Airmont zoning board grants variances for Saddle River Road house of worship, overrides county objections

The Airmont Zoning Board of Appeals voted 4-0 on Jan. 7, 2025, to grant variances that allow a proposed freestanding house of worship and an attached rabbi's residence at 454 Saddle River Road to proceed and to override several recommendations in a Rockland County Department of Planning letter, the board said.

The vote follows a public hearing in which the applicant presented site plans and studies, county agencies and local residents raised questions about wetlands, traffic and fire access, and consultants described revisions they will make to meet fire inspector and planning-board conditions.

The project is proposed on a 1.19-acre lot at 454 Saddle River Road in Airmont. The applicant seeks primary variances for floor-area ratio (FAR) and for parking spaces that would sit less than 10 feet from a property line. The proposal would accommodate seating for 88 women and 184 men, and the applicant says the design provides 45 parking spaces when 55 are required. The applicant requested a parking waiver and argued the FAR ambiguity in the village code supports a higher applicable FAR than some county reviewers assumed.

Dan Richmond, attorney with the law firm Zarin and Steinmetz, presented the application on behalf of the applicant and asked the board for an interpretation of the village code and approval of two variances. Rachel Dorese of Civiltech Engineering and Surveying PC and Joe Schwartz of Direct Building Solutions joined Richmond at the hearing and reviewed the site plan and technical work.

Richmond told the board the zoning table for the RR50 district refers freestanding places of worship to section 2-10-12.3 of the village code, which in turn refers to the FAR of the zoning district. He said that table contains different FAR numbers for different uses (0.2 for most uses and 0.4 for community residences and family group care facilities), and he argued that ambiguity should be construed in favor of the applicant. The applicant proposed a FAR of 0.44.

The applicant also requested relief for two parking spaces that would be 5.1 feet from the property line. Richmond and Dorese said those two spaces are for the rabbi's residence; the rest of the parking meets the standard setback.

Technical points discussed at the hearing included: - Traffic and parking: The applicant submitted a traffic/parking study prepared by Harry Baker. Richmond said the village traffic consultant, Nelson Pope, affirmed the study and that both consultants concluded the proposed 45 spaces will accommodate the projected demand; the applicant also said the planning board can consider a separate parking waiver of up to 25% under village code section 2-10-47(b. - Fire access and building height: The Muncie Fire Department provided a letter of no comment on file, but the village fire inspector issued follow-up items. The applicant's architect is revising plans so the building height to the eaves will be less than 30 feet, which the applicant said would avoid the requirement for an aerial-apparatus access road; the applicant also provided a fire-truck maneuverability plan and said the building will be sprinkled. - Wetlands and drainage: The Rockland County Drainage or Environmental reviewers requested confirmation of wetland status. The applicant submitted a report (Peter D. Torgerson, Environmental Sciences) stating no wetlands were observed on-site or on adjacent parcels and provided a plan showing distances to mapped flood/floodplain features; the applicant said the site is more than 100 feet from the flood-zone boundary cited by the county reviewer.

Public commenters offered both support and opposition. Chaim Rose, a resident who identified himself in the hearing, said the neighborhood lacks a nearby house of worship and described walking constraints for some Orthodox worshipers; he urged approval. Sky Knight Nassar, a nearby resident, opposed the project and cited environmental and safety concerns including proximity to wetlands, ancient trees, traffic congestion and an asserted 20-foot retaining wall and fence-height questions. The applicant and representatives disputed several factual points raised by opponents and said they were willing to work on landscaping, screening and drainage concerns with the planning board.

Rockland County Department of Planning sent a letter dated Dec. 12, 2024, pursuant to the General Municipal Law (GML) that listed several comments and an overall disapproval recommendation. The applicant asked the ZBA to override items 1, 3, 4, 8 and 9 of that letter and the overall disapproval. After discussion, the ZBA voted to override the cited GML comments and the county's overall recommendation.

The board then voted to grant the variances needed to allow the project to move forward. The variances approved included the requested relief for FAR (the applicant proposed 0.44) and a reduced parking setback of 5.1 feet for two spaces. Acting Chair Marty Camille announced the motion carried 4-0 and that the variances were approved.

The board and applicant repeatedly noted that approved variances do not remove other required approvals. Planning-board site-plan review, final landscaping and drainage plans, the village building inspector's sign-off, and the fire-inspector requirements remain outstanding. The applicant said it will supply revised architectural elevations to show eave heights under 30 feet, finalize the fire-truck maneuverability drawings, and comply with planning-board conditions.

The ZBA record for the action includes the application materials, a negative environmental declaration received Dec. 18, 2024 (SEQR), the traffic and parking study, and correspondence from the Muncie Fire Department and Rockland County agencies. The planning board will receive the application for further review and any conditions required by the village or county agencies will be incorporated at that stage.

The ZBA's approvals allow the applicant to proceed to the planning board and to pursue required building permits once outstanding technical conditions are satisfied.