Friday, Dec 27th

panelDo the laws that regulate the size of homes in Scarsdale need to be changed? Are oversized new homes affecting the character of the Village? That's what Mayor Jon Mark hoped to learn more about when he asked the Scarsdale Forum to host a panel on development on Thursday October 15th. Seth Ross, a former chair of the Planning Board was the moderator and panelists included Lewis Arlt of Houlihan Lawrence, developer and realtor Steve Rakoff, Village Planner Elizabeth Marrinan, Ron Schulhof from the Conservation Advisory Council and me, Joanne Wallenstein.

Each panelist brought their own perspective to how the building of new homes is affecting the neighborhoods and the real estate market.

Lewis Arlt contributed sales statistics that showed a 9% decrease in homes sold this year to date compared to the same period in 2014. The median sale price, $1,450,000 is down 3% from last year. He noted that homes priced at under $2 million are selling quickly while those priced above $3 million are sitting on the market. While in 2014, 14% of the homes that sold at prices above $2.9mm were new, this year 8 out of the 17 properties that sold for more than $2.9 mm were new, reflecting growth in the market for new construction.

Steve Rakoff discussed the builder's role in "replenishing the housing stock," and keeping Scarsdale's housing stock competitive with areas like Rye and Greenwich. He believes that some of the Village's older homes, such as ranches and splits, are beyond their useful life and need to be replaced. Buyers are looking for amenities such as large kitchens, family rooms and luxury bathrooms that are not found in older homes. As for the appearance of bulk of these homes, he called for landscaping to shield it. He was concerned with the fall off in sales for high-end homes and said that everyone should be concerned about why this is occurring and how Scarsdale can attract more buyers for homes priced above $3 million.

Village Planner Elizabeth Marrinan explained the role of the Planning Department and the enforcement of Village Code to regulate development in the Village. She pointed out that though the development of new homes is very visible, it represents a small percentage of homes in Scarsdale. The total number of existing single-family homes in the Village is 5,400 and the construction of new homes each year is less than 1% of the housing stock.

Here are the number of demolitions and new homes approved by year:

          Demolitions    New Housespaddingtonroad

2011            26                 26
2012            34                 24
2013            31                 26
2014            39                 39
2015 (ytd)    31                 31

Ron Schulhof examined the effects of development on the tree canopy. While the tree canopy is currently at 50%, Schulhof discussed the risks to large trees posed by the building of new homes. Often trees are clear-cut, and those that remain are not adequately protected from root damage, when large vehicles are parked on their roots while work is done. He explained that some of the trees that are lost or damaged are 50 -100 years old and simply cannot be replaced. Though the village does require permits for tree removal violation of these ordinances can result in significant losses and the diminishing of the canopy. The CAC recommends that the Village implement a Canopy Replacement Assessment that requires the landowner to either replace what's on their property now or pay a hefty fee that would be used to plant trees in other locations. The CAC also recommends that the Village should require owners of newly developed property to plant or protect existing street trees.

I spoke as well and recommended that the Trustees re-examine the floor-area-ratio code and study the effect of eliminating the exceptions to the code that allow builders to build homes that exceed the size stipulated in the FAR. See more here. I also commented that I was not concerned with masking the appearance of bulk with landscaping. Instead I am concerned with the bulk of new houses where sometimes a 6,000 square foot home replaces a 2,500 square foot home on 1/3 of an acre.

A lively discussion followed the panelist's comments.

Several interesting comments were made by members of the audience:

Linda Blair said, "I am not sure why we want to compete with Greenwich or Rye. We have something very special here and we should attract buyers who appreciate it."

Carol Silverman said, "I purchased a ranch many years ago and have been very happy in it. I never regret my decision to buy it and will stay there for as long as I am able."

Michelle Sterling said, "Let's face it – builders will build homes to the maximum size they can. We can't depend on them to address this issue." She then asked, "Who is going to turn this ship around?"

Another observer said, "Perhaps this problem will solve itself. If interest rates are going up, and there isn't a market for homes that cost more than $2.5 million, maybe development of expensive new homes will not be economical."

