on large lots,most erected between 1926 and 1929, primarily for
families."
wealthy businessmen and their The 2012 Survey further notes the
following: "Considering the size and scale of the houses along Dolma Road, it
isremarkable that they survive with such integrity. A few entrances have been
altered and additions have been sensitively made, but the street retains the
century."
ambiance of a prime suburban locale of the early twentieth
C. Contiguous with 11 Dolma Road is the property known as 100 Mamaroneck
Road. The public record for 11 Dolma Road and 100 Mamaroneck Road show
that the two parcels were marketed and sold as part of a single transaction.
When seen as combined, 11 Dolma Road and 100 Mamaroneck Road are
comprised of approximately five (5) acres in total.The main house is in
excess of 8,000 square feet, situated toward the front of the property with a
circular driveway and private gated entrance. The pool and pool house are
located on the eastern portion of the property and to the rear of the main
house. The combined property was recently featured as the cover photograph
in a New York Times Real Estate Section article entitled "Living in Scarsdale,
Air,"
N.Y.: A Pricey Suburb With an Old World which was published on
December 4, 2019 and remains highly visible online when searching for
"Scarsdale."
The caption of the photograph of 11 Dolma Road in the New
York Times article states:"Scarsdale, an affluent town in Westchester
County, has no shortage of large and stately homes, including those along
neighborhood."
Dolma Road in the Murray Hill
D. The level of significance of the architecture of the house at 11 Dolma Road is
discussed in Point 3 below. However, itis worth noting here that 11 Dolma
Road was developed by Walter Collet, a known builder in Scarsdale
famous for quality homes that have stood the testof time. Professor Dolkart
states that Collet is "one of the most active subdivision planners and builders
in Scarsdale and an individual who did a great deal to establish the character
of the village. Itis homeowners such as Lyon [the original owner of 11
Dolma Road], developers such as Collet, and the architects with whom they
today."
worked who created the character of Scarsdale that is so sought after
Professor Dolkart opines that the Dolma/Sherbrooke Development is,perhaps,
Collet's most notable contribution to the character of Scarsdale. Collet's
construction of 11 Dolma contributes to the integrity of the materials and
workmanship of the house.
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2 pool pool were excepted from the CHP's determination and
The housÛnd expressly
the Applicant was invited to reapply to the CHP for solely the demolition of the pool
house and pool. As such, they are not presently before the Village Board for
consideration.
Having enumerated itsabove findings of fact with respect to the general
considerations of significance of the house at 11 Dolma Road, the Village Board
hereby makes further findings of fact under the more specificcriteria enumerated in
Village Code § 182-5. Notably, satisfaction of only one of the fivesaid criteriawas
necessary for the CHP's denial of the subject application for a Certificate of
Appropriateness to demolish a potentially historic building. While the CHP's decision
of October 5, 2020, identified two of the five criteriaas support for its denial of such
Certificate, the Village Board finds in this appeal that three of these specific criteria
support the denial of the Appucadon to demolish the house at 11 Dolma Road as
followS:
1. Whether the buildingisassodated nà itheventsthat have made a signifcantma:±'m to
bmad patternsof Village,agional,stateor nationalhistory:
The Village Board agrees with Professor Dolkart that 11 Dolma Road "contributes to
the most important issue in the history and development of Scarsdale, the major
suburbanization of the village which largelyoccurred in the second and third decades
century."
of the twentieth 11 Dolma Road: Final Comments, Andrew S, Dolkgrt,
January 2021. Professor Dolkart goes on to explain that "[t]here would be no Village of
Scarsdale, as we know it,without thisimportant development brought about by
America"
changing cultural and economic conditions in urban which he enumerates as
follows: the expansion and modemi2ation of commuter raillines as brought about
(i)
by the electrification of the Harlem Line in 1913, (ii)the development of parkways
and the increasing popularity of the automobile for both leisureand commuting as
evidenced in the opening of the Bronx River parkway in 1922, (iii)the decline in the
availabilityof single family homes in New York City resulting in a migration to the
suburbs by those who did not wish to live in apartment houses; and (iv)the general
"country"
appeals of lifefor affluent households. Id. at p. 6. The Village Board agrees
that the house at 11 Dolma Road isan excellent example of a house from the peak
years of this era of suburbanization, and itsbuilder Walter Collet was an important
figure in this history of development as well. The house at 11 Dolma Road clearly
satisfiesthis criterion.
