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Written by Joanne Wallenstein

Published: 24 October 2023

Created: 24 October 2023

Last Updated: 24 October 2023

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Here’s some more interesting news for those advocating for preservation in Scarsdale. Last week, the Committee for Historic Preservation denied an application to demolish a treasured home in “The Woods” section of Scarsdale, following an organized campaign from neighbors.

This week we learned that another home will be spared. In a ruling from the Westchester County Supreme Court, Judge Robert A. Neary upheld a decision by the Scarsdale Board of Trustees to deny an application to take down a mid-century modern home at 76 Birchall Drive. The homeowner, Howard Milstien planned to demolish the home, subdivide the property and build two new homes on the site.

After both the Committee for Historic Preservation and the Scarsdale Board of Trustees found that the home met the criteria for preservation, the owner, Howard Milstein of PIM Holding Company filed an Article 78 in State Supreme Court to appeal the ruling “on the grounds that the administrative decision was made in violation of lawful procedure; affected by an error of law; or arbitrary and capricious or an abuse of discretion.”

Milstein’s attorney, Troy D. Lipp of Cuddy and Feder contended that the Village's Historic Preservation Law “is unconstitutionally vague and overboard under the federal and state constitutions.” The Village of Scarsdale was represented by Nicholas M. Ward-Willis and Carina P. Zupa of Kean & Beane.

The decision says, “The Scarsdale Board of Trustees determined that the Petitioner- Plaintiff’s residence is "uniquely" historically significant in that it is a classic example of the mid-century modern movement and has retained its integrity despite the substantial record evidence confirming the significant changes and alterations to the residence and conclusions of the Village's own expert that the residence no longer possess integrity of its original design and, therefore, does not satisfy the Village's criteria for historic preservation.”

“The Board of Trustees additionally found that the residence is worthy of preservation because (architect) Zelnik was a master, and the residence is the work of a master, citing Zelnik's achievements and the letter in support of preservation from the President of the Bronx Chapter of AlA.”

Furthermore “The Board of Trustees engaged in the required balancing test and considered the relevant statutory factors, and their determination is supported by evidence in the record.”

The court said, “In the instant case, the Court finds that the BOT's determination to deny the appeal of the CHP's decision to deny a COA had a rational basis and was not illegal, arbitrary, and capricious or an abuse of discretion.”

“The Court finds that in the present case contrary to the Petitioner-Plaintiff s contention, the HPL (historic preservation law) is not unconstitutionally vague. The fact that different parties may disagree on the significance of certain statutory language does not indicate that the statute is unconstitutionally vague.”

“Therefore, based on the foregoing, the Petition is denied, and the matter is dismissed.”

The application was the subject of many meetings and neighbors amassed significant evidence to support a denial of the application. The architect’s grandson, Bryan Zelnik played a role in defending his grandfather’s legacy.

Bryan Zelnik, who is also an architect said, “I was happy to hear the news that the Supreme Court Judge decided to agree with the Trustees and the judge denied the petition and dismissed the case. This decision allows 76 Birchall Drive by Simon B. Zelnik FAIA to remain in Scarsdale's architectural history. The Dolkart report should be amended to include Simon B. Zelnik FAIA and his 76 Birchall Drive house as the first modern architect and the second Midcentury house in Scarsdale's modern history. The modern first house in Scarsdale was the 1948 Barricini House that Zelnik also designed and placed on the national stage where it belonged in the 1948 Architectural Forum article i uncovered in my research online.”

He continued, “I had several thoughts about the Supreme Court case decided by Justice Robert A. Avery. The judge acknowledged and cited my grandfather's achievements including his earned fellowships from the AIA in Design and Education along with importance of the 1948 Arch Forum Article I presented as documentary evidence to the CHP. The 1948 article the Judge highlights as one of Zelnik's achievements is "the feature of Simon Zelnik in the 1948 Architectural Forum issue that highlighted his forward thinking "modern luxury" architectural designs." It can be argued that Zelnik's Barricini house led to the future of modern residential luxury architecture and one of the first in the country.”