Seth Ross concluded the discussion by asking people to continue to address this issue by emailing the trustees, writing letters to the newspaper or commenting on Scarsdale10583. What do you think? Do the laws need to be re-examined or are you happy with the level of development in Scarsdale? Input your comments below or send letters for publication to [email protected].

suspectsGreenburgh Police arrested three pickpockets who stole purses from shoppers at Target in White Plains, Mt. Vernon and New Rochelle and other retail stores in Greenburgh. The suspects distracted senior shoppers then stole their purses and used the stolen credit cards to purchase merchandise on their accounts. The arrests were the result of a four-month investigation by the Greenburgh Street Crime unit. These same suspects may have been responsible for incidents in Mamaroneck and Port Chester.

Arrested were Dawn Boykin of 2010 Bruckner Blvd Bronx, NY who is charged with 6 counts of Grand larceny 4th degree and CPCS 5th degree; Toni Green of 2010 Bruckner Blvd Bronx who is charged with Grand Larceny 4th degree and Bonita Brown of 931 Prospect Ave. Westbury, NY who is charged with Grand Larceny 4th degree.

Possible Abduction

Greenburgh Police are investigating a possible abduction that took place at a bus stop on Tarrytown Road at around 8:30 am on Wednesday October 14, 2015. Police received a call reporting that a Hispanic male in his twenties (20's) operating a red car wearing a white hoodie, stopped at the bus stop west bound on Tarrytown Road by Manhattan Avenue. The Hispanic male got into a physical altercation with a Hispanic female in her twenties (20's) who was at the bus stop and physically forced her into the red car and fled northbound on Manhattan Avenue. The female was wearing dark clothing. This department is currently investigating the incident and asking anyone with information to contact the Greenburgh Police at (914) 989-1710.

fireOn Sunday September 27, 2015, at approximately 9:00 P.M., fire broke out at the Sprainbrook Nursery, at 448 Underhill Road in Greenburgh. The Greenville Fire Department responded along with Greenburgh Police Officers. The nursery building was fully engulfed by flames and the roof collapsed. Greenville Firefighters extinguished the fire which caused extensive damage to the property. The premises were closed for business at the time and there are no reported injuries.

In August 2012 owner Al Krautter announced he was closing the nursery after it had been in business for 68 years. He cited property taxes and fuel costs of $200,000 per year and competition from big box stores likes Home Depot. If the town of Greenburgh approves, the property will be purchased by Formation Shelbourne Senior Living Services to build an assisted living facility.

This is the second recent fire at the site. In December 2014 a big fire set off an explosion of several large propane tanks and shook nearby homes.

The cause of the fire on Sunday night has not been determined and the incident is currently under investigation. The Greenville Fire District Cause and Origin Team and the Westchester County Department of Public Safety conducted a walk thru with a K9 dog trained to alert to possible accelerants. Greenburgh Police Detectives also photographed and measured the scene.

naanAs lovers of Indian food we never fully recovered from the loss of Dawat which served great fare in an elegant setting on the Post Road in White Plains. While others spent Friday night in synagogue, our temple was Dawat where we were greeted by Anu, a stunning hostess dressed in a sari who settled us into a cozy corner banquette where our kids could sit at or under the table when they weren't watching the tandoori chef roasting meets in the glass enclosed oven.

When Dawat unexpectedly shut its doors, we mourned the loss but moved further south on Post Road to Bengal Tiger where a large man in a turban guarded the door and summoned us from the bar when a table was available. We'll never forget the hot summer day when Bengal Tiger and the neighboring dry cleaning establishment blew up in a fire of mythic proportions. I went to the scene and found Post Road closed and several exhausted firemen lying in the street trying to recover from inhalation of the acrid smoke.

The closing of Dawat and the immolation of Bengal Tire left us without a good Indian restaurant nearby and I was intrigued when I heard about "Coriander" on Larchmont Avenue in Larchmont. We set a date to go and found a modestly adorned eatery with a bar and a large statue of an Indian goddess. After ordering the requisite Taj Mahal (beer) we examined the lengthy menu which had too many good choices. Since we had a party of five – we decided to go for it, and ordered quite an array of appetizers followed by entrees and sides to share. In retrospect, we probably over-ordered, but we did have the chance to taste a nice selection of what Coriander has to offer.