2. That the building is associated with the hfe of a person or persons of
historical sigmficance.
The Village Board embraces Professor Dolkart's learned opinion that Julius Gregory
was a master architect (see Point 3, below) and acknowledges that he was a resident of
Scarsdale, and also recognizes that Walter Collet was an important builder and
developer. However, despite a spirited debate, the Village Board d o e s not agree
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significance."
that either Mr. Gregory or Mr. Collet was a person of "historical
Accordingly, the Village Board does not find that the house at I1 Dolma Road is
associated with the lifeof a person or persons of historical significance.
3. That the building is the work of
a master.
"Master"
The Village Code defines in pertinent part as "[a] figure of generally
skill..."
recognized greatness in a field, a known craftsman of consummate Village
Code § 182-2. Based upon information contained in the record and the testimony of
Professor Dolkart before the CHP and on this appeal, the Village Board fmds that
"Master"
Julius Gregory was, in fact,a architect. The Village Board believes the
record before itindeed establishes Mr. Gregory's bonafides as a Master.
Professor Dolkart's 2020 report notes of JuliusGregory's statusas a
Master as follows: Gregory developed a successful career with a
specialization inthe design of freestanding, suburban houses in
revival styles. Gregory evinced a talentfor the creative design of
houses in a wide variety of styles,favoring, in particularthe Tudor
Revival, the English Cottage, the French Norman, and the American
Colonial styles.Gregory's talent for designing in differentstyles, in
different materials, and on differenttypes of sitesis made evident in a
photo spread of three houses published in the New York Herald
Tribune in 1930. The caption notes that "The three houses which we
are showing this week are by Julius Gregory. They represent three
different types of the work of thisarchitect.One is ofclapboards and
shingles; one of fieldstone, and one of stucco and stone. . . .
Although entirely different in character,there is a certainsimilarityin
design.
Not only does itnote that his houses were widely
published, but itemphasizes that they were not
simply banal copies of historic architecture, but
were adaptations that combined a deep appreciation of
traditional design with more contemporary issues in the
use of materials and in the treatment of architectural
forms.
Gregory had an extraordinarily diverse practice,
designing suburban homes at alldifferent scales, from
small houses for middle-class families, to the large upper
middle-class houses of Scarsdale, to estates. Itis wrong
to categorize his significance as solely a designer of small
houses. Gregory excelled at the design of houses at every
scale. Gregory's talents were recognized during his
lifetime, notably in his appointed as an architectural
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consultant to two prestigious and popular design
journals, House and Garden and House Beautiful. He also
designed model homes sponsored by these two
journals and for Country Ufe as well. His buildings
were recognized with several awards, most
notably an American Institute of Architects award in
1930 "for the distinguished qualities in design and charm
work."
of his residential
*
The Lyon Residence isunquestionably the work of a
master. Julius Gregory was among the finest architects
specializing in suburban home design in the New York
area in the post-World War I period. He designed houses
of a very high quality at varying scales and in a variety of
popular styles. Gregory was well-regarded during his
lifetime, as is evident in his writings, publications, and,
most significantly in the role that he played in advising
several of the most prestigious house design magazines
in America. The fact that there has not been
extensive writing about Gregory in recent decades isnot
a reflection on histalents, but an indication that
American architectural historians have largely ignored
the traditional architecture of the early decades of the
twentieth century, the architecture that created the
character of Scarsdale and so many other suburban
communities across the United States. There isno book
about this aspect of American design. This isa serious
gap in the literature on American architectural history. I
have been undertaking research on thisphase of
American design, notably in the New York area, and can
state that without question, Julius Gregory was a leader
(aka a master) of this movement.
