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FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 06/11/2021
Exhibit 2j
FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 06/11/2021
14th Floor
445 Harnilton Avenue,
White Plains, New York 10601
T 914 761 1300
F 914 761 5372
cuddyfeder.corn
LLP
Lawrence Otis Graham
1graham@cuddyfeder.com
June 2, 2020
By Hand Delivery
Chairman Adam Lindenbaum
and Members of the Committee for Historic Preservation
Village of Scarsdale - Village Hall
tool Post Road
Scarsdale, New York 10583
Re: Sarah Binetter, as agent for Onedol Rock Holdings LP
CHP Certificate of Appropriateness Application
Premises: 11 Dolma Road, Scarsdale, New York
Section 18; Block ot; Lot 13E
Dear Chairman Lindenbaum and Members of the Committee for Historic Preservation:
On behalf of Sarah Binetter, as agent for Onedol Rock Holdings LP (the "Applicant"), the latter
being the owner of the captioned Premises, we respectfully submit the enclosed Application for a
Certificate of Appropriateñess ("COA") topermit the complete demoMon of the main residence,
pool and pool house located at the Premises. The facts and evidence regarding 11 Dolma Road
demonstrate that the house and accessory structures do not meet any of the criteria of Historic
Preservation Law Section 182-5. We respectfully request that this Application be placed on the
Committee for Historic Preservation's ("CHP") June 30, 2020 meeting agenda.
Sarah and her Steven hope to both be in attendance at the June 30th
husband, Binetter, hearing,
but because Sarah isexpecting their seend child in early July, she and her husband wanted to
inform the CHP, in advance, that ifher doctor places her on early bed rest, or gives birth, at or
prior to the June 30th Mr. Steven Binetter will be in attendance. are
hearing date, certainly They
excited about raising their 3 ¾ year old son and their June/July newborn in the peaceful,
low-
traffic,child-friendly Dolma Road environs. They know the area quite well since their son attends
nursery school at and they are members ofWestchester Reform Temple on Mamaroneck Road in
Scarsdale.
Background and Ownership History of the Premises
The Premises is approxirüately 3.26 acres insize and is improved with a main residence, pool and
pool house. The two and one-half story main house consists of brick construction with occasional
bands of granite placed into the foundation wall and sometimes repeating itselfas high as 3feet
above the foundation. We note that there are no bands of granite on the brick exterior walls which
were subsequently added by a chitects in the last two renovations that are discussed in further
detail below. The main house can be categorized as a Large Farmhouse Style. A Tudor style of
stucco and wood half-timbering construction is reflected in a small section of the East elevation
at the southernmost end and limited to the second floor and the attic third floor.
While most of the house is constructed of brick, there is great incc=Wacy with the manner in
which the brick exterior walls were mixed with granite sections. This inconsistency is evident in
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the two-story addition on the rear (East) elevation, in which the entire lower story is red brick
from the foundation up to the base of the second story of the addition, which is now surrounded
by the approximately 29 x 32-foot stone and brick elevated terrace.
According to information available from online Village of Scarsdale records and municipal data
searches conducted during the property owner's purchase ofthe Premises and included inthe title
report,2 the main house was constructed in 1928 architect Julius
approximately by Gregory
("Gregory").=
A 1-story stucco pool house of modern construction issituated in the southeastern portion of the
Premises, south of the existing pool. to information avah½ from the
immediately According
municipal data searches contained in the property owner's title report, a building permit for the
pool house was issued in 2001.3 There are no plans or architectural drawings for the pool house
available at thistime and the ofthe architect of the pool house is unknown.4
identity
Early records of property ownership indicate that the Premises in an undeveloped state was
owned Walter J. Collets& Frances W. Collet. to Westchester Land
by According County Records,
the was sold to W. Wallace Lyon in 19276 and the home was developed Collet
property by
Construction Corporation, Engineers and haders ("Collet") in approximately 1928 J
Lyon owned the for 1941.8
property 14 years before selling to Jack Burstiner and Max Goldstein in
In the wassold to Norman Arons.9 In Arons conveyed the to Edith
1946, property 1956, property
Pope,ª° who retained ownershipfor 40years before to the.Och in 1994.n1 The
nearly selling family
Appheent purchased the Premises in 20191 from the Och who had an interest
family, ownership
in the since 1994·ª3
property
History of Alterations to the Preinises
As evidenced in the enclosed materials and the attached report by Emily T. Cooperman, M.S., Ph.
D, Senior Architectural Historian at Paulus, Sokolowski and Sartor, LLC, included in Exhibit G
5 Atthe time this Application was Village Hall was closed in response toCOVID-19. Upon the
prepared,
reopening of Village Hall,a thorough review of allBuilding Department fileswilltake place and this report
will be supplemented accordingly.
= Scarsdale Reconnaissance p. 7-43·
Report,
3 See Exhibit F.
4 As indicated above, a thorough review ofall Department fileswilltake place and thisreport will
Building
be supplemented accordingly.
s Walter J. Colletwas one of the major builders and developers in Scarsdale.