Everything was delicious and it was difficult to pace ourselves so that we had room to try everything we ordered.

We started with Shrimp Rangoli which were pan seared and served in creamy orange tikka sauce. The Lassoni Ghobi was crisp fried cauliflower in a garlic tomato sauce and the Vegetable Samosas were light and filled with peas and potatoes. My favorite was a dish that merged India with Mexico – Chicken Lsooni Tacos --a stew of shredded chicken in garlic tomato sauce served over garam masala tortillas. I'll be back for another order of those soon. The kebabs were also highly recommended so we went for a curried chicken tikka kebab which was marinated in homemade yogurt spices, garlic and cilantro. Another standout.

And those were just the appetizers. We ordered freshly baked naan (bread) which comes plain or with your choice of shredded radish and herbs or pistachio and cherry. We couldn't pass on the cucumber and mint raita and chutney to top the warm, fragrant naan. For entrees we tried the Indian Ocean Tiger Shrimp with fennel, garlic, yogurt, saffron, and cilantro along with the Chicken Tikka Akbari, marinated boneless chicken breasts. The Saag Paneer, creamed spinach with sliced paneer (cheese) was rich and delectable.

The menu includes a full range of soups, salads, lamb dishes, curries and vegetable entrees. Many of the selections are gluten free and indicated as such on the menu. There was far more than we could try, even with a table of five.

anuBut the best surprise was at the end. The hostess came over to chat – and had a quizzical look on her face. I introduced myself and asked about the origins of the restaurant. She explained that her husband and son are chefs and that they have also opened another Coriander in White Plains. She mentioned that they were formerly in Pelham – and before that....at Dawat! It didn't take long before we realized that she was the beautiful woman in the white sari who greeted us each weekend in our younger years. My husband was beaming when he was reunited with Anu, his exotic muse.

Coriander
154 Larchmont Avenue
Larchmont, NY 10538
(914) 235-1306

circulardrivewayAn attempt by the Scarsdale Board of Trustees to limit the size of homes in the Village met resistance from builders, real estate agents and owners of homes on multi-acre lots at a hearing on proposed new village zoning code on September 21.

The revision calls for gravel surfaces to be treated as impervious and thereby included in lot coverage calculations. This would mean that gravel driveways and pathways would count as asphalt surfaces and limit the size of homes or other accessory structures on a lot.

Trustees originally passed a moratorium on counting gravel as pervious in February 2015 after they received widespread complaints about teardowns and the construction of new homes that dwarfed neighboring properties, blocked light and air and appeared to be too large for their lots. Unable to find an easy fix to the Floor Area Ratio (FAR) provisions that would address these issues, they passed the moratorium to allow for time to study it. It was subsequently extended until October 2015. The new gravel definition would also address an inconsistency in Village Code whereby gravel surfaces are treated as impervious for storm water management purposes but pervious when calculating lot coverage.

However, the residents who originally spurred the moratorium were no where to be seen on Monday night when Village Hall was filled with angry developers, their lawyers, real estate agents and owners of large properties who voiced their objections to what they believe is a limitation of their rights as property owners.

Before they took the microphone, Trustee and Deputy Mayor David Lee, who heads the Village Law and Land Use Committee, asked a consultant from Frederick P. Clark Associates to present a summary of her findings on the use of gravel surfaces. She explained that her group examined 5,026 residential lots and determined that 504 parcels had gravel driveways. They found that that though 10% of existing homes have gravel driveways, 25% of the recent applications (within the past two years) utilized gravel surfaces to exceed lot coverage regulations. She concluded that if the law stays as is, open space will decrease as more projects exceed lot coverage regulations.

The consultants recommended that the Village eliminate the discrepancy between the storm water and zoning code definitions of gravel and revise code to treat gravel as an impervious surface. They also recommended that all homes with gravel surfaces now be grandfathered.

Benefits to the change would include:

  • Protection of open space by limiting increased development on residential lots
  • Correction of the inconsistency of the definition of gravel
  • Treatment of gravel will be consistent with NYSDEC regulations
  • A Grandfather clause to provide relief to non-conforming lots

The builders, attorney's and residents who voiced their objections questioned every aspect of the consultant's study, her findings, the legal basis of the code revision and even the competency of the Trustees and Village Planner. They spared no words in attacking the proposal and the people behind it.