Notably, the amicus report submitted to the CHP by Julius Gregory's
granddaughter Ann Gregary Cefola provides a unique perspective on the
architect's background, in particular his upbringing, life history, work history and
recogñition. Ms. Cefola citesvarious publications that featured Mr. Gregory's work
and listshis accolades. Most notably, Mr. Gregory designed 42 homes in
Riverdale's Fieldston District that was created by Frederick Law Olmsted and
conferred with landmark status by the New York City Landmarks Preservation
Commission. Within Scarsdale and surrounding villages, Mr. Gregory designed The
Bannerman House (2 Elmdorf Drive), 35 Popham Road/1 Chase Road, 50 Brewster
Road, 3 Church Lane, 53 Old Orchard Lane, as well as The Wilputte House in New
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Rochelle, among others listed in the written materials. Ms. Cefola points out Julius
Gregory's many recognitions in the following publications: Architecture (1918),
House and Garden's Book of Houses (1919), The American House (1922), American
Country Houses of Today (1922), Interior Architecture: The Design of Modern
American Homes (1927) and regularly in The American Architect and Building News,
The American Home, Architectural Forum, The Architectural Record, The
Architectural Review, Arts and Decoration, Country Life and The New York Times.
Ms. Cefola's submission also mentions that Mr. Gregory shared his expertise in
popular magazines such as House and Garden, Better Homes and Gardens, and Good
Housekeeping. Her submission also references more madêrñ publications such as The
Guide to New York City Landmarks (2008), Long Island Country Homes and Their
Architects, 1860-1940 (1997), Maynard L. Parker: Modern Photography and the
American Dream (2012) and Tastemaker (2017).
Ms. Cefola listsJulius Gregory's awards: Honorable Mention, Christian Herald Church
Building Competition (1928), The National Better Homes Architectural Competition
Prize (1929), Honorable Mention for Distinguished Qualities in Residential Work
(1930), the Architectural League of New York Special Mention (1930), the
Architectural League of New York The American Architect Gold Award (1932).
Julius Gregory's Obituary in the New York Times echoes Ms. Cefola's account,
reporting that: "Mr. Gregory, whose designs for home magazines caused some of his
houses to be reproduced widely across the country, was essentially a transitional
architect. His work, often adapting newer concepts to traditional styles,was a bridge
to the designs of later,modem architects... Over the years his plans frequently won
societies."
awards from professional
Itis noted that the CHP had previously determined Julius Gregory to be a Master in
connection with another property in Scarsdale. In January 2017, the CHP denied the
application for the demolition of 53 Old Orchard Road. That denial was based on Mr.
Gregory's longstanding and diverse career, mentioning his involvement with the
Fieldston District noted above, and his design of various churches (which are also
outlined in Ms. Cefola's report) and his aforementioned New York Times Obituary.
4. That the building embodies the distinctive characteristics of a type, period or
method of construction that possesses high artistic values.
As the Village Board found above, 1I Dolma Road is an architecturally
significant structure and an excellent example of an English Norman style house.
The house features a prominent round tower with a polygonal roof set at the
intersection of the two wings, irregular picturesque massing, a steep roof, shallow
eaves, diaper patterned brickwork, juxtaposition of brick and stone and other
effect"
sophisticated features. The manipulation of materials creates a "scenographic
by giving the illusion that the house has been weathering on the property for
centuries. Although renovations have been made to the original house,
.
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Village Board of Trustees Meeting 03/09/2021 97
"symp:±etic" "minor"
those renovations are to the original design, are and
done."