6 November Liber Page 254.
2, 1927 deed, 2814,
7 Paulus, Sokolowski and Sartor, LLC Report, included in Exhibit G (hereinafter referred to as the"PS&S
Report"), p.2.
8 September Liber
16, 1941 deed, 3947, Page 252.
9 October 1, 1946 deed, Liber 4445, Page 275·
20 1956 Liber Page 293.
January 5, deed, 5543,
ti June Liber Page 4.
1, 1994deed, 10884,
i= SeeExhibit J- deed Applicant's ofthe Property.
reflecting ownership
is Before tothe Applicant in2019, the was transferred from Daniel and Jane Och toOch
selling prepertf
family trusts through several conveyances.
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(hereinafter referred to as the "PS&S Report"), the exterior and interior of the main residence
have undergone several alterations since its initialconstruction.
On August 9,1994, a series of Certificates of Occupancy ("COs") were issued to then-owner Edith
Pope for work that appears to have been completed decades earlier. The CO's issued to Pope were
for the following:
Alteration"
1. "Addition & authorized by a Building Permit previshaly issued on or about
September 194124 No further details are provided on the CO the nature of
2, regarding
this addition and alteration.25 Upon the architect's 1941 blue prints in the
finding July
"Alteration"
Scarsdale Building Department files,the involved removing a single window
"Addition"
dormer from both the front West elevation and the rear East elevation. The
included a 3-window wall dormer on the rear East elevation and both a 4-
adding adding
window wall dormer as well as an additional single window dormer to the front West
elevation,
Windows"
2. "Bay erected under a Building Permit previously issued on or about October 15,
1946.26 As indicated in the PS&S report,17 visual evidence indicates one of these bay
windows is located on the firstfloor of the south elevation of the east-west wing. In a
review of the Searsdale Building Department files,we also located the White Plains, New
York based architect's 1946 plans for the to-foot-wide bay window that was added to the
south elevation in the living room.
Greanhanaa"
3. "Legalize constructed under a Building Permit previously issued on or about
1994.28
July 27,
Between 1995 and 2000, a series of Building Permits were issued to then-owners Daniel and Jane
Och for numerous alterations and a significant addition to the main residence, as evidenced by
CO's issued for the following:
1. Construction of a fireplace (and chimney) under a Building Permit previsüsly issued on
April 12, 2004;ª9
2. Construction of a pool and spa under a Building Permit previously issued on April 16,
2001;20
3. Alterations, addition and a deck under a Building Permit previously issued on August 9,
2001;25
4. New pool house, two story stone deck, landscaping and fencing under a Building Permit
issued on October 2000;==
previously 20,
24 C.O.No. 9665.
55As indicated above, a thorough review of all Department fileswilltake place and thisreport
Building
willbe supplemented accordingly.
16C.O. No. 9666.
27PS&S Report, p.2.
18 C.O.No. 9667.
19 C.O.No. 16034, issuedJuly 18, 2006.
20 C.O. issued October 2007.
No.27096, 2,
21 C.O. issued September 2008.
No.27097, 4,
== C.O. issued September 4,2008.
No.27741,
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5. Extension of the entry portico and new windows under a Building Permit previously issued
on March 27, 1996;²3 and
6. Addition of a 2-story kitchen, family room, breakfast room and deck under a Building
Permit issued on 1995.²4
previously July 25,
The large-scale additions encompassed in these permitted alterations are as follows:
• Large two-story addition to the eastern elevation of the north-south wing included the
addition of a cylindrical sunroom and large elevated terrace that e-pass a significant
portion of this facade.
• Addition of a second floor, addition of a substantial chimney, change from shed to gable
roof, reconfiguration of walls, relocation of windows, reconfiguring of garage door
openings and alterations to masonry on the northern volume ofthe north-south wing.
• Alteration of the entrance by a hood addition and relocation of historic entry doors.
• Replacement of window sashes and doors throughout the residence.
These numerous and significant modifications. to the main home resulted in the alteration of
many of the original architectural features including the roof, dormers, windows, doors, exterior
masonry, as well as an addition to the house. These alterations resulted in substantial changes to
the historic appearance, volumetric organization and materials of the main residence.25 As
discussed in further detail in the section addressing Criterich 4 below, these changes significantly
compromised the architectural appearance of the main residence.
Standard of Review
When evaluating the historic significance of a property or structure for preservation, reviewing
courts have repeatedly noted that the appropriate standard of review is clear and convincing
evidence because such a determination adversely affects and impairs an owner's constitutionally
protected property rights. In that regard, the Board of Trustees ("BOT") observed in itsDecision
and Order reversing the denial of a COA for 53 Carman Road, dated June 22, 1999, as follows:
While the preservation of the Village's history is a legitimate and laudable goal,
there must be a delicate balance between individual property rights and the stated
goal . . . the
evidence must be substantial to outweigh individual property rights.
[W]hen assessing whether a structure is entitled to protection because of itslocal
historicalimportance, we believe the BAR willhave to impose an exacting standard
of proof. In particular, we believe. 1) such a finding must rest upon more than
uncorroborated, non-expert, or episodic testimony; and 2) factual inconsistencies
must be supported by a preponderance of probative evidence.