“I also wanted to note the recent article "Residents to Present Petition Calling for a Moratorium on Tear Downs and Subdivisions to Village Trustees" as a positive direction for the village. I hope that the preservation of 76 Birchall inspired this group to create a "mandate for change" and wish them luck in achieving their resolution. As an architect, I am a strong advocate for preserving the past if it satisfies the village code's criteria and documentary evidence is provided and not just consulting opinions against it.”

The issue was even covered in the Wall Street Journal in an article that sought to cast doubt on the status of Zelnik in the world of architecture. The piece, said, “You’d be forgiven for not knowing the name of Simon B. Zelnik, a respected-but-not-celebrity New York architect who died in 1980.” However, the article did not sway Judge Neary.

The ruling comes at a pivotal time for Scarsdale. After many homes have been torn down, properties subdivided and two oversized homes replacing one, some neighbors have had enough. A group has amassed over 300 signatures on a petition calling for a six-month moratorium on tear downs and subdivisions.

However, aggressive developers and homeowners continue to tear apart neighborhoods.

At the next meeting of the Committee for Historic Preservation on Tuesday November 14 at 7 pm, applications will be considered to tear down four more homes.

They are:Since the BAR denied an application to add a front facing garage and expand the footprint of 23 Autenrieth Road, the homeowner has now applied to tear down the home, built in 1911.

1) 46 Lincoln Road – Demo house built in 1954
2) 20 Carthage Lane – Demo house built in 1954
3) 23 Autenrieth Road – Demo house and detached garage built in 1911
4) 9 Ogden Rd – Demo house and detached garage built in 1952

Will the Scarsdale Board of Trustees act quickly enough to save these homes and bar the subdivisions which are often the next step?

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Written by Joanne Wallenstein

Published: 08 November 2023

Created: 08 November 2023

Last Updated: 16 May 2024

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A 200 year-old red oak tree on Autenreith Road. Photo Credit: Cynthia RobertsA campaign by neighbors to preserve a special street in Scarsdale Village was effective at swaying the Board of Architectural Review to deny development plans on Autenreith Road.

On Monday November 6, the BAR considered additions to two neighboring homes on the street. In both cases, applicants had filed plans to build 2 car garages in front of the homes, impinging on the sight line and uniformity of the street.

At the BAR’s October 2 meeting, the owners of 23 Autenreith Road had presented plans to build a garage in front of the house to preserve more of the backyard. The current garage is a freestanding one at the back of the property. After objections from neighbors, the BAR turned down the plan. Subsequently the owner submitted an application to the Committee for Historic Preservation to knock down the house if he was unable to build what he liked. But on Monday, he returned to the BAR meeting with plans to build the garage in line with the footprint of the home and that plan was approved.

Next door, at 21 Autenreith, an architect for a developer presented a similar plan. In this case there is an existing 2 car garage in the back of the property along with another 2-car garage underneath the house. The architect proposed to build a 2-car garage in front of the house instead, so that the space used by the driveway and existing garage in the rear could be repurposed.

His plans were met by an organized campaign by neighbors to reject them as they would have again destroyed the uniformity of the setbacks in the neighborhood, altered the façade of an historic 1910 brick Colonial, caused the removal of two trees and risked the roots of a 200 year-old oak tree who’s canopy is 72 inches in diameter.

Presenting his plans, architect Bill Witt said, “There’s a need for an attached 2-car garage as the current one is in the back. They also want a pool house so we are going to convert the existing garage to a pool house. The garage doors will be on the side so they will not be visible from the street. We will remove the gravel driveway as well as the underground garage.”

Neighbor Cynthia Roberts explained, “The existing house was built in 1910 with a freestanding garage in the back – big enough for two cars. There is another 2-car garage below. This home is the center of our neighborhood. There is a magnificent red oak in the front yard.”Magnolia in bloom on Autenreith Road, Photo Credit: Cynthia Roberts

Holding up her arms she said, “Look at the drip line for this tree. The root system will be disrupted by this garage. With the exception of the white oak tree, red oaks do more for our environment than any other tree. This plan will threaten it and cause an early demise of this tree. They take up hundreds of gallons of water. Where would you put the storm water retention basins? It’s a non-starter to build the garage in the front lawn. They also want to take down a magnolia and a weeping cherry. “

She added, “15 of the 18 homes on our street have free standing garages. Protect our trees. It is part of our neighborhood character.”

