BOT Moves to Scale Back the Scope of the Proposed Building Moratorium
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The Mayor appeared to be backing off from a controversial proposal for a building moratorium after receiving feedback from developers and realtors who feared the impact on their businesses.
A draft of a proposed six-month moratorium on all building and land use applications was proposed at the November 14, 2023 meeting of the Board of Trustees. The rationale behind the moratorium was explained by Village Attorney Nicholas Ward-Willis as follows:
He said, “The improvements, subdivision and redevelopments on single-family lots have created a number of pervasive adverse impacts including but not limited to the loss of the architectural and historic qualities and scale that helps define the fabric of our residential neighborhoods as well as negative environmental impacts such as increased flooding and the destruction of mature trees and natural habitats. These impacts are resulting from, among other things, the rapid pace of demolitions and replacement of older homes, additions being built on single-family properties, the construction of accessory structures, and the subdivision and redevelopment of residential lots. Such development activities create new impervious surfaces thereby diminishing the natural drainage and flood mitigation provided by mature trees and open space. Our natural resources are finite and fragile, and the Village’s infrastructure and other public resources are increasingly being tested by more frequent and severe storm events.”
However responding to push back from the community, at a work session of the the Village Trustees on December 19, Mayor Justin Arest proposed more limited measures to tweak the building code to require modest reductions in the floor area ratios (FAR) or sizes of homes and in lot coverage.
Arest proposed the following for the period of the six month moratorium:
-Decrease the FAR (floor area ratio) to 95% of what is now permitted.
-Decrease the lot coverage (all impervious surfaces) to 90% of what is now permitted.
-Decrease the building coverage to 95% of what is now permitted.
-Potentially increase setbacks 10% to 20% depending on the building zone.
During this period hook-ups to the stormwater system would not be permitted from private properties.
Another new provision would require an expedited histsoric preservation review of all projects. Arest explained, "As for historic preservation, we want to prevent any potentially historic properties from having exterior alterations done to them that could impact their historic nature. Therefore, all exterior alterations that would not already require CHP review, would now require an expedited historic review process."
Explaining the rationale, Arest said, "The goal is to retain the benefits that a moratorium can provide the community as we undertake the holistic review of our code while limiting the negative impacts on homeowners ability to make improvements to their homes and lots," and “to find the right balance.” He said that planning consultants would be retained to analyze current code and propose changes.
Though the new proposal addresses home bulk it fails to take any action on the preservation of neighborhood character, historic preservation, height of new homes, subdivisions and the retention of Scarsdale’s trees, all of which originally brought residents to Village Hall with a petition. However, in the case of a subdivision, under these new rules, the two or three new houses built on the subdivided land would be reduced in size.
This house on Tunstall Road was technically a renovation and now towers above its neighbors.
Arest said he would ask the Village Attorney to redraft the moratorium language to reflect these changes and it would be posted on the Village website 10 days before a hearing scheduled for January 9, 2024. He anticipated that the Board would hold a hearing and vote on the resolution at the same meeting.
Discussing the proposal, Trustee Jeremy Gans said, “These proposed setbacks are substantially greater than any in any peer community. This would cause non-conformity.” He later said, “All of the discussion was about what happens when there is a teardown. Could we simply say no tear downs during this period.?” “Voting against the proposal, saying “I was hopeful we would find an area to attack – I think this is too broad. I think we should better define what we’re attacking and narrow the scope.” He added, "The Planning Board and staff have said that the notion that development adds to burden on our stormwater system is debatable. That’s not to say that development should continue unabated. But I’d like to avoid making assertions that are not backed by data that we currently have."
Trustee Karen Brew said, “I wonder if 95% on FAR and 95% on building coverage is enough.” Referring to data from the Village Planner about homes that received a Certificate of Occupancy in 2023 she said, “These projects were built to 90% and still appear incredibly bulky.”
Trustee Ken Mazer asked if “We could tighten the process to prevent the teardowns like the one that happened on Hampton Road.”
Trustee Dara Gruenberg said, “Concerning the Conservation Advisory Council report on trees, is there anything we can do to address the trees?” She suggested that the Village 2024-25 Village budget include an enforcement officer to confirm that replacement trees are planted.
The trustees agreed on the new proposal by a vote of 6-1. The draft will be posted on the Village website by December 29, 2023 and will be the subject of a hearing and a vote on January 9, 2024.
LWVS Questions Code Change on the Role of the Village Manager
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(This letter was submitted by the League of Women Voters of Scarsdale)
Dear Mayor and Board of Trustees,
The Board of the League of Women Voters of Scarsdale (LWVS) thanks the Mayor and the Village Board of Trustees for their dedicated volunteer service to the Village of Scarsdale as public officials. We appreciate all the hard work you put in serving our community.
We are writing with regard to the proposed legislation to amend Chapter 57 of the Scarsdale Village Code, which concerns the Village Manager’s Office. At the time that former Manager Rob Cole resigned, Mayor Arest announced that the Village Board and the Village Attorney were working on an amendment to the Village Code to incorporate the current language in Chapter 57 and Section A318, a codification of a 1962 Village Board resolution, and that further clarification would be provided to the public. At that time, the Mayor and Board of Trustees stated that nothing would change with regard to Village operations.