P. of and (emphasis added).26
3 4 concurring comments, respectively
as C.O. No. 33180, issued 11, 2018.
May
24 C.O. No- issued 11, 2018.
33181, May
as PS&S Report, p.3;6-7.
26 A of the June Decision of the Board of Trustees the denial of the Board of
copy 22, 1999 reversing
ArcMte Pal Review ("BAR") and granting a COA to permit demolition of53 Carman Road isattached as
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Thus, when applying the criteria set forth in Section 182-5, in order to outweigh the individual
rights of our client,a determination of historical importance can only be made where the
property
determination issupported by clear and convincing evidence. This submicsion demonstrates that
the evidence provided does not support a determination of historical importance for the existing
house and pool house at 11 Dolma Road and, as such, the COA for demolition of both structures,
as well as the pool, must be issued.
Criteria for Deterinining Historical Iniportance
In order for there to be a lawful finding of Historical Importance, Village Code Section 182-5
requires as an initial matter a deliberate consideratics and affirmative deci=ion on whether a
building:
(i) has a level of significance in American history, architecture, archeology,
engineering, or culture;
(ii) has a location, design, or setting of Historical Importance; and
(iii) is constructed of materials or by workmanship of Historical Importance.
As demoñstrated herein, the home, pool and pool house are not uncommon or unique and
certainly do not have any historical significance on any level. Furthermore, as detailed in the
enclosed PS&S Report, and discussed in further detail below in the section addressing Criterion
3, the home at 11 Dolma Road does not possess any remarkable or masterful detailing or design
elements for which the Gregory, was known.a7 this structure could never be
architect, Indeed,
singled out among the architect's finest works. The pool house was designed by an unknown
architect, over half a century later in approximately 2001 and is ofsimplistic construction.
While the main residence was mentioned in the Scarsdale Reconnaissance Level Cultural
Resource dated 2012 ("Reconnaissance Survey"),=8 the Reconnaissance
Survey Report, July 12,
Survey, which highlights the significance of ñümerous other properties, does not provide any
detail on what the significance is of11 Dolma Road. Further, there isnothing particularly unique
about the design or setting of any of the structures on the Premises or their materials or
workmanship. In fact, as discussed in more detail in Criterion 3 below, the large manor-like
farmhouse design of the main residence at 11 Dolma Road was not the style of home Gregory was
known for designing.
Simply put, the main residence, pool and pool house at 11 Dolma Road do not possess the truly
exceptional and special design criteria and masterful, irreplaceable workmanship required to
meet the extraordinarily high public interest level required for a determination of Historical
Importance standards and infringement upon private property rights. Thus, the main residence,
Exhibit H. Please also note that in1999, appeals from the CHP were firstheard by the Board ofArchitectural
Review ("BAR").
=7 PS&S Report, p.6.
28 The Reconn a4ecance was prepared Andrew S. Dolkart for the Villagein response to a
Survey by
competitive public bidding process.
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pool and pool house do not measure up under the prefatory paragraph of the criteria for
determining Historical Importance in Section 182-5·
The Evidence for 11 Dolma Road Does Not Satisfy the Criteria for Preservation in
Section 182-s
Assuming, arguendo, that there issomething historically important about the location, design, or
setting of our client'shome or the materials or workmanship of which itis constructed (which
there is not), Village Code Section 182-5 (A) requires an additional showing by en½tantial
evidence in order to at least one of the five listed criteria under Village Code Section 182-
satisfy
5(A)(1) through (5):
(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 life of 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 values; or
(5) That the building has yielded or may be likely to yield information important to
prehistory or history.
(Emphasis added.)
As setforth herein, there is no substantial evidence to support a showing that any of the five
criteria above are satisfied.
Criterion #1
That the building is neeminud with events that have made a significant
contribution to broad patterns of Village, regional, state or national history
There is no evidence in the record that the main residence, pool or pool house at 11 Dolma Road
are connected inany way to any event of significance to broad patterns of Village, regional, state
or national history. Neither structure is associated with a single event or patterns of events that
have made a significant contribution in history.
The criteria for preservation in Section 182-5(A)(1) are modeled after similarly phrased criteriain
a regulation promulgated under the National Historic Preservation Law. Accordingly, it is
reasonable to look to the authoritative guidance published by the federal agency that adminieters
the National Historic Preservation Law for insight into the application of the criteria set forth in
Section 182-5(A)(1). The National Register Bulletin's "How to Apply the National Register
Evaluation" Bulletin,"
Criteria for (the "National Register annexed hereto as Exhibit I) is
instructive. Itprovides that to meet this criterion, the association of the structure with a pattern
of events or a significant single event must be documented to not only have existed at the time of
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the events, but also must be documented as having been assõciated with these events. "A property
isnot eligible ifitsassociations are speculative."29
This standard is consistent with this Board's determination that the evidence must be substantial
and not speculative to outweigh an individual's property rights. There is no decamentation
whatsoever that the main recidence or pool house on the Premises were ass0ciated with any of
these events.
