September 11, 2020
By E-Mail and Hand Delivery
Mr. Garrett Duquesne Commissioner of Community Development and Conservation Town of Greenburgh 177 Hillside Avenue Greenburgh, NY 10607
Re: 1880 Saw Mill River Road (Section 7.520, Block 311, Lot 1)
Dear Garrett:
As you know, our Firm represents the Durga Temple of Westchester (“Client”). Our Client is in the process of purchasing the property located at 1880 Saw Mill River Road (Section/Block/Lot 7.520-311-1) (“Property”), located in the R-20 One-Family Residence District. Our Client intends to improve the existing home on the Property, which is in a state of disrepair, and utilize it as a Hindu Temple (“Project”).
The Project will comprise alterations to the inside of the existing vacant, deteriorated structure, including the creation of a prayer hall, a dining room, and an apartment for a member of the clergy. In addition, alterations will be made to the existing parking area, a lift will be installed at the front of the structure to allow for accessibility, cosmetic changes will be undertaken to the exterior of the structure, and a gazebo will be constructed on the Property. The associated Site Plan, Floor Plans, and Elevation illustrating these proposed improvements, along with a Survey, are enclosed for your review. No other improvements are planned for the Property.
Pursuant to Section 285-10A(1)(e)[2] of the Town of Greenburgh Zoning Code (“Zoning Code”), places of worship are to be set back at least 100 feet from any street or lot line. As shown on the enclosed Site Plan and Survey, the existing home on the Property is located 53 feet and 1 inch from the westerly property line. This is a result of the fact that there is a lot located between the Property and the Saw Mill River Road, comprising the New York State Department of Transportation’s frontage along the Saw Mill River Road. This lot is approximately 94 feet and Mr. Garrett Duquesne September 11, 2020 Page | 2
11 inches deep, as measured from the curb of the Saw Mill River Road to the Property’s westerly property line. As a result, our Client requires an Area Variance for the setback from its westerly property line. Thus, we respectfully request the necessary denial from the Building Department in order to proceed with an application for an Area Variance, with a request that we be placed on the Agenda for the Zoning Board of Appeal’s October Meeting. As a part of this request, a formal application to the Zoning Board of Appeals will be filed.
Additionally, we kindly request that Town Building Inspector, the Town Engineer, and the Secretary to the Planning Board conclude, as permitted under Section 285-56(D) of the Zoning Code, that the proposed Project will not substantially intensify the use or substantially modify the Property, and therefore be exempt from Site Plan review.
Examining the criteria for this exemption, it is our belief that the proposed Project qualifies for this exemption. To reiterate, pursuant to Section 285-56(D), Site Plan review is exempted for projects that:
will not substantially intensify the use or substantially modify the site with respect to generation of traffic, pedestrian movement, parking needs, noise, glare, exposure to hazard from fire or flood, utilization of water supply, sanitary sewer, drainage or other utility system and will not in any other way have a substantial impact upon the character or environment of the surrounding area…
Each of the above criteria are analyzed below:
Traffic, Pedestrian Movement, and Parking Needs
As to the generation of traffic, it is true that the Project, as proposed, can be utilized by up to 36 persons, including by up to two persons in the residential apartment (this assumes an unlikely scenario that the prayer house, which can contain up to 28 persons, and the dining room, which can contain up to six persons, are both fully occupied). However, many parishioners car pool to our Client’s current facility in Sleepy Hollow. Furthermore, parishioners will access the Property via the existing driveway during the Temple’s hours, which are currently Tuesdays from 6:00 p.m. to 8:00 p.m. and Saturdays and Sundays from 10:00 a.m. to 6:00 p.m. - minimizing any impact on the Property or the surrounding area. In addition, the only pedestrian activity would be by those enjoying the gazebo, which will be utilized by a few parishioners at a time. In regard to parking, nine parking spaces are currently provided on the Property and only nine are required for the proposed use under Section 285-38(E) of the Zoning Code. The parking area will be expanded by approximately 1,750 feet. However, the number of provided spaces is not increasing, and this expansion will not encroach into any steep slope.