Eric Oja, from Oakwood Place said, “Scarsdale is a special place to live because of its aesthetics. I see orange tape around the magnolia tree, This is one of the largest and most beautiful magnolias in Scarsdale. Help us protect these trees with renovations that respect our trees. This would be an irreplaceable loss.”

Marcia Morton from Church Lane said, “I am appalled we are going to lose an oak tree. There is a lot of room in the back. The garage in the back could be moved. There is plenty of room for something in the back.”

Linda Eichen of 20 Autenreith Road said, “This is a beautiful house – why not just fix the drainage in the garage that is already there?”

Deborah Russel of 17 Autenreith Road said, we moved here in 1997 to a new house. The house was pushed back from the street. At the time the BAR did not allow homes close to the street.
Great care has been taken to see that the setbacks are maintained. The road is narrow. It would meaningfully alter our street. The tree is over 200 years old. Trees like these are to be valued.
The construction will have an adverse effect on the tree.”

Carolyn Mehta read a letter from neighbor Michelle Kaplan that said, “It’s a dancing tree that looks like it is about to take a twirl.”

Marty Blaustein of 20 Autenreith Road said, “Scarsdale is a tree city. It’s what attracts people here. I had to wait until a tree was dead, dead, dead before I took it down. I am concerned about the setback, the footprint and the escalation.”

Bill Roberts said he has lived on Autenreith Road for 24 years. He said, “Our street and neighborhood have some of the oldest homes in Scarsdale. In fact, during a prior discussion in 2007 of the house at 10 Autenreith Road, the BAR stated that our neighborhood is as close to an historic district as exists in Scarsdale. … Our house was built and lived in by George Harwood, a distinguished construction engineer who was one of the key designers of Grand Central Station. The Harwood Building is in the Village Center is named for him.”

About the former owner of 21 Autenreith Road he said, “Lucas Meyer was a history buff particularly about Scarsdale. The house as built in 1910 and there was substantial rancor between Republicans and Democrats. At the time, two prominent members of the community met at this very home and conceived of the Non-Partisan System.”

About the plans, he said, “The garage would extend well into the front yard, markedly altering the home’s appearance from the street and endangering a large, truly beautiful oak tree…. Beautiful, old things- like many of us- are worth preserving.

Madelaine Eppenstein of 18 Autenrieth Road said, “We are losing our tree canopy. Trees take care of runoff. Trees provide an enormous service to mitigate climate change. They must be preserved and protected.”

Anne Hintermeister said “These are very large, irreplaceable trees. Any project that would harm these trees should be rejected by the board.”

A realtor came to the podium and said, “I am speaking on behalf of realtors. Buyers today do not want a detached garage. Especially in this price point – or garages in the basement. The developer is not asking for the house to be taken down. The tree will remain. This sounds like a lot of bullying by neighbors. The house is going to be preserved.”

Marcia Morton defended the neighbors. She said, “Nobody is bullying. There is plenty of room in the side and the back. It’s not a problem and I am not a bully.”

Mr. Eichen said, “To put this plan up is a disrespect of the people who live there.”

Landscape architect Steve Lopez claimed, “The magnolia is seriously diseased and rotten. The cherry is 50 years old and is at or near its expected life. It could come down in a storm. The oak has a 15-foot radius. We will do our best to save it.” Roberts distributed color photos of the red oak and magnolia in full bloom.

BAR Chair Brad Cetron told the applicants that the plan was “visually discordant” and said, “The neighbors offer valuable feedback.” Turning to the board members he said, “I don’t think this will get approved.”

The application was held over.

2 Cooper Road

Later at the meeting, the BAR reviewed plans for a 9,400 square foot house at 2 Cooper Road with a 4-car garage and a pool at 2 Cooper Road. The house will sit on a subdivided lot on what was originally the front lawn of a historic mansion that remains. There are plans to build another house on the other side of the property.

The developer already clear cut many large trees from the property. The previous developer who appears to have sold or transferred the property, received a permit to cut down 32 trees.

The application comes at a time when the Village is experiencing considerable flooding and receiving pressure from the state to build affordable housing along the Metro North corridor.