Additionally, as explained in the Natioñãl Register Bulletin, a structure cannot merely be
association"
accaniated with a single event or pattern ofevents: it must have "an important with
each event.so Aside from constructed on Dolma Road the there isno
simply being during 1920s,
record that the home specifically contributed to the development of Scarsdale as a suburban
community. Merely claiming a home is significant because itis located on a particular street
which "retains the ambiance of a prime suburban locale of the early twentieth century"s¹, does not
mean itrises to the level eligiblefor protection.
Further, we note that the main residence at 11 Dolma Road isnot listed on the National Register
of Historic Places, NewYork State Register of Historic Places or Westchester County Invetitory of
Historic Places.
Accordingly, itis respectfully submitted that the structures at 11 Dolma Road do not meet this
criterion for Historic Importance.
Criterion #2
That the building is associated with the hfe of a person or persons of historical
significance
There is no evidence that main residence, pool or pool house at 11 Dolma Road were essueisted
with the lifeof a person or persons of historical sigñificance. There isno indication that 11 Dolma
significance."
Road was owned by "aperson or persons ofhistorical
The National Register Bulletin provides guidâñce on determining whether a property issignificant
for itsassociative values:
"This criterion is generally restricted to those properties that illustrate (Rather
than a person's important achievementc."s2
commemorate)
Early ownership of the property is evideñced from a review of the Westchester County Land
Records and currently available Village of Scarsdale property records, which identify the
undevelaped property being owned, in part, by developer and builder Walter J. Collet.ss The
property, while undergoing development, was firstpurchased by W. Wallace Lyon in 1927. The
29 NationalRegister Bulletin 2, available at:
https://www.nps.gov/subjects/nationairegister/upload/NRB-15 webso8.pdf.
3a National Register p. 12.
Bulletin,
sz Reconnaissance
Survey, p 7-43.
32 National Register p. 14.
Bulletin,
33Walter J.Collet was one ofthe major builders and developers in Scarsdale.
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Survey34 owners"
Reconnaissance listed Lyon among the "wealthy of properties on Dohna Road,
man"
describing him in simple detail as a "Wall Street broker and insurance We respe±lully
man"
submit that a wealthy "insurance does not rise to the level of a person of historical
significance.
After Lyon's ownership, the property changed hands numerous times over the next 30 years, as
stated above. Specifically, records indicate that the property was subsequently owned by Jack
Burstiner and Max Goldstein, Norman Arons, and Edith Pope. Edith Pope acquired the property
in i956 and lived there for almost 40 years. Available records are devoid ofinformation indicating
that ofthese individuals were of historical significance or made contributions to history.as
any any
Most recently, prior to the Applicant's ownership, the property was owned by the Och family.
While Daniel Och is a successful businessman and philanthropist, itis respectfully submitted he
does not rise to the level of a person of historical significance.
The main residence was constructed by the architect Gregory, however there is no evidence that
Gregory ever owned 11 Dolma Road or lived at the property. Merely because Gregory designed
the property and developed other properties in the surrmwing area does not rise to the level of
being associated with a person of historical significance.
owners'
The record isdevoid of any information regarding the prior property contributions made
to history. There isno indication that the property consmemorates an important achievement of
any individual. This criterion is not satisfied and the main residence, pool and pool house at 11
Dolma Road are not associated with a person or persons of historical significance.
Criterion #3
That the building is the work of a master
Itis respectfully submitted that the main residence, pool and pool house at 11 Dolma Road are n_ot
the work of a master.
"Master"
Section 182-2 of the Historic Preservation Law defines as: "A figure of generally
recognized greatness in a field, a known craftsman of ec=- -·····mte or an anonymous
skill,
quality."
craftsman whose work isdistinguishable from others by its characteristic style and
Guidance from the National Register Bulletin statess6:
A master is a figure of generally recognized greatness ina field, a
known craftsman of consununate or an · anonymous
skill,
craftsman whose work is distinguishable from other by its
characteristics style and quality. The property must express a
particular phase in the development of the master's career, an
aspect of his or her work, or a particular idea of theme in his or her
craft. A property isnot eligible as the work of a master,
34 Reconnaissance Survey, p 7-43.
as PS&S Report p. 2-3.
36 National Register page 20.
Bulletin,
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however, simply because it was designed by a prominent
architect. For example, not every building designed by
Frank Lloyd Wright is eligible under this portion of
criterion C, although it might meet other portions of the
Criterion, for instance as a representative of the Prairie
style. The work of an unidentified craftsman is eligibleif itrises
above the level of workmanship of the other properties
encompassed by the historic context.