Landscaper Elaine Yellen asked if the engineering department had looked beyond driveways at the use of gravel in backyards. She said, "I do care about stewardship of the environment but this law takes away people rights unnecessarily. She said that gravel is permeable, and the substructure underneath it could be permeable too, "If there is a problem it is not the gravel, it is what's underneath it." She continued, "I don't use it to increase lot coverage and I use it to solve drainage problems and it's baffling that there is the perception that gravel impedes drainage." She concluded with, "If it seems to me that if the houses are too big let's change the far or bulk codes. Leave my precious gravel alone."

Raif Ezratty of Garden Road said, "I don't see why we are confusing storm water and lot coverage. Peoples' rights are being taken away. It is affecting the larger lots that have plenty of grass and have very long driveways.

The storm water drainage systems that people are putting in, store water and then empty into the village's storm water system. We passed laws that were not thought out. If the town is concerned about water they should limit people's basements. The bill would affect home values and take away tax revenues."

Attorney John Orsini spoke on behalf of his client Bala Real Estate Holdings who owns a flag lot at 15B Cushman Road. He explained that his client was concerned that the long driveway leading to the flag lot would count as lot coverage but that after a meeting with the Village Planner and Village Attorney he found that this will not be the issue for flag lots. Even though the law did not pose a problem for his client, he went on to argue against it sayings, "Why are we talking about the definition of impervious? If the board thinks there should be less coverage there should be straightforward amendments.... this is confusing ..."

42HuntingtonLynne Clark, a resident of 13 Walworth Avenue and a realtor with Houlihan Lawrence said, "I care about Scarsdale a lot. It appears that the main intent is to limit and reduce lot coverage to limit the size of construction. But it will also limit other homes from adding a family room or a two car garage. I do not believe this as prudent as rethinking the FAR.

My comments apply to existing homes. There will be unintended consequences such as:

  • Infringement of property rights
  • Increased request for variances
  • Increased burden of applications for building department

Permits are now taking 6 weeks. It will take even longer. There will be more teardowns because you wont be able to modify what is there. I think we will have more applications for new construction. There will be delays in making a sale because of uncertainty. There will be delays to get on the agenda of the zoning board of appeals. A buyer will move onto another less complicated opportunity."

I have an old house. The house badly needs a family room. I am afraid the new law won't allow it. You need to think about these consequences

Elana Ezratty, also of 97 Garden Road said "Oversized new homes do not have gravel driveways. This law will impact the larger properties. Many of the large homes have large gravel driveways and as the property grows you have less room to work with. Pools and pool houses are behind homes and are not the point of the law. This will mean that all the people who now have gravel can pave the driveway and it
will result in less permeable not more permeable surfaces."

Jeremy Gans of 45 Harvest Drive said, " This is my third time before the board. Though you must balance development with maintaining the community, this does nothing to maintain it. It reduces property values and is environmentally and scientifically unwise. The intent is to reduce bulk, maintain neighborhood character and adequate light and air. If I had drafted this I would have been dismissed from my law firm. It does not address the concerns. Amend the section of code limiting the size of homes on the lots. I have only heard one person speak in favor of it. Given substantial opposition, let the moratorium lapse. Over a year has been devoted to this issue."

28GardenRoadIn an effort to demonstrate the pervious nature of gravel, builder David Fenton brought a glass pitcher which he had lined with paper towels and filled with gravel. He poured the liquid over the gravel and watched it fall onto the paper towel. At this point, Mayor Jon Mark asked, "Is that how a driveway would be installed?"

Fenton said, "We have a problem! There are great builders in this community!
It is difficult for us to move forward during this moratorium. We are handicapped because of this situation. When you look at sales, it has almost been at a stand still. There are a lot of gray areas. We can't get things approved. This is impacting sales."

At this point, Trustee Bill Stern asked Fenton, "How do these large homes impact smaller homes? How do you think the McMansions affect the smaller homes on the block?"

Steve Rakoff introduced himself as a builder, family man and a realtor since 1989. He said, "People who have larger homes will have to move their homes forward. We are investors in the future viability of our village. Ultimately it's not about what we want, our customers are telling us what they want – a fire pit, an exercise room. This will impact a sale and they will go to other places."