Noise and Glare
The bulk of the improvements associated with the Project will take place on the inside of the existing, dilapidated home. The cosmetic improvements planned for the outside of the structure, as well as the erection of the gazebo, will use tasteful materials that do not contribute Mr. Garrett Duquesne September 11, 2020 Page | 3
to glare. Meanwhile, the improvements undertaken will ensure that no noise nuisance is created during worship services and related activities, which again will only take place on Tuesday evenings and Saturdays and Sundays during the day. Any noise-related impact will also be mitigated by the significant setbacks of the existing building from the surrounding residences.
Exposure to Hazard from Fire or Flood, Utilization of Water Supply, Sanitary Sewer, Drainage, or Other Utility System
No special risk from flooding or fire is associated with the Project. All fire safety and other building code requirements will be conformed with. Furthermore, the nature of the proposed use, comprising of intermittent worship and associated activities, and one accessory residential apartment, will have no significant impact on the utilization of the water supply, sanitary sewer, drainage, or other utility systems.
Impact on the Character or Environment of the Surrounding Area
The nature of the proposed use, with its intermittent activities in an improved, existing building, will have no significant impact on the character or environment of the surrounding area. This conclusion is reinforced by the fact that the number of existing parking spaces will not be increased, and that parishioners will access the Property from Saw Mill River Road. Furthermore, the significant setbacks of the existing building from surrounding residences will minimize any impact on the surrounding area. It should also be noted that there are several places of worship within approximately 2,800 feet of the existing building, including the Woodlands Community Temple, St. Joseph Arimathea Episcopal Church, and First Community Church of the Nazarene.
Reflecting on the above facts, we respectfully request that the Project be exempted from Site Plan review. We submit this request in light of the flexibility provided to religious land uses when conforming to zoning requirements, as stipulated under federal and state law.1
We appreciate your review of this request. If you have any questions, please do not hesitate to contact me at (914) 393-7050 or at [email protected]. Meanwhile, as noted, we respectfully request a Building Permit denial, which will enable us to complete our application for an Area Variance.
1 See 42 U.S.C. § 2000cc et seq., “Religious Land Use and Institutionalized Persons Act”; Capriola v. Wright, 73 A.D.3d 1043, 900 N.Y.S.2d 754, 756 (2d Dep’t 2010); Islamic Society of Westchester and Rockland, Inc. v. Foley, 96 A.D.2d 536, 464 N.Y.S.2d 844, 845 (2d Dep’t 1983). Mr. Garrett Duquesne September 11, 2020 Page | 4
Respectfully submitted,
ZARIN & STEINMETZ
By: ______David S. Steinmetz Maximillian R. Mahalek cc (via e-mail):
Steven Fraietta, Building Inspector Timothy Lewis, Town Attorney Om Dhiman Tom Abillama, AIA
Encls.