The National Register includes additional guidance on determining when this criterion ismet,
providing that a building that is thework of a master must "rise above the level of workmanship
period"
of the other properties of the same and it must alsso embody "the distinctive
characteristics of a type, or method of constráction that possess high artisticvalues."37
period,
Main Residence
"master"
There isno evidence that
Preview
FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 06/11/2021 Exhibit 2j FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 06/11/2021 14th Floor 445 Harnilton Avenue, White Plains, New York 10601 T 914 761 1300 F 914 761 5372 cuddyfeder.corn LLP Lawrence Otis Graham 1graham@cuddyfeder.com June 2, 2020 By Hand Delivery Chairman Adam Lindenbaum and Members of the Committee for Historic Preservation Village of Scarsdale - Village Hall tool Post Road Scarsdale, New York 10583 Re: Sarah Binetter, as agent for Onedol Rock Holdings LP CHP Certificate of Appropriateness Application Premises: 11 Dolma Road, Scarsdale, New York Section 18; Block ot; Lot 13E Dear Chairman Lindenbaum and Members of the Committee for Historic Preservation: On behalf of Sarah Binetter, as agent for Onedol Rock Holdings LP (the "Applicant"), the latter being the owner of the captioned Premises, we respectfully submit the enclosed Application for a Certificate of Appropriateñess ("COA") topermit the complete demoMon of the main residence, pool and pool house located at the Premises. The facts and evidence regarding 11 Dolma Road demonstrate that the house and accessory structures do not meet any of the criteria of Historic Preservation Law Section 182-5. We respectfully request that this Application be placed on the Committee for Historic Preservation's ("CHP") June 30, 2020 meeting agenda. Sarah and her Steven hope to both be in attendance at the June 30th husband, Binetter, hearing, but because Sarah isexpecting their seend child in early July, she and her husband wanted to inform the CHP, in advance, that ifher doctor places her on early bed rest, or gives birth, at or prior to the June 30th Mr. Steven Binetter will be in attendance. are hearing date, certainly They excited about raising their 3 ¾ year old son and their June/July newborn in the peaceful, low- traffic,child-friendly Dolma Road environs. They know the area quite well since their son attends nursery school at and they are members ofWestchester Reform Temple on Mamaroneck Road in Scarsdale. Background and Ownership History of the Premises The Premises is approxirüately 3.26 acres insize and is improved with a main residence, pool and pool house. The two and one-half story main house consists of brick construction with occasional bands of granite placed into the foundation wall and sometimes repeating itselfas high as 3feet above the foundation. We note that there are no bands of granite on the brick exterior walls which were subsequently added by a chitects in the last two renovations that are discussed in further detail below. The main house can be categorized as a Large Farmhouse Style. A Tudor style of stucco and wood half-timbering construction is reflected in a small section of the East elevation at the southernmost end and limited to the second floor and the attic third floor. While most of the house is constructed of brick, there is great incc=Wacy with the manner in which the brick exterior walls were mixed with granite sections. This inconsistency is evident in WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT 4476065.v1 11 Dolma Rd - 0405 FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 06/11/2021 UDDY Page 2 .RDS June 2, 2020 LLP the two-story addition on the rear (East) elevation, in which the entire lower story is red brick from the foundation up to the base of the second story of the addition, which is now surrounded by the approximately 29 x 32-foot stone and brick elevated terrace. According to information available from online Village of Scarsdale records and municipal data searches conducted during the property owner's purchase ofthe Premises and included inthe title report,2 the main house was constructed in 1928 architect Julius approximately by Gregory ("Gregory").= A 1-story stucco pool house of modern construction issituated in the southeastern portion of the Premises, south of the existing pool. to information avah½ from the immediately According municipal data searches contained in the property owner's title report, a building permit for the pool house was issued in 2001.3 There are no plans or architectural drawings for the pool house available at thistime and the ofthe architect of the pool house is unknown.4 identity Early records of property ownership indicate that the Premises in an undeveloped state was owned Walter J. Collets& Frances W. Collet. to Westchester Land by According County Records, the was sold to W. Wallace Lyon in 19276 and the home was developed Collet property by Construction Corporation, Engineers and haders ("Collet") in approximately 1928 J Lyon owned the for 1941.8 property 14 years before selling to Jack Burstiner and Max Goldstein in In the wassold to Norman Arons.9 In Arons conveyed the to Edith 1946, property 1956, property Pope,ª° who retained ownershipfor 40years before to the.Och in 1994.n1 The nearly selling family Appheent purchased the Premises in 20191 from the Och who had an interest family, ownership in the since 1994·ª3 property History of Alterations to the Preinises As evidenced in the enclosed materials and the attached report by Emily T. Cooperman, M.S., Ph. D, Senior Architectural Historian at Paulus, Sokolowski and Sartor, LLC, included in Exhibit G 5 Atthe time this Application was Village Hall was closed in response toCOVID-19. Upon the prepared, reopening of Village Hall,a thorough review of allBuilding Department fileswilltake place and this report will be supplemented accordingly. = Scarsdale Reconnaissance p. 7-43· Report, 3 See Exhibit F. 4 As indicated above, a thorough review ofall Department fileswilltake place and thisreport will Building be supplemented accordingly. s Walter J. Colletwas one of the major builders and developers in Scarsdale. 6 November Liber Page 254. 2, 1927 deed, 2814, 7 Paulus, Sokolowski and Sartor, LLC Report, included in Exhibit G (hereinafter referred to as the"PS&S Report"), p.2. 