"sensitively In fact, accordiñg to Professor Dolkart, the drawings for the
renovations made in 1941 with respect to the dormer relocation/replacement were
prepared by Simon Zelnik (who was himself an architect of repute) and provide
that all new work shall match the present in every respect. The alterations to the rear
of the house while substantial in terms of square footage and impact upon the
Preview
FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 06/11/2021 Exhibit 7 FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 06/11/2021 Village Board of Trustees Meeting 03/09/2021 88 of the Scarsdale Village entitled Noise to amend Sections 205- Code, 1.G, 205-2.B, and 205-2.D, pertaining to gas-powered blowers, and that members of the public wishing to present comments may do so online during the public comment phase of the hearing by accessing the at https:/ /zoom.us /j/93183703358, or by calling-in meeting 1-929-436-2866 and entering the Meeting ID, 931 8370 3358; using and be it further RESOLVED, that an electronic copy of the locallaw isavailable for public review on the Village website atwww.scarsdale.com: and be it further RESOLVED, that the Village Clerk ishereby di-ected to publish notice of said hearing pursuant to Village Law. AYES NAYS ABSENT Trustee Arest None None Trustee Crandall Trustee Lewis Trustee Ross Trustee Waldman Trustee Whitestone Mayor Samwick ******** Trustee Ross Trustee Ross stated that the next resolution relates to an application made in May of lastyear for a Certificate of Appropriateness. He stated that in October lastyear, the Commhee on Historic Preservation denied the application and the property owner submitted an appeal to this Board. The Board of Trustees, sittingas an Appeals Board, held a special meeting on February 4, 2021. This evening, the Board of Trustees willbe voting on the Adoption of Findings from that meeing. Trustee Ross then summarized the Findings (following this resolution). Upon motion entered by Trustee Ross, and seconded by Trustee Ixwis, the fellowing resolution regarding Findings of the Village of Scarsdale Board of Trustees in Connecdon with the Appeal Application for 11 Dolma Road was approved by the vote indicated below: WHEREAS, pursuant to Chapter 182 of the Village Code, the Committee on Historic Preservation ("CHP") by decision dated October 5, 2020, denied an application seeking approval of a certificate of appropriateness to demolish the house at 11 Dolma Road; and WHEREAS, pursuant to Village Code Section 182-11, the CHP's said de. la -1 was appealed to the Board of Trustees; and FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 06/11/2021 Village Board of Trustees Meeting 03/09/2021 89 WHEREAS, on February 4, 2021, the.Board of Trustees held a special meedag at which time itheard said appeal; and now therefore be it RESOLVED, that the Board of Trustees hereby adopts the Findings which are annexed hereto and incorporated herein, denying on appeal the application for a certificateof appropriateness to demolish the house at 11 Dolma Road. AYES NAYS ABSENT Trustee Arest None None Trustee Crandall Trustee Lewis Trustee Ross Trustee Waldman Trustee Whitestone Mayor Samwick ******** FINDINGS OF THE VILLAGE OF SCARSDALE BOARD OF TRUSTEES In connection with the Appeal Application for 11 DOLMA ROAD, SCARSDALE, NEW YORK WHEREAS, the property known as 11 Dolma Road, Scarsdale, New York is an Norman" "English style single family house with a pool house and pool. This single- home was designed the architect Julius family by Gregory, and built by Walter J. Collet in 19281; and WHEREAS, by application dated May 27, 2020, Sarah Binetter, as agent for the property owner Onedol Rock Holdings LP, (hereinafter the "Applicant"), submitted an application to the Committee on Historic Preservation (the approval to demolish the above- "CHP") seeking described house, pool house and pool /spa (the "Application"); and WHEREAS, Chapter 182 of the Village Code of the Village of Scarsdale (the Preservation" "Village Code") entitled "Historic establishes the criteria with which the CHP shall make a determination on whether to approve or deny an application such as the subject Application as follows: "In making a determination whether to grant an application for a certificate or to deny such application and require that the building in question be preserved, the Committee shall consider the level of significance in American history, archkectiire, archeology, engineering FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 06/11/2021 Village Board of Trustees Meeting 03/09/2021 90 and culture present in the building, as well as the integrity of location, design, setting, materials and workmanship, and (1) That the building is associated with events that have made a significant contribution to broad patterns of