ADDRESS 1880 SAW MILL RIVER RD. WHITE PLAINS , N.Y
ZONING DISTRICT R-20, Executive park related uses
STRUCTURE /SITE USE ONE FAMILY / TEMPLE STRUCTURE
COVERAGE REQUIREMENT
PERMITTED EXISTING PROPOSED LOT AREA 87120 SF 89350 SF ± 89350 SF ± SAWMILL BUILDABLE LOT AREA - - - RIVER PRINCIPAL BUILDING COVERAGE 18% 2.25% 2.25% (IN PERCENT) (16083) SF (1950) SF (1950) SF HYD ROAD ACCESSORY BUILDING COVERAGE U.POLE 4.5% - 0.4% (IN PERCENT) (4020.75)SF 372 SF TOTAL GROSS FLOOR AREA 11,214 SF 3900 SF 3900 SF U.POLE YARD SETBACK- PLACE OF WORSHIP MAVADAM U.POLE FRONT (IN FEET) 100 FT 245'-9" 245'-9" NO. REV. DATE DRIVEWAY U.POLE ONE SIDE (IN FEET) 100 FT 53'-1" 53'-1" * PROPOSED HOUSE OF OWNER: 94'-11" TOTAL OF TWO SIDE (IN FEET) CONCRTE PATIO 200 FT 298'-10" 298'-10" WORSHIP CONVERSION HYD PROPOSED 9 CAR PARKING LOT DRIVEWAY REAR (IN FEET) 100 FT 136'-4" 136'-4" IN EXISTING UNPAVED PARKING AREA
YARD SETBACK- ACCESSORY STRUCTURE 383.61'(DEED) N 27° 57' 42" E N 31° 21' 30" E 63.88' 182 285.44' N 36° 26' 23" E N 28° 29' 02" E TO PRINCIPAL BUILDING (IN FEET) 10'-0" - 92'-3" 184 72.14' MAVADAM
53'-1" SIDE (IN FEET) 16'-0" - 62'-6" PROPOSED LIFT 186 188 PARKING/DRIVEWAY SETBACK PROPOSED GAZEBO 47'-10" 190
REAR (IN FEET) 16'-0" - 16'-0" A=10° 192 WOOD STEPS .67'
25' MAVADAM SIDE (IN FEET) 16'-0" - 47'-10" R=503 CONCRTE 16'-0"
91 PATIO
41 L=
62'-6"
.04" .67' 194 HEIGHT, PARKING SPACES, LOADING AREA WALL
133'-10" W TOTAL PARKING SPACES 92'-3" UNDER 9 9 9 30" DRIVE 196 38' NO. OF STORIES 2 1/2 STORIES2 1/2 STORIES2 1/2 STORIES PATIO 58°
GARAGE N WALL TOTAL HEIGHT(IN FEET) 35 FT 27 FT 27 FT
CONCRTE
PATIO WALL . 198 * VARIANCE REQUIRED 245'-9" WALL
CONCRTE ST WALL 136'-4" FRONT YARD SETBACK 200
W CONCRTE
30" REAR YARD SETBACK202 .09' 38' WALL 204 199
58° PROPOSED STAIR N 206
. 208
SHED
ST 210
WINDOM 214 212 STONE .00' WIDE 100
50' 220 216 218 224 222 Tom S 31° 21' 30" W 131.25' S 31° 21' 30" W 226 100.0' Abillama 228 Architects
230 126'-9" 1955 CENTRAL PARK AVENUE 232 YONKERS, NEW YORK 236 234 238 PHONE: 914 6684673 FAX: 914 668 1831
S 31° 21' 30" W EMAIL: [email protected] 181.25'
3 4 5 6 7
SEAL
SITE PLAN 1 N Scale: 1" = 30'-0"
KEY PLAN Proposed Conversion to House of Worship
1880 SAWMILL RIVER RD. WHITE PLAINS, NY
PLOT PLAN
Project ID / DATE : 2037/ 7.16.2020 Sheet Scale: A.1
GOOGLE MAP GIS MAP PROJECT SITE Drawn By: AM Checked By: TFA Plot Date: JULY 15,2020 7'-2"
14'-7" 5'-10" 13'-2" 7'-0" 6'-11"
6'-6" 6'-10" 6'-11" 12'-3" 9'-10"
13 R UP 15'-3" 18'-0"
25'-4" NO. REV. DATE
14'-2"
24'-2" OWNER: 7'-5"
3'-0" 3'-4" 11'-6" 3'-8" 5'-7" 14'-2" 3'-11" SLOPED ROOF 3'-6" SLOPED ROOF 13'-5"
14'-8"
4'-6" 11'-11" 10'-2" 17'-9" 9'-7"
8'-0" 5'-9" 7'-2"
1ST FLOOR PLAN 2ND FLOOR PLAN 1 2 Scale: 1/4" = 1'-0" Scale: 1/4" = 1'-0"
Tom Abillama Architects
1955 CENTRAL PARK AVENUE YONKERS, NEW YORK
PHONE: 914 6684673 FAX: 914 668 1831 EMAIL: [email protected]
36'-0"
SEAL
KEY PLAN Proposed DN Conversion 10 R to House of Worship
1880 SAWMILL RIVER RD. WHITE PLAINS, NY
EXISTING FLR. PL.