Upon consulting with a professional organization, we have reason to believe that the proposed legislation may limit the authority of the Village Manager relative to certain personnel decisions and direct supervisory authority over certain department heads in a way that changes how the Village government has operated, in practice, since 1941. The LWVS Board is poised to undertake further study of this issue and is also concerned that the community may not have had sufficient notice, time, nor opportunity to weigh in on the proposed changes.
Because of the significance of the potential changes to Village governance, the LWVS Board respectfully requests that the Mayor and Village Board pause on any action until the public has had the opportunity to learn more about the proposed amendments and to ask questions about them.
Sincerely,
Heedan Chung and Jessica Zellner
Co-Presidents, League of Women Voters of Scarsdale
Developer Applies to Subdivide Property on Lincoln Road and Tear Down 57 Trees
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An application has been filed to subdivide this property and divert a watercourse to permit the contstruction of three houses where there now are two.The owner of an iconic mid-century modern home at 46 Lincoln Road is now making a second attempt to develop the property.
Last month, Dr. Raj Krishnan applied to the Committee for Historic Preservation to take down the home to permit the construction of a new home in its place. He argued that the current home did not meet the criteria for preservation and was in bad shape due to water damage and neglect.
However a few of the committee members had questions about the homes provenance and architectural merit and Board Chairman Adam Lindenbaum adjourned the application to allow the committee to get an opinion from architectural historian Andrew Dolkart, who acts as the Village’s expert.
In the interim, Krishnan has now filed an additional application with the Planning Board to subdivide the property at 46 Lincoln and neighboring home at 101 Carthage and turn two lots into three.
In order to facilitate the subdivision and construction of two new houses, Krishnan has applied to divert a watercourse that runs through the property and to draw new property lines.
The site plan shows that in order to build the two new houses 57 trees would be taken down in an area that is already wet and flood prone.
On Wednesday night November 29, the Planning Board will consider the application. Below find the plan to remove the trees (marked in X) and subdivide the property.
Neighbors Sanae and David Tenembaum of 52 Lincoln Road sent an email to the PLanning Board objecting to the plan. They say, “We are concerned about how this three-lot subdivision will further alter the feel and character of our community block. As it stands now, 46 Lincoln Road (.96 acres) is one of only a handful of properties in our immediate vicinity with close to 1 acres of land, which has become harder and harder to come by.”
“The nearby two-lot subdivision at Carthage and Fayette Roads has resulted in a massive house being built on a relatively small piece of property, which has completely altered the feel of the road. The proportions of the house currently under construction do not match that of the surrounding homes – and frankly, it looks out of place.”
The subdivision plan: X's indicate trees that would be taken down.
We understand the same builder of the homes on Carthage (Raj Krishnan) is now proposing the three-lot subdivision essentially across the street, impacting 46 Lincoln Road and 101 Carthage Road, and we fear the same ill-proportioned dynamics between home size and lot size, with a general sense of crowding becoming more of the norm. Not to mention you’d be removing the opportunity for a buyer to own a home on ¾ or more acres of land akin to other nearby properties.”
Neighbors say, "The nearby two-lot subdivision at Carthage and Fayette Roads has resulted in a massive house being built on a relatively small piece of property, which has completely altered the feel of the road.
“With this in mind, we urge the Board to carefully consider the long-term effects of this sub-division to our community – and sincerely hope we can leave the current lot lines as they are – with two (tasteful, well-proportioned) homes instead of three. At the bare minimum we ask that the sub-division be contingent on an assessment of the home specs and plans that are in mind for those lots.”
The timing of this application occurs as the Village Board of Trustees is considering a six-month moratorium on subdivisions, demolitions and construction to allow time for a reconsideration of the Village’s building code.
A hearing on the potential moratorium will be held on December, 12, 2023.
Remediating Stormwater: What to do First?
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Scarsdale has been experiencing some record rainstorms, putting the Village’s system of storm drains, pipes, culverts, sewers and retention basins to the test. On Friday September 29 the Village received 5 inches of rain in less than 24 hours and many roads and homes were inundated.
In response to this storm, and several others that preceded it, the Superintendent of Public Works and Village Engineer issued a report on which areas flooded and what roads were closed.
They referred back to a consultant’s report following Tropical Storm Ida on September 1, 2021 that recommended $3 mm to $12 mm in remediation projects to address the overflows. These proposed projects were the subject of a work session of the Village Trustees on Tuesday evening December 6, 2023.
The report includes studies of the upper and lower portions of the Sheldrake River, as well as Rugby and Oxford Roads, George Field, Ogden and Paddington Road, Griffen Road, Leatherstocking Lane, Hanover and Wheelock Roads. You can see it here:
One study of the upper Sheldrake River area shows that the current stormwater system cannot withstand even a 2-year storm, with 50 and 100 year storms causing system failure resulting in extensive flooding in streets and homes.