Village, regional, state or national history; or (2) That the building is associated with the lifeof a person or persons of historical significance; or (3) That the building isthe work of a master; or (4) That the building embodies the distinctive characteristics of a type, period or method of construction that possess high artistic value; or (5) That the building has yielded or may be likely to yield history." information important in prehistory or I 2001. The pool house and pool were constructed approximately 2000 to WHEREAS, the Application was initiallyheard by the CHP on June 30, 2020, and was adjourned to September 29, 2020, for further written submissicñs, factual research and to afford the CHP members the opportunity to inspect the property which was vacant and gated, and further heard on such later date; and WHEREAS in a decision dated October 5, 2020, after applying the criteria found in Village Code §l 82-5, the CHP found that the building isthe work of "master" a architect as that term is defined in § 182-2 of the Code, and that itembodies the distinctive characteristics of a type, period or method of construction that possesses high artistic value, whereupon it denied the request for a Certificate of Appropriateñess requiring the preservation of the building2; and WHEREAS, Section § 182-11 of the Village Code provides that any applicant aggrieved by a determination of the CHP may appeal to the Village Board of Trustees (the "Village Board"). The Village Code also provides that during the appeal, the Village Board shall not be bound by the record adduced by the CHP; and WHEREAS, by letter dated October 29, 2020, the Applicant appealed the denial determination of the CHP to the Village Board; and WHEREAS, Village Board, the Applicant and the CHP agreed that the appeal would be heard on February 4, 2021, and that the Village Board's FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 06/11/2021 Village Board of Trustees Meeting 03/09/2021 91 decision on the appeal would be rendered on or before March 1, 2021; and WHEREAS, On February 4, 2021, the Village Board held a de novo hearing to determine whether the house meets the criteriaunder § 182-5 of the Village Code requiring itspreservation; and WHEREAS, during the appeal hearing, the Applicant was represented by Lawrence Otis Graham, Esq., Andrew Schriever, Esq. and Kristen Motel, Esq. of Cuddy & Feder LLP, White Plains, New York, and the CHP was represented by James Staudt, Esq. and Patricia W. Gurahian, Esq. of McCullough, Goldberger & Standt, LLP, White Plains, New York; and WHEREAS, the record of proceedings relating to the Application includes expert reports prepared by Andrew Scott Dolkart, Professor of Historic Preservation at the Columbia University Graduate School of Architecture who was retained on behalf of the CHP, and who participated in the Appeal on behalf of the CHP; and WHEREAS, the record also includes expert reports by Emily T. Cooperman, M.S., Ph.D, Senior Architectural Historian of the firm of Paulus, Sokolowski and Sartor, LLC, retained by the Applicant, who also participated in this appeal; and WHEREAS, the Village Board is familiar with the facts of this matter, including the denial having reviewed the record of the hearing held by the CHP on this matter, the aforementioned expert reports, an amicus report submitted by the granddaughter of Julius Gregory, correspondence and documentation provided in connection with this appeal on behalf of both the Applicant and the CHP, and visited the site; NOW THEREFORE BE IT RESOLVED, that in considering the 1e ve 1 of significance in American history, architecture, archeology, engineering and culture present in the house, as well as the integrity of location, design, setting materials and workmanship, in addition to applying the criteria specified in Village Code § 182-5, the Village Board agrees with many of the conclusions of Professor Dolkart which combine to conclude that 11 Dolma Road isworthy of preservation, and makes the following findings of fact: A. 11 Dolma Road is a significant architectural structure and is an excellent example of an English Norman style house. The house features a prominent round tower with a polygoñal roof set at the intersection of the two wings, irregular picturesque massing, a steep roof, shallow eaves, diaper patterned brickwork, juxtaposition of brick and stone and other sophisticated features. FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 06/11/2021 Village Board of Trustees Meeting 03/09/2021 92 effect" The manipulation of materials creates a "scenographic by giving the illusion that the house has been weathering on the property for centuries. B. Many of the homes on Dolma Road were built by Walter Collet, who was responsible for the construction of many notable houses in the Village. The 2012 Survey