ATTIC FLOOR PLAN 3 Project ID / DATE : 2037/ 7.16.2020 Scale: 1/4" = 1'-0" Sheet Scale:
A.2
Drawn By: AM Checked By: TFA
Plot Date: JULY 15,2020 49'-2"
DEITIES
NO. REV. DATE PRAYER HALL ROOM AREA=1188.35 SF NET FLOOR AREA: 840 S.F. 24'-2" OWNER: BASED ON 30 SF PER PERSON:
(OCCUPANCY TOTAL: 28 PERSONS) DINING 30'-4"
OCCUPANCY: 6 PERSONS
13'-2"
12'-11" REF. SINK
UP SINK 5'-0" COATS WASHROOM WASHROOM 5'-9" 5'-9" 7'-0" 5'-9" 7'-2" 7'-9" 7'-0" 10'-2" RANGE
1ST FLOOR PLAN 1 Scale: 1/4" = 1'-0" Tom Abillama Architects
1955 CENTRAL PARK AVENUE YONKERS, NEW YORK
13'-2" PHONE: 914 6684673 FAX: 914 668 1831 EMAIL: [email protected]
BEDROOM 9'-6"
PRAYER HALL SEAL 5'-0" AREA=1188.35 SF BATH OPEN TO BELOW 3'-4" 7'-0"
SINK RANGE REF.
13'-2" KITCHEN KEY PLAN Proposed PRIEST'S APART. Conversion 12'-11" to House of OCCUPANCY: 2 PERSONS 15'-1" Worship
LIVING 1880 SAWMILL RIVER RD. WHITE PLAINS, NY UP
PROPOSED FLOOR PLAN
Project ID / DATE : 2037/ 7.16.2020 2ND FLOOR PLAN Sheet Scale: 2 Scale: 1/4" = 1'-0" A.3
Drawn By: AM Checked By: TFA
Plot Date: JULY 15,2020 NO. REV. DATE
OWNER:
Tom Abillama Architects
1955 CENTRAL PARK AVENUE YONKERS, NEW YORK
PHONE: 914 6684673 FAX: 914 668 1831 EMAIL: [email protected]
SECTIONAL ELEVATION 2 Scale: 1/4" = 1'-0"
FRONT ELEVATION 1 Scale: 1/4" = 1'-0"
SEAL
KEY PLAN Proposed Conversion to House of Worship
1880 SAWMILL RIVER RD. WHITE PLAINS, NY
ELEVATION
Project ID / DATE : 2037/ 7.16.2020 Sheet Scale: A.4
Drawn By: AM Checked By: TFA
Plot Date: JULY 15,2020 NO. REV. DATE
OWNER:
July __, 2020
By Overnight Mail
Mr. Steven Fraietta Building Inspector Town of Greenburgh 177 Hillside Avenue Greenburgh, NY 10607
Re: 1880 Saw Mill River Road (Section 7.520, Block 311, Lot 5)
Dear Steve:
Our Firm has been contacted by a potential client (“Client”) who is interested in purchasing the property located at 1880 Saw Mill River Road (Section 7.520, Block 311, Lot 5; “Subject Property”), located in the R-20 (One-Family Residence) District, for use of the existing building located on the Subject Property (“Existing Building”) as a Hindu Temple.
We are writing to you to confirm that the Existing Building conforms with the setback requirement found under Section 285-10(A)(1)(e)[2] of the Town of Greenburgh Zoning Code (“Zoning Code”). As you know, places of worship are permitted by right in the R-20 District, pursuant to Section 285-12(A)(1) (citing to the list of permitted uses found in Section 285- 10(A)(1)). In addition, pursuant to Section 285-10(A)(1)(e)[1], places of worship are to be located on lots with a minimum area of two acres and, and pursuant to Section 285-10(A)(1)(e)[2], “[n]o building shall be nearer than 100 feet to any street line or lot line.”