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Written by Joanne Wallenstein

Published: 18 October 2023

Created: 18 October 2023

Last Updated: 16 May 2024

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A group of determined residents and a former Scarsdale Village Trustee swayed the Committee for Historic Preservation to deny an application to tear down a treasured home in “The Woods,” in Scarsdale at a hearing on October 17, 2023.

Though these meetings are usually poorly attended, approximately 50 neighbors turned out to speak in support of preservation of the house and their neighborhood which they called, “special, unique and historic.”

The application to raze 27 Woods Lane had been held over from a meeting on September 19, 2023 at which neighbor Jim Detmer and former trustee Jonathan Lewis urged the committee to deny the applicants.

In the intervening weeks, the committee asked Architectural Historian Andrew Dolkart for an opinion on the house which you can read here:

In his letter he reviewed the history of the Woods, the style of the Colonial Revival home, the setting and the large trees.

He concluded, “The period when 27 Woods Lane and the Woods subdivision as a whole were developed is exactly the time when Scarsdale was being transformed into one of the finest suburban communities in the NYC metropolitan region. Thus, the house exemplifies the architecture that reflects the key development in the broad pattern of Scarsdale’s history. …this subdivision retains its initial design integrity to a very high degree with all of the early houses appearing to largely retain their historic character. Thus, I conclude that this handsome house which could continue to be a comfortable home for a new family should not be demolished.”

Also in the intervening weeks, neighbors launched a petition on MoveOn to declare a six month moratorium on demolitions and subdivisions until laws could be rewritten to “modernize our codes and strengthen our governance to preserve our neighborhoods from overdevelopment.” The petition, which you can sign here, now has 238 signatures and residents plan to bring it to the Scarsdale Board of Trustees at their meeting on Tuesday October 24, 2023.

Representing homeowners John and Mary Jane Clerkin, who plan to sell the home to developers to subdivide the property and build two new homes, was architect Sid Schloman. He contended that the home was without historical merit. He pointed to design flaws in the symmetry of the front façade of the house and said that the original architects are unknown. He said that Cherry and Metz, a firm that did a renovation to the house were known for their religious structures, not homes. About the house he said, it is, “Quaint and cute but not an architectural masterpiece.”

Many residents were eager to express their views on the importance of the home in the neighborhood. Linda Killian of 1 Forest Lane said, 27 Woods Lane is a the beginning of a bend in a beautifully designed area, planned by a group of architects and developers over time. All it takes is one horrible development to ruin that. I see far too many teardowns and too many cookie cutter houses. I don’t want to have that happen in my neighborhood or in any other neighborhood. It is time that the interest of the residents become more aligned with the land use boards.”

Jim Detmer of 21 Woods Lane, who organized his neighbors and the petition said, “We are concerned about the evolution of our neighborhood… and concerned about a teardown and about aesthetics and land use. The demolition of this house would be a neighborhood loss and a community disaster. Read the conclusion of Dolkarts report. It embodies the specific criteria of a period and reflects the key patterns of the development of the Village. Part of the history of the Woods is land –-- large backyard, mature trees, a tall white oak and an enormous tulip tree. We can’t close our eyes to the topographical history of this area – they call it the Woods for a reason.”

Lisa Judson of 6 Woods Lane said she has lived in her house for 22 year. She said, “I understood that “The Woods” was a special area. 20 Woods is the original house. That house has a dock in the back over the Hutchinson River. That is an historic house. It was built before the Kensico Dam. Do not put more houses in this area – this is the 4th time in 5 years I have had to rebuild my basement.”

Jared DiPalma of Southwoods Lane said, “The Woods is truly a time capsule and a living museum of the Village’s vision for development and suburbanization between the 20’s and the 30’s. Since its development no home has ever been demolished from the original 1930’s plan and no new development has occurred in “The Woods” since the early 1960’s.”

Rita Piazza of 50 Woods Lane said, “I left notes for 6 years to get onto woods lane one of the most beautiful blocks in Scarsdale. It would be a terrible disservice to allow the construction of two homes there. People don’t want those identical twin homes.”