describes Dolma Road as "a short streetlined with exclusive houses on large lots,most erected between 1926 and 1929, primarily for families." wealthy businessmen and their The 2012 Survey further notes the following: "Considering the size and scale of the houses along Dolma Road, it isremarkable that they survive with such integrity. A few entrances have been altered and additions have been sensitively made, but the street retains the century." ambiance of a prime suburban locale of the early twentieth C. Contiguous with 11 Dolma Road is the property known as 100 Mamaroneck Road. The public record for 11 Dolma Road and 100 Mamaroneck Road show that the two parcels were marketed and sold as part of a single transaction. When seen as combined, 11 Dolma Road and 100 Mamaroneck Road are comprised of approximately five (5) acres in total.The main house is in excess of 8,000 square feet, situated toward the front of the property with a circular driveway and private gated entrance. The pool and pool house are located on the eastern portion of the property and to the rear of the main house. The combined property was recently featured as the cover photograph in a New York Times Real Estate Section article entitled "Living in Scarsdale, Air," N.Y.: A Pricey Suburb With an Old World which was published on December 4, 2019 and remains highly visible online when searching for "Scarsdale." The caption of the photograph of 11 Dolma Road in the New York Times article states:"Scarsdale, an affluent town in Westchester County, has no shortage of large and stately homes, including those along neighborhood." Dolma Road in the Murray Hill D. The level of significance of the architecture of the house at 11 Dolma Road is discussed in Point 3 below. However, itis worth noting here that 11 Dolma Road was developed by Walter Collet, a known builder in Scarsdale famous for quality homes that have stood the testof time. Professor Dolkart states that Collet is "one of the most active subdivision planners and builders in Scarsdale and an individual who did a great deal to establish the character of the village. Itis homeowners such as Lyon [the original owner of 11 Dolma Road], developers such as Collet, and the architects with whom they today." worked who created the character of Scarsdale that is so sought after Professor Dolkart opines that the Dolma/Sherbrooke Development is,perhaps, Collet's most notable contribution to the character of Scarsdale. Collet's construction of 11 Dolma contributes to the integrity of the materials and workmanship of the house. FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 06/11/2021 Village Board of Trustees Meeting 03/09/2021 93 2 pool pool were excepted from the CHP's determination and The housÛnd expressly the Applicant was invited to reapply to the CHP for solely the demolition of the pool house and pool. As such, they are not presently before the Village Board for consideration. Having enumerated itsabove findings of fact with respect to the general considerations of significance of the house at 11 Dolma Road, the Village Board hereby makes further findings of fact under the more specificcriteria enumerated in Village Code § 182-5. Notably, satisfaction of only one of the fivesaid criteriawas necessary for the CHP's denial of the subject application for a Certificate of Appropriateness to demolish a potentially historic building. While the CHP's decision of October 5, 2020, identified two of the five criteriaas support for its denial of such Certificate, the Village Board finds in this appeal that three of these specific criteria support the denial of the Appucadon to demolish the house at 11 Dolma Road as followS: 1. Whether the buildingisassodated nà itheventsthat have made a signifcantma:±'m to bmad patternsof Village,agional,stateor nationalhistory: The Village Board agrees with Professor Dolkart that 11 Dolma Road "contributes to the most important issue in the history and development of Scarsdale, the major suburbanization of the village which largelyoccurred in the second and third decades century." of the twentieth 11 Dolma Road: Final Comments, Andrew S, Dolkgrt, January 2021. Professor Dolkart goes on to explain that "[t]here would be no Village of Scarsdale, as we know it,without thisimportant development brought about by America" changing cultural and economic conditions in urban which he enumerates as follows: the expansion and modemi2ation of commuter raillines as brought about (i) by the electrification of the Harlem Line in 1913, (ii)the development of parkways and the increasing popularity of the automobile for both leisureand commuting as evidenced in the opening of the Bronx River parkway in 1922, (iii)the decline in the availabilityof single family homes in New York City resulting in a migration to the suburbs by those who did not wish to live in apartment houses; and (iv)the general "country" appeals of lifefor affluent households. Id. at p. 6. The Village Board agrees that the house at 11 Dolma Road isan excellent example of a house from the peak years of this era of suburbanization, and itsbuilder Walter Collet was an important figure in this history of development as well. The house at 11 Dolma Road clearly satisfiesthis criterion. 