8 September Liber 16, 1941 deed, 3947, Page 252. 9 October 1, 1946 deed, Liber 4445, Page 275· 20 1956 Liber Page 293. January 5, deed, 5543, ti June Liber Page 4. 1, 1994deed, 10884, i= SeeExhibit J- deed Applicant's ofthe Property. reflecting ownership is Before tothe Applicant in2019, the was transferred from Daniel and Jane Och toOch selling prepertf family trusts through several conveyances. WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT 4476065.vi 11 Dolma Rd -0406 FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 06/11/2021 UDDY Page 3 June 2, 2020 +FEDER LLP (hereinafter referred to as the "PS&S Report"), the exterior and interior of the main residence have undergone several alterations since its initialconstruction. On August 9,1994, a series of Certificates of Occupancy ("COs") were issued to then-owner Edith Pope for work that appears to have been completed decades earlier. The CO's issued to Pope were for the following: Alteration" 1. "Addition & authorized by a Building Permit previshaly issued on or about September 194124 No further details are provided on the CO the nature of 2, regarding this addition and alteration.25 Upon the architect's 1941 blue prints in the finding July "Alteration" Scarsdale Building Department files,the involved removing a single window "Addition" dormer from both the front West elevation and the rear East elevation. The included a 3-window wall dormer on the rear East elevation and both a 4- adding adding window wall dormer as well as an additional single window dormer to the front West elevation, Windows" 2. "Bay erected under a Building Permit previously issued on or about October 15, 1946.26 As indicated in the PS&S report,17 visual evidence indicates one of these bay windows is located on the firstfloor of the south elevation of the east-west wing. In a review of the Searsdale Building Department files,we also located the White Plains, New York based architect's 1946 plans for the to-foot-wide bay window that was added to the south elevation in the living room. Greanhanaa" 3. "Legalize constructed under a Building Permit previously issued on or about 1994.28 July 27, Between 1995 and 2000, a series of Building Permits were issued to then-owners Daniel and Jane Och for numerous alterations and a significant addition to the main residence, as evidenced by CO's issued for the following: 1. Construction of a fireplace (and chimney) under a Building Permit previsüsly issued on April 12, 2004;ª9 2. Construction of a pool and spa under a Building Permit previously issued on April 16, 2001;20 3. Alterations, addition and a deck under a Building Permit previously issued on August 9, 2001;25 4. New pool house, two story stone deck, landscaping and fencing under a Building Permit issued on October 2000;== previously 20, 24 C.O.No. 9665. 55As indicated above, a thorough review of all Department fileswilltake place and thisreport Building willbe supplemented accordingly. 16C.O. No. 9666. 27PS&S Report, p.2. 18 C.O.No. 9667. 19 C.O.No. 16034, issuedJuly 18, 2006. 20 C.O. issued October 2007. No.27096, 2, 21 C.O. issued September 2008. No.27097, 4, == C.O. issued September 4,2008. No.27741, WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT 4476065.vi 11 Dolma Rd -0407 FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 06/11/2021 UDDY Page 4 June 2,2020 +FEDER LLP 5. Extension of the entry portico and new windows under a Building Permit previously issued on March 27, 1996;²3 and 6. Addition of a 2-story kitchen, family room, breakfast room and deck under a Building Permit issued on 1995.²4 previously July 25, The large-scale additions encompassed in these permitted alterations are as follows: • Large two-story addition to the eastern elevation of the north-south wing included the addition of a cylindrical sunroom and large elevated terrace that e-pass a significant portion of this facade. • Addition of a second floor, addition of a substantial chimney, change from shed to gable roof, reconfiguration of walls, relocation of windows, reconfiguring of garage door openings and alterations to masonry on the northern volume ofthe north-south wing. • Alteration of the entrance by a hood addition and relocation of historic entry doors. • Replacement of window sashes and doors throughout the residence. These numerous and significant modifications. to the main home resulted in the alteration of many of the original architectural features including the roof, dormers, windows, doors, exterior masonry, as well as an addition to the house. These alterations resulted in substantial changes to the historic appearance, volumetric organization and materials of the main residence.25 As discussed in further detail in the section addressing Criterich 4 below, these changes significantly compromised the architectural appearance of the main residence. Standard of Review When evaluating the historic significance of a property or structure for preservation, reviewing courts have repeatedly noted that the appropriate standard of review is clear and convincing evidence because such a determination adversely affects and impairs an owner's constitutionally protected property rights. In that regard, the Board of Trustees ("BOT") observed in itsDecision and Order reversing the denial of a COA for 53 Carman Road, dated June 22, 1999, as follows: While the preservation of the Village's history is a legitimate and laudable goal, there must be a delicate balance between individual property rights and the stated goal . . . the evidence must be substantial to outweigh individual property rights. [W]hen assessing whether a structure is entitled to protection because of itslocal historicalimportance, we believe the BAR willhave to impose an exacting standard of proof. In particular, we believe. 1) such a finding must rest upon more than uncorroborated, non-expert, or episodic testimony; and 2) factual inconsistencies must be supported by a preponderance of probative evidence. P. of and (emphasis added).26 3 4 concurring comments, respectively as C.O. No. 33180, issued 11, 2018. May 24 C.O. No- issued 11, 2018. 33181, May as PS&S Report, p.3;6-7. 