Village Engineer Dave Goessl displayed maps of areas where flooding occurs and proposed improvements such as diverting water, grade changes, expanding the size of the culverts, replacing old culverts and working with private property owners to expand or build retention ponds. Even at George Field, where the Village previously built a seven-acre retention pond, flooding occurs in big storms. Engineers have proposed adding more capacity to the pond by raising the height of the outlet and rerouting some of the water coming down Oxford Road into the retention pond.
At Catherine, Wheelock and Canterbury Roads, which lie in a FEMA flood plain, there has been frequent flooding. Engineer Dave Goessl proposed to reroute the stormwater that runs behind Catherine Road and to replace 100 year-old box culverts underneath Catherine Road. There was additional discussion about working with the schools to build a retention pond in front of the middle school. However, Goessl conceded that everything cannot be remediated. He said, “I don’t think we are going to resolve everyone’s problems with this work. We are doing the best we can. It is a FEMA flood plain. In today’s environment you would not have gotten permits to build houses with full basements in a flood plain.”
Trustees asked how the Village should prioritize the work and Jeff Coleman, the Superintendent of Public Works said, “We should prioritize the projects that will provide the greatest benefits based on the frequency of flooding.
Stormwater levels in the upper Sheldrake River area during 2 year, 50 year and 100 year storms.Responding to a question about proposed code changes to ameliorate the situation, Coleman said, “One thing is to make sure that the stormwater management systems that are installed are working. Homeowners don’t seem to know how to maintain it. These cultecs are buried and forgotten. Maybe we should add something to the code to require residents to maintain these systems.”
The Mayor asked how these culverts feed into the Village’s stormwater system and what happens when they are full. Goessl said, “For new projects lot coverage is something we want to look at. If we put in the drainage system it needs to hold all the property’s water but certain lots can’t retain all their water or have poor percolation rates. If the culvert is already saturated it’s even less effective at retaining the water. If they are capturing and storing all their own water post storm they are draining into the system in a controlled fashion.”
The presentation missed the mark for a group of Barry Road residents who have had repeated problems with stormwater infiltrating their sewage line. During heavy storms rainwater floods the sewage lines and they overflow into streets and basements.
Several Barry Road residents spoke. One said, “On September 29 the rain caused the Bronx River system to fail and the sanitary sewers overflowed through the manhole. This was a repeat of what has been happening for decades. We’re here because we have sewage backing up into our houses. We need real action on the sanitary sewer system so that we’re not facing sewage backups into homes. We have been asking this for many years.”
Another Barry Road man said, “I don’t know how you missed Barry Road on this list of projects. I have lived in my house since 1983 and the problem has only gotten worse. All of the houses that are affected are losing value. The manhole cover opens up every time there is a storm and sewage flows down the street.”
Another said, “In 2007 I had to replace all the appliances in my basement. The town is not responding with appropriate urgency. The complete absence of a plan is unacceptable.
The town needs to be proactive.”
Others from Cayuga Road and Catherine Road also spoke. One said, “I want to express support for the Catherine Road project. On each occurrence of flooding each of those 12 homes incurs about $110-$130,000 in damage from each storm.”
Another man from Cayuga Road spoke. After hearing about the woes on Barry Road he said, “I think the priorty should go to Barry Road – that sounds terrible. I feel bad for them.”
Turning to his own problems he said, “Why did they keep building? I moved here in 1986. We did not have a drop of water until 2007 – we had 5 feet. Then again in 2011. This whole area is surrounded by Fenway. All the drainage from Fenway goes into the drainage along Cayuga and Seneca Roads —during a storm it covers the road. There used to be a pond and now it’s 14 Canterbury Road – they built a house there. Why did the town allow new construction on Catherine Road? The homes on Seneca have been rebuilt to twice the original size.”
Twelve Elected to Serve on the Scarsdale Citizens Nominating Committee
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Twelve new members were elected to serve on the Scarsdale Citizens Nominating Committee (CNC) on Tuesday November 14, 2023. These new members will join current CNC members for a total of 30 Scarsdale residents serving on the CNC. Together, the CNC will vet and nominate a slate of non-partisan candidates to run in Scarsdale’s March election for open Village Trustee positions.
The current and newly elected CNC members are:
*Asterisked candidates are part of the Class of 2024 as they are filling one-year vacancies
A total of 202 residents voted for CNC candidates. The total of candidate votes cast by area is as follows: Edgewood 18, Fox Meadow 37, Greenacres 98, Heathcote 25, Quaker Ridge 24.
“I greatly appreciate the dedicated, enthusiastic community leaders who volunteered to run for the CNC this year,” said Peri Zelig, Chair, Scarsdale Procedure Committee. “I congratulate the new CNC members and thank them in advance for their hard work and service to Scarsdale. I also thank Procedure Committee Vice Chair Heath Sroka for his partnership and the entire Procedure Committee for their commitment and help throughout this election season.”
