Neighbors sue Ramapo ZBA for approving larger houses in Albert Drive neighborhood

MONSEY - The Albert Drive neighborhood has long been a fixture of Ramapo's single-family home character.

But neighbors argue their comfort zone is threatened by the Zoning Board of Appeals approval of two higher-density housing projects they claim in nearly identical legal actions are illegal and will alter their neighborhood.

The ZBA has approved variances allowing the construction of two-family buildings with accessory apartments on undersized parcels at 15 and 21 Albert Drive. The properties are half the allowable size under zoning, according to two Article 78 legal actions looking to block the approvals.

The legal actions argue town zoning mandates 20,000 square feet of land for two-family housing with an accessory apartment, with room for parking and recreation. The ZBA approved the re-developments on just more than 10,000 square feet.

ZBA rejected initial requests

Attorney Kevin Conway, representing neighbors in both legal actions, said the ZBA has routinely denied variances involving parcels of 16,000 square feet.

"Both parcels are grossly undersized for what's been proposed," Conway said. "What would happen is the buildings take over the entire area of the sites. There would be parking in the front yard, not permitted under the town code, and no recreation space for kids. These will be mini apartment buildings crammed into a single-family residential area."

One of the issues cited by the legal action is the ZBA rejected the redevelopment of 15 Albert Drive in 2023 but in March approved variances for the same project. The ZBA also had rejected a similar proposal for 16 Albert Drive, Conway said.

The difference between the two proposals at 15 Albert Drive is the second one reduced the percentage of the inside floor area, compared to the total lot area, from 72% to 69%. The board approved a similar redevelopment of 21 Albert Drive in recent weeks.

The legal actions state that the ZBA turned down the first redevelopment of 15 Albert Drive because it would "otherwise alter the character and usage of the neighborhood of single-family homes." They say the new application offered no new information.

So Conway said that in both cases, the ZBA members reopened the public hearing for the developer of 15 and 21 Albert Drive to provide additional information but improperly declined to hear a rebuttal from the residents.

The ZBA approval was illegal and unduly influenced by the developer, according to the legal actions filed on May 13 with the New York State Supreme Court in New City.

Neighbors say homes would be too big

Conway filed the Article 78 actions on behalf of neighbor Rochel Weinfeld against the ZBA members and developers David Slomiuc of 15 Albert Drive and Yosef Kohn of 21 Albert Drive.

Ramapo Supervisor Michael Specht referred questions on the legal actions to Alyssa M. Slater, the town's first assistant town attorney. Specht and the four other Town Board members appoint the ZBA and other land-use board members, while the Town Attorney's Office represents the boards and can offer advice on zoning and planning matters.

Slater said Tuesday in an email response that the construction of a two-family house with an accessory apartment is a use permitted by right under the town's zoning laws. The ZBA decides variances from the code.  She said several two-family and multifamily homes exist on Albert Drive and in the area.

She rebuffed suggestions the town is allowing overbuilding on parcels, and the ZBA exists to consider requests from variances from the code.

"The Zoning Board of Appeals is an independent body that makes independent decisions," Slater said. "The ZBA conducts a balancing test to determine if a variance should be granted."

According to court papers, the ZBA members found that the variances sought for Albert Drive houses were not substantial and would not produce an undesirable change to the neighborhood.

Neighbors disagree on the effect on the neighborhood

Neighbor George Amsel wrote the ZBA chair, Charlene Weaver, that he questioned the legality of the board's vote and decision. He said the board approved variances based on the developer using photos to show the project would not affect the neighborhood but did not allow the public to see the photos.

"Doesn’t the ZBA have the responsibility to protect the neighbors before granting an investor, not a resident, the permit to build a building ... grant so many variances that were denied by the building inspector?" Amsel wrote.

Weinfeld felt the ZBA members disregarded the concerns of the neighbors.

"The ZBA knows our opposition very well yet they let this pass," she said in an email. "We feel like there is no justice; citizens are not heard."

According to court papers, the developers and residents testified before the ZBA before approval.

"This is an aging neighborhood," Weinfeld said. "As people age, accommodations need to be made so that they can continue to function in their lives. There is no justification for compromising the lives of the majority of the neighborhood to support this project that would change the character of our neighborhood."

Developer: 'I am no different than my neighbors'

The developer, David Slomiuc, of 230 Remsen Ave. in Monsey, said he bought 15 Albert Drive with his partner, Joshua Spitzer. He said Spitzer plans to live in the house with his family.

"I'm asking the board to approve the property according to the law and according to other affordable projects on the same lot," Slomiuc said, according to court papers.

Spitzer, a resident of Edison Court, said that when he spoke to neighbors before buying the property, they approved.

"My family needs more room to live," Spitzer told the board. "I am not asking for anything less or anything more than what is already on the block. I am no different than my neighbors."

Neighbors said the developers bought the houses knowing the zoning so they can't claim a financial hardship to get variances.

Earnest Schlesinger of Sylvan Lane said, "We have only single-family homes on this block and all the surrounding houses along where we live and we want to keep it that way. We want to keep the neighborhood a beautiful neighborhood."

Ramapo has approved other higher-density projects despite some opposition

Other single-family neighborhoods including in several Orthodox Jewish areas, have rebuked the town for allowing redevelopment of higher-density housing. Town officials have supported large housing complexes, voting for higher density zoning projects like Patrick Farm, Pascack Ridge, Viola Estates, and Miller's Pond, the former Minisceongo Golf Course.

The Pascack Ridge and Patrick Farm developments are stalled by legal actions, while neighbors went to court to force the Viola Estates developers and Ramapo to close illegal apartments added after approvals.

Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@lohud.com Twitter: @lohudlegal

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This article originally appeared on Rockland/Westchester Journal News: Ramapo NY sued over variances approved for larger houses