Summer Camp Proposes Year-Round Operation

Edward and Kevin Gersh are seeking to obtain permission to operate a Montessori school at their property on Sweet Hollow Road.

They came with an army of supporters to a Board of Zoning Appeals hearing Thursday who were identified by large, white lapel pins that read simply: West Hills Day Camp.

Atttorney Thomas Abbate said that the Gershs, who have owned and operated the summer camp since 1954, were only before the board to comply with a 1997 special-use permit requiring them to come before the BZA for any changes to the operations whatsoever.

"The day camp currently operates for less than 40 days per year," Abbate said. "The Gersh family has also operated a Montesorri school for many, many years at a different location but have lost their lease and, hence, need to relocate. Consequently, day camp site is ideally suited for this school."

One portion of the 16.7-acre property are located in the R-80 zoning district, while another is in the R-5 portion.

Abbate said that the Montessori school, which is allowed by right of the zoning, would be far less intensive than the day camp, despite its proposed 10-month operating schedule.

"The proposed Montessori school is far less intensive," he said. "No new construction is required. And school would not overlap day care camp."

Kevin Gersh testified that, while the summer day camp operates with 55 buses, the school would only require 10 buses for 75 students.

Abbate said the applicant is also seeking to keep a soccer field with a deck located in the R-5 section.

In addition to what Board Chair Christopher Modelewski called "the button people,"several supporters testified at the public hearing in support of the school.

Solomon David, a resident of Sweet Hollow Road, for one, said that he strongly supports it because it's existence "keeps the sex offenders away."

Some neighbors, however, had a completely different point of view.

Several testified that the Montessori school would add traffic to an already too-busy road and that the Gersh's hold large, loud catered parties and that is in violation with the 1997 special-user permit.

Modelewski said that the traffic on Sweet Hollow Road is irrelevant.

 "We're not here to talk about the existing camp operation at all, except to the extent that the applicant has asked for relief from condition number three concerning the utilization of property in R-5 zone along northern perimeter," he said. "We are here, for want of a better term, on a technicality because there is a special permit issued that says if there are any changes at all the applicant must return to this board, the place of origin. The use they seek is unconditionally permitted. They don't otherwise need to ask anyone's permission to operate a school. The Town Board has determined that schools are harmonious with residence districts. Schools are permitted in residential districts. So to the extent that bus traffic operates when camp is going on, we are not here to talk about that."

Joan Fumento of Goldfinch Lane said Gersh was being disingenuous and that parties are held at the site constantly.

"His brochure says there will be 200 children at the Montessori school, not the 75. He has a brochure advertising parties. There was just a party last weekend. We had to call and ask him to lower the speakers," she said and produced the brochures as proof.

Modelewski said that the loud parties are enforcement issues but the brochures are proof that the Gershs may be violating their permit.

"Now you've produced proof that they are not in compliance," Modelewski said, adding that he was at the 1997 hearing.

"There was grave concern then respecting these parties. Many of them drummed on in to the early morning hours," he said.

Abbate said that the BZA told the Gersh's they could not host for-profit parties on the site, and they have not.

Kevin Gersh said that he created the brochures "when I was young and didn't know the town code."

Abbate asked Gersh if they run all night. He responded that they end at 5 p.m. but the crowd yelled out that that was a lie.

"One ended at 11:15 p.m. last Saturday," someone yelled out, which angered the chairman.

"No! We are not going to do that," he said. "No one calls out in this room. This hearing will not dissolve that way. Do not call out."

He then returned his attention to the applicant.

"We didn't say you couldn't do this after 5 p.m. We said you can't open it up to these large-scale events," he said.

Modelewski kept the hearing open to allow more comments to be added to the record before the board reached a decision.

"We're going to end for the night with the understanding that we are holding this over and if anyone wants to submit any evidence at all they can."