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Written by Joanne Wallenstein

Published: 14 January 2015

Created: 14 January 2015

Last Updated: 15 January 2015

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The Village Board covered lots of ground at their first meeting of the new year, scheduling hearings on several important proposed revisions to Village Code. The board has been considering revisions to the historic preservation laws to safeguard historic properties for some time. To that end, they plan to commission a study of properties identified as historic in a cultural resources survey conducted by architects and preservationists in 2010. The new study will determine which of these properties are historically significant and should be protected. But until that study is completed the trustees have drafted interim code to clarify and streamline the process for applicants who wish to demolish properties in the Village. The new provisions would continue the operation of the Committee for Historic Preservation as a board to review applications for demolitions.

According to Village Planner Elizabeth Marrinan, changes are needed as the old law is "unnecessarily complicated" and has different criteria for demolition for the CHP, the Board of Architectural Review (BAR) and the Board of Trustees. Under the new law, the BAR will be eliminated from the appeal process; those wishing to appeal a decision of the CHP will go before the Board of Trustees. Marrinan says that "the new criteria for preservation has been under discussion for some time and more accurately reflects what the community wants to measure what is significant." In addition, the new code mandates that properties that are deemed to be historically significant must be maintained.

What are the criteria for preservation? Here is the language in the proposed new law that will be reviewed at a hearing on January 27th:

• In deciding whether or not a building can be demolished the committee will "consider the level of significance in American history, architecture, archeology, engineering and culture present in the building, as well as the integrity of location, design, setting, materials and workmanship:
• The building is associated with events that have made a significant contribution to broad patterns of Village, regional, state or national history or:
• That the building is the work of a master and embodies the distinctive characteristics of a type, period or method of construction that possess high artistic value or
• That the building has yielded or may be like to yield information important in prehistory or history
• The committee may consider if the building is list on the National Register of Historic Places, NYS Register of Historic Places or Westchester County Inventory of Historic Places. A National, State or County listing alone is not sufficient to warrant preservation.

Those who wish to demolish a property must still submit an application to the Village and notify the owners of neighboring properties.

If a Certificate of appropriateness (for demolition) is not granted by the CHP, the new law allows for those who claim a hardship to appeal the decision of the CHP to the Board of Trustees.

What if a property is demolished without receiving a certificate of appropriateness? If a property owner fails to comply with the code they will be subject to a fine of not more than $50,000.

A public hearing on the new code will be held at Village Hall on January 27th. To review the proposed law, click here.

Building Moratorium:

The Board will also hold a hearing on a proposed moratorium on building applications that involve gravel on 1-27-15. This moratorium is intended to curb the size of new homes and renovations that would exceed the maximum floor area ratio if the gravel driveway is considered impervious.

More specifically, The Board is proposing a moratorium on building applications involving gravel driveways – whose surface area, when considered pervious would permit the construction of a property that "uses any portion of the proposed gravel surface to meet existing lot coverage requirements under Scarsdale Village code." In addition, application for additions and renovations to a house on a property with an existing gravel surface shall also be prohibited from review and approval ..... when the gravel surface is counted as an impervious surface and the property's impervious surface exceeds existing lot coverage requirements under Scarsdale Village code."

Stormwater Improvement in Crane Berkley

The Board scheduled a public hearing on establishing a special improvement district at Crane Berkley pond to allow for stormwater improvements in the pond and ancillary watercourses. Under the plan, homeowners in the neighborhood would share the cost with the Village to clean up the pond.

-Dredging and the removal of mud, silt and undesirable materials
-Stabilization of embankments with grading and planting
-Maintenance of plantings, ponds, watercourses and adjacent areas.

Costs will be funded as follows:

• The Village will pay for 100% of sump maintenance and for cleaning the open watercourse from the sump to the small pond.
• Costs will be shared 60/40 (residents/village) for cleaning the small pond, re-grading, removal of materials and plantings.
• Residents will be 100% responsible for the cost of cleaning the open watercourse connecting the small pond and large pond which may include removal of materials, regarding and plantings as well as 100% of the cost of cleaning the open watercourse exiting the large pond to Tisdale Road.
• The Board of Trustees will determine how much each property owner will pay based on an assessment formula that may include proximity to the ponds, watercourses, frontage etc.

Subdivision on Circle Road:

The Board approved a property subdivision at 15 Circle Road and ordered the payment of $41,250 for the subdivision recreation fee.

New Acting Village Justice:

The Board appointed a new Acting Village Justice to replace Arlene Katz who was elected to be a Westchester County Family Court Judge after serving 19 years in Scarsdale. Joaquim Alemany was appointed Acting Village Justice for the unexpired term of Arlene Katz, expiring in April 2015.