26 A of the June Decision of the Board of Trustees the denial of the Board of copy 22, 1999 reversing ArcMte Pal Review ("BAR") and granting a COA to permit demolition of53 Carman Road isattached as WESTCHESTER I NEW YORK CITY ! HUDSONVALLEY I CONNECTICUT 4476065.vt 11 Dolma Rd -0408 FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 06/11/2021 UDDY eage5 June 2, 2020 +FEDER LLP Thus, when applying the criteria set forth in Section 182-5, in order to outweigh the individual rights of our client,a determination of historical importance can only be made where the property determination issupported by clear and convincing evidence. This submicsion demonstrates that the evidence provided does not support a determination of historical importance for the existing house and pool house at 11 Dolma Road and, as such, the COA for demolition of both structures, as well as the pool, must be issued. Criteria for Deterinining Historical Iniportance In order for there to be a lawful finding of Historical Importance, Village Code Section 182-5 requires as an initial matter a deliberate consideratics and affirmative deci=ion on whether a building: (i) has a level of significance in American history, architecture, archeology, engineering, or culture; (ii) has a location, design, or setting of Historical Importance; and (iii) is constructed of materials or by workmanship of Historical Importance. As demoñstrated herein, the home, pool and pool house are not uncommon or unique and certainly do not have any historical significance on any level. Furthermore, as detailed in the enclosed PS&S Report, and discussed in further detail below in the section addressing Criterion 3, the home at 11 Dolma Road does not possess any remarkable or masterful detailing or design elements for which the Gregory, was known.a7 this structure could never be architect, Indeed, singled out among the architect's finest works. The pool house was designed by an unknown architect, over half a century later in approximately 2001 and is ofsimplistic construction. While the main residence was mentioned in the Scarsdale Reconnaissance Level Cultural Resource dated 2012 ("Reconnaissance Survey"),=8 the Reconnaissance Survey Report, July 12, Survey, which highlights the significance of ñümerous other properties, does not provide any detail on what the significance is of11 Dolma Road. Further, there isnothing particularly unique about the design or setting of any of the structures on the Premises or their materials or workmanship. In fact, as discussed in more detail in Criterion 3 below, the large manor-like farmhouse design of the main residence at 11 Dolma Road was not the style of home Gregory was known for designing. Simply put, the main residence, pool and pool house at 11 Dolma Road do not possess the truly exceptional and special design criteria and masterful, irreplaceable workmanship required to meet the extraordinarily high public interest level required for a determination of Historical Importance standards and infringement upon private property rights. Thus, the main residence, Exhibit H. Please also note that in1999, appeals from the CHP were firstheard by the Board ofArchitectural Review ("BAR"). =7 PS&S Report, p.6. 28 The Reconn a4ecance was prepared Andrew S. Dolkart for the Villagein response to a Survey by competitive public bidding process. WESTCHESTER I NEWYORK CITY I HUDSON VALLEY I CONNECTICUT 4476065.v1 11 Dolma Rd -0409 FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 06/11/2021 UDDY Page 6 HDB June 2, 2020 LLP pool and pool house do not measure up under the prefatory paragraph of the criteria for determining Historical Importance in Section 182-5· The Evidence for 11 Dolma Road Does Not Satisfy the Criteria for Preservation in Section 182-s Assuming, arguendo, that there issomething historically important about the location, design, or setting of our client'shome or the materials or workmanship of which itis constructed (which there is not), Village Code Section 182-5 (A) requires an additional showing by en½tantial evidence in order to at least one of the five listed criteria under Village Code Section 182- satisfy 5(A)(1) through (5): (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 life of 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 values; or (5) That the building has yielded or may be likely to yield information important to prehistory or history. (Emphasis added.) As setforth herein, there is no substantial evidence to support a showing that any of the five criteria above are satisfied. Criterion #1 That the building is neeminud with events that have made a significant contribution to broad patterns of Village, regional, state or national history There is no evidence in the record that the main residence, pool or pool house at 11 Dolma Road are connected inany way to any event of significance to broad patterns of Village, regional, state or national history. Neither structure is associated with a single event or patterns of events that have made a significant contribution in history. The criteria for preservation in Section 182-5(A)(1) are modeled after similarly phrased criteriain a regulation promulgated under the National Historic Preservation Law. Accordingly, it is reasonable to look to the authoritative guidance published by the federal agency that adminieters the National Historic Preservation Law for insight into the application of the criteria set forth in Section 182-5(A)(1). The National Register Bulletin's "How to Apply the National Register Evaluation" Bulletin," Criteria for (the "National Register annexed hereto as Exhibit I) is instructive. Itprovides that to meet this criterion, the association of the structure with a pattern of events or a significant single event must be documented to not only have existed at the time of WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT 4476065.vi 11 Dolma Rd - 0410 FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 06/11/2021 UDDY Page 7 June 2, 2020 +FEDER LLP the events, but also must be documented as having been assõciated with these events. "A property isnot eligible ifitsassociations are speculative."29 This standard is consistent with this Board's determination that the evidence must be substantial and not speculative to outweigh an individual's property rights. There is no decamentation whatsoever that the main recidence or pool house on the Premises were ass0ciated with any of