The Subject Property is approximately 2.11 acres in size, satisfying the pertinent minimum acreage requirement. As shown on the enclosed Survey, the Existing Building is setback 122.1 feet from the Saw Mill River Road (New York State Route 9A, “State Road”), while it is setback 53.1 feet from its western lot line. This is because the State Road’s right-of-way encumbers a substantial amount of the physical setback. Tom Abillama Architects
1955 CENTRAL PARK AVENUE YONKERS, NEW YORK
PHONE: 914 6684673 FAX: 914 668 1831 Mr. Steven Fraietta EMAIL: [email protected] ______July __, 2020 Page | 2
We believe that the Existing Building’s significant setback from the State Road nonetheless satisfies the setback requirement for places of worship found in Section 285- 10(A)(1)(e)[2] of the Zoning Code. The Existing Building’s 122.1-foot setback from the State Road is significantly greater than the 100-foot required setback. Meanwhile, the Existing Building’s 53.1-foot setback from its western lot line is only a technicality - a result of the fact that the western lot line itself is setback 94.9 feet from the Road. We also note that Existing Building’s significant physical setback promotes the various purposes of the Zoning Code as articulated in Section 285-2, including preserving residents’ privacy, enhancing the appearance of the Town, and protecting natural features.
In addition, Section 285-10(A)(1)(e)[2] of the Zoning Code reads: “[n]o building shall be nearer than 100 feet to any street line or lot line” (emphasis added). In light of the SEAL flexibility provided to religious land uses when conforming with zoning requirements, as articulated under federal and state law,1 we believe that the word “or” found in Section 285- 10(A)(1)(e)[2] should be interpreted with the requisite leniency as to provide our Client with the option of 1) being setback 100 feet from the Subject Property’s western lot line, or 2) being setback 100 feet from the State Road, the latter requirement which has been satisfied by the Existing Building.
We kindly seek a confirmation of our understanding that the Existing Building conforms with the setback requirement found under Section 285-10(A)(1)(e)[2] is correct. If you have any questions, please do not hesitate to contact me at (914) 393-7050 or at david@zarin- steinmetz.com. KEY PLAN Respectfully submitted, Proposed ZARIN & STEINMETZ Conversion to House of
By: ______Worship David S. Steinmetz Maximillian R. Mahalek 1880 SAWMILL RIVER RD. WHITE PLAINS, NY Encl.
CODE
1 See 42 U.S.C. § 2000cc et seq., “Religious Land Use and Institutionalized Persons Act”; Capriola v. Wright, 73 A.D.3d 1043, 900 N.Y.S.2d 754, 756 (2d Dep’t 2010); Islamic Society of Westchester and ANALYSIS Rockland, Inc. v. Foley, 96 A.D.2d 536, 464 N.Y.S.2d 844, 845 (2d Dep’t 1983).
Project ID / DATE : 2037/ 7.16.2020 Sheet Scale:
GOOGLE MAP A.5
Drawn By: AM Checked By: TFA
Plot Date: JULY 15,2020 NO. REV. DATE
OWNER:
Tom 1750± SF LAND DISTURBED IN LESS THAN 15% SLOPE AREA Abillama Architects
1955 CENTRAL PARK AVENUE YONKERS, NEW YORK
PHONE: 914 6684673 FAX: 914 668 1831 EMAIL: [email protected]
SEAL
KEY PLAN Proposed Conversion to House of Worship
1880 SAWMILL RIVER RD. WHITE PLAINS, NY
SITE SURVEY
Project ID / DATE : 2037/ 7.16.2020 Sheet Scale: A.6
Drawn By: AM Checked By: TFA
Plot Date: JULY 15,2020