2. That the building is associated with the hfe of a person or persons of historical sigmficance. The Village Board embraces Professor Dolkart's learned opinion that Julius Gregory was a master architect (see Point 3, below) and acknowledges that he was a resident of Scarsdale, and also recognizes that Walter Collet was an important builder and developer. However, despite a spirited debate, the Village Board d o e s not agree FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 06/11/2021 Village Board of Trustees Meeting 03/09/2021 94 significance." that either Mr. Gregory or Mr. Collet was a person of "historical Accordingly, the Village Board does not find that the house at I1 Dolma Road is associated with the lifeof a person or persons of historical significance. 3. That the building is the work of a master. "Master" The Village Code defines in pertinent part as "[a] figure of generally skill..." recognized greatness in a field, a known craftsman of consummate Village Code § 182-2. Based upon information contained in the record and the testimony of Professor Dolkart before the CHP and on this appeal, the Village Board fmds that "Master" Julius Gregory was, in fact,a architect. The Village Board believes the record before itindeed establishes Mr. Gregory's bonafides as a Master. Professor Dolkart's 2020 report notes of JuliusGregory's statusas a Master as follows: Gregory developed a successful career with a specialization inthe design of freestanding, suburban houses in revival styles. Gregory evinced a talentfor the creative design of houses in a wide variety of styles,favoring, in particularthe Tudor Revival, the English Cottage, the French Norman, and the American Colonial styles.Gregory's talent for designing in differentstyles, in different materials, and on differenttypes of sitesis made evident in a photo spread of three houses published in the New York Herald Tribune in 1930. The caption notes that "The three houses which we are showing this week are by Julius Gregory. They represent three different types of the work of thisarchitect.One is ofclapboards and shingles; one of fieldstone, and one of stucco and stone. . . . Although entirely different in character,there is a certainsimilarityin design. Not only does itnote that his houses were widely published, but itemphasizes that they were not simply banal copies of historic architecture, but were adaptations that combined a deep appreciation of traditional design with more contemporary issues in the use of materials and in the treatment of architectural forms. Gregory had an extraordinarily diverse practice, designing suburban homes at alldifferent scales, from small houses for middle-class families, to the large upper middle-class houses of Scarsdale, to estates. Itis wrong to categorize his significance as solely a designer of small houses. Gregory excelled at the design of houses at every scale. Gregory's talents were recognized during his lifetime, notably in his appointed as an architectural FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 06/11/2021 Village Board of Trustees Meeting 03/09/2021 95 consultant to two prestigious and popular design journals, House and Garden and House Beautiful. He also designed model homes sponsored by these two journals and for Country Ufe as well. His buildings were recognized with several awards, most notably an American Institute of Architects award in 1930 "for the distinguished qualities in design and charm work." of his residential * The Lyon Residence isunquestionably the work of a master. Julius Gregory was among the finest architects specializing in suburban home design in the New York area in the post-World War I period. He designed houses of a very high quality at varying scales and in a variety of popular styles. Gregory was well-regarded during his lifetime, as is evident in his writings, publications, and, most significantly in the role that he played in advising several of the most prestigious house design magazines in America. The fact that there has not been extensive writing about Gregory in recent decades isnot a reflection on histalents, but an indication that American architectural historians have largely ignored the traditional architecture of the early decades of the twentieth century, the architecture that created the character of Scarsdale and so many other suburban communities across the United States. There isno book about this