these events. Additionally, as explained in the Natioñãl Register Bulletin, a structure cannot merely be association" accaniated with a single event or pattern ofevents: it must have "an important with each event.so Aside from constructed on Dolma Road the there isno simply being during 1920s, record that the home specifically contributed to the development of Scarsdale as a suburban community. Merely claiming a home is significant because itis located on a particular street which "retains the ambiance of a prime suburban locale of the early twentieth century"s¹, does not mean itrises to the level eligiblefor protection. Further, we note that the main residence at 11 Dolma Road isnot listed on the National Register of Historic Places, NewYork State Register of Historic Places or Westchester County Invetitory of Historic Places. Accordingly, itis respectfully submitted that the structures at 11 Dolma Road do not meet this criterion for Historic Importance. Criterion #2 That the building is associated with the hfe of a person or persons of historical significance There is no evidence that main residence, pool or pool house at 11 Dolma Road were essueisted with the lifeof a person or persons of historical sigñificance. There isno indication that 11 Dolma significance." Road was owned by "aperson or persons ofhistorical The National Register Bulletin provides guidâñce on determining whether a property issignificant for itsassociative values: "This criterion is generally restricted to those properties that illustrate (Rather than a person's important achievementc."s2 commemorate) Early ownership of the property is evideñced from a review of the Westchester County Land Records and currently available Village of Scarsdale property records, which identify the undevelaped property being owned, in part, by developer and builder Walter J. Collet.ss The property, while undergoing development, was firstpurchased by W. Wallace Lyon in 1927. The 29 NationalRegister Bulletin 2, available at: https://www.nps.gov/subjects/nationairegister/upload/NRB-15 webso8.pdf. 3a National Register p. 12. Bulletin, sz Reconnaissance Survey, p 7-43. 32 National Register p. 14. Bulletin, 33Walter J.Collet was one ofthe major builders and developers in Scarsdale. WESTCHESTER I NEWYORK CITY I HUDSONVALLEY I CONNECTICUT 4476065.vi 11 Dolma Rd -0411 FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 06/11/2021 UDDY Page 8 June 2, 2020 +FEDER LLP Survey34 owners" Reconnaissance listed Lyon among the "wealthy of properties on Dohna Road, man" describing him in simple detail as a "Wall Street broker and insurance We respe±lully man" submit that a wealthy "insurance does not rise to the level of a person of historical significance. After Lyon's ownership, the property changed hands numerous times over the next 30 years, as stated above. Specifically, records indicate that the property was subsequently owned by Jack Burstiner and Max Goldstein, Norman Arons, and Edith Pope. Edith Pope acquired the property in i956 and lived there for almost 40 years. Available records are devoid ofinformation indicating that ofthese individuals were of historical significance or made contributions to history.as any any Most recently, prior to the Applicant's ownership, the property was owned by the Och family. While Daniel Och is a successful businessman and philanthropist, itis respectfully submitted he does not rise to the level of a person of historical significance. The main residence was constructed by the architect Gregory, however there is no evidence that Gregory ever owned 11 Dolma Road or lived at the property. Merely because Gregory designed the property and developed other properties in the surrmwing area does not rise to the level of being associated with a person of historical significance. owners' The record isdevoid of any information regarding the prior property contributions made to history. There isno indication that the property consmemorates an important achievement of any individual. This criterion is not satisfied and the main residence, pool and pool house at 11 Dolma Road are not associated with a person or persons of historical significance. Criterion #3 That the building is the work of a master Itis respectfully submitted that the main residence, pool and pool house at 11 Dolma Road are n_ot the work of a master. "Master" Section 182-2 of the Historic Preservation Law defines as: "A figure of generally recognized greatness in a field, a known craftsman of ec=- -·····mte or an anonymous skill, quality." craftsman whose work isdistinguishable from others by its characteristic style and Guidance from the National Register Bulletin statess6: A master is a figure of generally recognized greatness ina field, a known craftsman of consununate or an · anonymous skill, craftsman whose work is distinguishable from other by its characteristics style and quality. The property must express a particular phase in the development of the master's career, an aspect of his or her work, or a particular idea of theme in his or her craft. A property isnot eligible as the work of a master, 34 Reconnaissance Survey, p 7-43. as PS&S Report p. 2-3. 36 National Register page 20. Bulletin, WESTCHEsTER I NEWYORKCITY I HUDSONVALLEY I CONNECTICOT 4476065.vi 11 Dolma Rd - 0412 FILED: WESTCHESTER COUNTY CLERK 06/11/2021 03:29 PM INDEX NO. 54241/2021 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 06/11/2021 . UDDY Page 9 June 2, 2020 LLP however, simply because it was designed by a prominent architect. For example, not every building designed by Frank Lloyd Wright is eligible under this portion of criterion C, although it might meet other portions of the Criterion, for instance as a representative of the Prairie style. The work of an unidentified craftsman is eligibleif itrises above the level of workmanship of the other properties encompassed by the historic context. The National Register includes additional guidance on determining when this criterion ismet, providing that a building that is thework of a master must "rise above the level of workmanship period" of the other properties of the same and it must alsso embody "the distinctive characteristics of a type, or method of constráction that possess high artisticvalues."37 period, Main Residence "master" There isno evidence that