|
RCBJ-Audible (Listen For Free)
 |
Viznitz’s Application Pending Before Upper Nyack Planning Board; Applicant Says Special Permit Same As Granted To Nyack College
When the Yeshiva Viznitz Dkhal Torath Chaim Inc. (Viznitz) purchased the 107-acre Nyack College Campus in South Nyack 2020, it also acquired the former Alliance Theological Seminary at 350 North Highland Avenue in Upper Nyack.
Nyack College sold its campus, for $45.5 million. The then-controversial purchase by the Yeshiva group instigated public upheaval, inadvertently leading to the 144-year-old Village of South Nyack dissolving and becoming part of the Town of Orangetown. Fear over future development on the 107-acre former Nyack College campus, and the potential cost of fighting land-use lawsuits, ultimately swung many of the village’s 1,982 registered voters to break with their long heritage in favor of gaining the financial muscle of Orangetown.
Not long after, Viznitz applied to the Village of Upper Nyack for a Special Permit to operate a college at the former seminary complex for religious Jewish education for 250 college students, a use Viznitz characterized as identical to the previous use when the building was owned by Nyack College. However, a pandemic-related building moratorium in place at the time prevented the application from being reviewed. In September 2021, Viznitz sought an exemption from the moratorium, claiming it the group from operating its school and violated its free exercise of religion.
Now, Viznitz has a new plan for the seminary building: a Jewish Day School for 440 students and 90 staff. The school would be operated by Spring Valley-based Congregation Ramapo Cheder, and provide education six days a week (Sunday through Friday), serve breakfast to students, and close for Jewish holidays and summer recess.
Ramapo Cheder and Viznitz have applied to the Village for a Site Plan approval and Special Permit to operate the school. The property spans 35 acres, 15 of which are located in the Town of Clarkstown. In Upper Nyack, the property straddles two zoning districts, the OB (Office/business) and the R-80 (Conservation) zones.
Viznitz is applying to the Village’s Planning Board for a Special Permit to operate the school, which according to the applicant, had previously been given to Nyack College to operate a Seminary at that location. The applicant appeared at Upper Nyack Planning Board meeting in April to present its plans. At that time, the Planning Board requested additional information, and no action was taken. Because of the nature of the application — reuse of an existing building — there is limited environmental review available under New York’s State Environmental Review Act (SEQRA).
The plan calls for some exterior upgrades to the existing building and an interior renovation of the 57,000 square foot, two story building to accommodate use as a day school.
The application says its prior 50-year use as an educational facility, its proximity to Nyack High School, the existing infrastructure make it eligible for a Special Permit, particularly when compared to other potential permitted uses for the site, which the applicant avers would be more intensive than the operation of the day school.
Rockland County Department of Planning noted the Village should consider whether secondary access to the site should be required, per the Village Code, or whether a variance should be considered.
Another variance may be required for development coverage – the percentage of building coverage as compared to developable land – which currently exceeds that Village’s upper limit of 10 percent. The proposal calls for development coverage of 17.68 percent, coverage similar to what the Village previously approved for Nyack College.
Concerns were also raised by local residents at a Planning Board meeting about traffic and school buses on Route 9W in proximity to Nyack High School which already generates student, staff and bus traffic. The applicant is required to provide a traffic study addressing these issues, and the Planning Board has retained an independent traffic engineering consultant (Stonefield Engineering) to review the applicant’s study and its conclusions.
Both New York State and federal law (RLUIPA) requires municipalities to be flexible in the application of their zoning code to educational and religious uses. These laws generally apply to Special Permits and variances.
Because part of the parcel sits in the Town of Clarkstown, it must also have an opportunity to review the application. And because the property borders the Village of Nyack, it will also have an opportunity to weigh-in on the impacts to Nyack.
Viznitz closed on the property in 2020, though the Upper Nyack Seminary has sat vacant since being acquired.