aspect of American design. This isa serious gap in the literature on American architectural history. I have been undertaking research on thisphase of American design, notably in the New York area, and can state that without question, Julius Gregory was a leader (aka a master) of this movement. Notably, the amicus report submitted to the CHP by Julius Gregory's granddaughter Ann Gregary Cefola provides a unique perspective on the architect's background, in particular his upbringing, life history, work history and recogñition. Ms. Cefola citesvarious publications that featured Mr. Gregory's work and listshis accolades. Most notably, Mr. Gregory designed 42 homes in Riverdale's Fieldston District that was created by Frederick Law Olmsted and conferred with landmark status by the New York City Landmarks Preservation Commission. Within Scarsdale and surrounding villages, Mr. Gregory designed The Bannerman House (2 Elmdorf Drive), 35 Popham Road/1 Chase Road, 50 Brewster Road, 3 Church Lane, 53 Old Orchard Lane, as well as The Wilputte House in New FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 06/11/2021 Village Board of Trustees Meeting 03/09/2021 96 Rochelle, among others listed in the written materials. Ms. Cefola points out Julius Gregory's many recognitions in the following publications: Architecture (1918), House and Garden's Book of Houses (1919), The American House (1922), American Country Houses of Today (1922), Interior Architecture: The Design of Modern American Homes (1927) and regularly in The American Architect and Building News, The American Home, Architectural Forum, The Architectural Record, The Architectural Review, Arts and Decoration, Country Life and The New York Times. Ms. Cefola's submission also mentions that Mr. Gregory shared his expertise in popular magazines such as House and Garden, Better Homes and Gardens, and Good Housekeeping. Her submission also references more madêrñ publications such as The Guide to New York City Landmarks (2008), Long Island Country Homes and Their Architects, 1860-1940 (1997), Maynard L. Parker: Modern Photography and the American Dream (2012) and Tastemaker (2017). Ms. Cefola listsJulius Gregory's awards: Honorable Mention, Christian Herald Church Building Competition (1928), The National Better Homes Architectural Competition Prize (1929), Honorable Mention for Distinguished Qualities in Residential Work (1930), the Architectural League of New York Special Mention (1930), the Architectural League of New York The American Architect Gold Award (1932). Julius Gregory's Obituary in the New York Times echoes Ms. Cefola's account, reporting that: "Mr. Gregory, whose designs for home magazines caused some of his houses to be reproduced widely across the country, was essentially a transitional architect. His work, often adapting newer concepts to traditional styles,was a bridge to the designs of later,modem architects... Over the years his plans frequently won societies." awards from professional Itis noted that the CHP had previously determined Julius Gregory to be a Master in connection with another property in Scarsdale. In January 2017, the CHP denied the application for the demolition of 53 Old Orchard Road. That denial was based on Mr. Gregory's longstanding and diverse career, mentioning his involvement with the Fieldston District noted above, and his design of various churches (which are also outlined in Ms. Cefola's report) and his aforementioned New York Times Obituary. 4. That the building embodies the distinctive characteristics of a type, period or method of construction that possesses high artistic values. As the Village Board found above, 1I Dolma Road is an architecturally significant structure and an excellent example of an English Norman style house. The house features a prominent round tower with a polygonal roof set at the intersection of the two wings, irregular picturesque massing, a steep roof, shallow eaves, diaper patterned brickwork, juxtaposition of brick and stone and other effect" sophisticated features. The manipulation of materials creates a "scenographic by giving the illusion that the house has been weathering on the property for centuries. Although renovations have been made to the original house, . FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 06/11/2021 Village Board of Trustees Meeting 03/09/2021 97 "symp:±etic" "minor" those renovations are to the original design, are and done." "sensitively In fact, accordiñg to Professor Dolkart, the drawings for the renovations made in 1941 with respect to the dormer relocation/replacement were prepared by Simon Zelnik (who was himself an architect of repute) and provide that all new work shall match the present in every respect. The alterations to the rear of the house while substantial in terms of square footage and impact upon the