Linda Swann of 26 Tunstall Road said “We walk on Southwoods, Eastwoods and Woods Lane all the time. It is unspoiled – tearing down this house would spoil this area for us. Come to Tunstall Road – see what they have built on 25 Tunstall Road. If you allow one to be torn down, they use that as justification to tear down more. You say that’s outside the rules – then the rules need to be changed. There is no reason to take these houses except for someone else to make money – and they don’t even live here.”

Rick Birch of 52 Woods Lane said he moved here with his wife and two daughters in 2018. He said, “We were sold on the house when we drove up the road. That was it – before we got into the house.”

Jonathan Lewis of 56 Woods Lane said, “It’s been wonderful for me to listen to my neighbors who call the neighborhood “a time capsule and a living museum. It would be a neighborhood loss … it’s a work of art and it’s a beautiful house. When I look at the charter of the CHP – to preserve our neighborhoods – I am persuaded that Dolkart’s recommendation is exactly right. It could be a home for a new family. The tree arbor is part of our historical legacy. This is what we are trying to preserve – it exemplifies the suburbanization that makes Scarsdale great. It is the fulcrum of the neighborhood. I would encourage you to use your power to preserve our neighborhood – you have the power to save this – you have the power to save our Village from rampant development. Use your authority and save this home from demolition.”

Audrey Schwarz of 242 Madison Road said, “The Woods is a beautiful area. Its architectural sameness brings a higher value for all of their neighbors.” She asked, “If we petitioned to save the neighborhood could it be considered?”

CHP Chair Adam Lindenbaum repeatedly said “No that’s not our charter.”

After repeated pleas for changes in the law Board Member Kevin Reed suggested the residents go to the Board of Trustees with their concerns.

When a vote was called, Lindenbaum made a motion to the deny the teardown application which was seconded by Reed and approved unanimously by the entire committee.

Following the meeting Jonathan Lewis said, “Everyone who cares about preserving our neighborhoods should be proud of our village Committee for Historic Preservation. Tonight, Village Hall was packed with neighbors asking the CHP to protect 27 Woods Lane from demolition. The CHP listened and voted unanimously to preserve this gracious home that represents a unique period in Scarsdale History."

Our neighbors showed up in force and the message to our village government was clear - We are ready to stand up and fight to protect our village from over development.

Jim Detmer and I plan to attend next week’s Village Board of Trustees meeting to present our petition calling for a 6 month moratorium on teardowns and development. We think this action is absolutely necessary so our village code and governance structure can be modernized to ensure that our neighborhoods, historic vistas, and natural environment is protected for the next generation. We call on all neighbors who care about protecting the characteristics that make Scarsdale so special to join us."

Following the Woods Lane decision, the Committee approved three more demolitions.

The first was a 1914 garage and carriage house at 6 Cooper Road, that originally went with a historic house at 2 Cooper Road. The property has since been subdivided20 Heathcote Road will be torn down. and the structure stands alone on one of the lots.

It did not win unanimous approval. Committee members Jonathan Lerner argued that the 3,500 square foot carriage house should be preserved. He said, “Since the home at 2 Cooper was saved and this goes with the house I think it’s a shame that it be torn down.”

However developer Bobby Ben Simon, who owns two sides of the subdivided lot argued with him. He said, “The house was not preserved because of the decision of the board. You did not do your job – there was no reason to save the house. If there was one house that should have been preserved it should have been this.”

He was yelling and threatening and Lindenbaum warned him to calm down and respect the committee or the Board would leave the proceedings.

Ultimately they approved the demolition of the garage.

Also to be demolished is a 10,563 square foot home at 20 Heathcote Road, built by the Milstein Family. Joshua Lamberg of 4 Bethel Road says he will build a home there for his family. Though distinctive, the board did not find that the house met the criteria for preservation.

(Correction) It has come to the attention of Scarsdale10583.com that, at the time the large trees on the subdivided lot at Copper Road were removed (pictured above), Ben Simon no longer owned the lot.  Mr. Simon did not remove the trees as previously reported.Last a small stone and shingle house designed by Philip Resnyck at 1 Ardmore Road will also be razed. Arguing for the demolition, the applicant said ,“We have already taken down nine or ten houses on the block.” His argument for the application spoke to residents’ claims that once the board permits one house in a neighborhood to be torn down, it becomes the justification for many more demolitions.