He continued, "FP Clark only looked at 5,000 homes out of 5,900. We did our own study of one neighborhood (Murray Hill) and found that 44% contain gravel driveways. We cannot put a bullet to our heads. For high-end homes this would be the second step in unfairly penalizing 1+ acre lots. I have not had problem with storm water. Listen to the applicants that are investing in these properties." He then presented charts showing the allowable lot coverage on properties with one to six acres to demonstrate that as lot sizes get larger allowable coverage is not increased proportionately.

Lawyer Lawrence Graham said he was representing clients on Sherbrooke and Heathcote Roads. He said, "All of my properties are in excess of 3 acres. We are grappling with the driveway and getting to the garage. These homes are unnecessarily penalized. Additionally acreage is not rewarded with additional lot coverage."

Shawn Singer of 70 Penn Boulevard said, "My ninth grade daughter says gravel is a rock we find in nature. We spent money for this survey and all we got are 3-4 slides. We don't have the numbers. It's a waste our taxpayer dollars. Let's discuss FAR, not gravel."

Dawn Knief, an agent at Julia B Fee in Scarsdale said she just moved out of town. She read an extensive letter from her client Melinda Witmer of Whig Road. Witmer said, "I installed extensive water retention program at my house ...Gravel is permeable...
I addressed drainage by installing a drainage system ....It's ridiculous to maintain the character this way."

Knief continued, "We've had zero showings on high end properties because of high taxes. People are choosing not to come here. It used to be almost a right of passage to move to Scarsdale to put children into our schools. Now our taxes are so high. We're not allowing them to come in and build and put in a pool. I am very concerned!"

Mark Koch of Birchall Drive said, "My house will become non-conforming. Sales are being impacted and future buyers will be impeded. Gravel was the mainstay of a system that the town embraced."

Builder Bobby Ben Simon of 11 Seneca Road said, "This committee and the planning board should come clean. Do you want to attack houses, fine! You are trying to change engineering. Concentrate on what you are trying to achieve. You cannot have it both ways."

Turning to the consultant's report, Ben Simon charged, " This is some piece of work!
Why take only two years, why not five, why not ten! 2% of construction is new over the last 2 years. You missed a great opportunity ..... you wasted six months .... you did not hold a hearing ....it is a mediocre report. Maybe 4 years in college was a waste of time!"

He continued, "I built more than half of the houses on Seneca Road. The fight on large homes came to a halt. You maxed out on the FAR rules. We get it. You want small houses, find the right way to do it."

Developer Paul Fontana credited the previous speakers with raising many of the points he was going to make and added, "It's just going to limit our ability to build pools and tennis courts – it won't make homes smaller."

George Stone told the trustees, "This will change the aesthetics. We used gravel to set our homes back on the property. This is disproportionately against the larger homes. We are using the wrong tools. There will be unintended consequences on value. This creates uncertainty. We can't calculate this easily and it will put an undue burden on administrative staff. You're creating a much bigger problem that you can't solve."

Former Trustee Bob Harrison urged the board to "Change the height requirements.
Change the FAR. You've come a long way. The consultant put a lot of time in – of course she got paid! It won't harm our community if you don't pass this legislation."

Lena Crandall put in a plea for the Village to "Protect the village's tree canopy and maintain and increase the green infrastructure. She said, "Renovate in a considerate way. We need our trees."

Ron Parlato, from the Heathcote Association said there are deed restrictions on the 38 homes in the Association and asked Planned Liz Marrinan if she had looked into how this new law would impact those deeds. He said, "I have a 9,000 square foot house on 2 acres with another structure. This means I can't put a pool on my property."

John Brandt said, "I have lived here a long time. We heard many well-spoken people speak reasonably. Reconsider the approach you are taking ...go the FAR route. There is uncertainty in the market and the moratorium should be lifted. I don't think the direction is a good one."

At the conclusion of the meeting Mayor Jon Mark thanked the group for coming to the meeting and said a vote on the proposed law would not be held that night. He announced that the Board of Trustees will meet at 8 am on Wednesday September 30 to discuss the matter further and to vote. The complete meeting can be viewed here.