Con Ed Rep Offers Little to Appease Frustrated Residents
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With Con Ed’s gas main replacement project now extending from the White Plains border to the middle of Fox Meadow, roads have been torn up, backhoes, dump trucks, milling machines and drills line the streets and navigating the maze of detours is a new challenge every morning.
What’s more, is that work in one area is not completed before the excavation extends further south.
Residents of Greenacres have been living with detours, heavy drilling and chaos since the summer of 2021, a now, a year and half later, some roads have been repaved while major stretches of others are lined with divots, potholes and gravel. On Walworth Avenue, the portion from Fenimore Road to Gilmore Court has new cobblestone curbs and has been repaved – but the portion from Gilmore Court up to the Scarsdale border remains a mess.
This week, crews started to repave Greenacres Avenue and Colvin Road. Residents received notices to move their cars to other streets to allow for the work. But the progress has been intermittent with crews on the scene one day and nowhere to be found on the next. The street has been milled but no one seems to know if and when they will be back to pave the road.
And now a good part of Fox Meadow Road is under siege, with two crews at work. One started at Fenimore Road and worked south, closing that stretch for months. And another is working their way north from Olmstead Road. Though, at a previous meeting Mike Smith from Con Edison said that Fox Meadow Road would never be totally blocked to traffic, it has been pretty much closed for the last several months.
Village Trustees invited representatives Con Edison to the June 13, 2023 Village Board meeting to provide an update on the work but their presentation did little to appease frazzled residents.
Mike Smith from Con Edison explained that the utility had decided to change the route of the new gas main. Rather than extending south from Fox Meadow Road to Paddington Road as originally planned, the pipeline will now extend the length of Fox Meadow Road to Crane Road. The utility has ambitious plans to reach Crane Road by the end of December 2023. Then in 2024 they will need to continue the pipeline from Scarsdale to Eastchester.
Smith acknowledged that “communication to those affected needs to be improved,” and said a new website would go live with information about real time detours, FAQ’s and project maps. He also displayed a sandwich board with a QR code to access that site and said that email addresses of personnel from Con Ed would be made available so that residents could address issues.
Mayor Arest said, “Why are you doing that at a time when NYC is banning the use of natural gas?”
Trustee Dara Gruenberg said, “It (the work) was supposed to be contained – but it seems like it has exploded…. Is there a schedule of when you are working? Every day is a surprise.”
Smith replied, “We are supposed to work Monday – Friday – though we sometimes have to shut down due to weather. We work with the village to see where street closures are needed and we allow for local deliveries and landscapers. There is 100% access to get in and out of your driveway.
Trustee Gans said, “Con Ed has damaged property and the compensation remains outstanding. What is the process? The resident should not be waiting.”
Smith said, “I meet with each case of property damage. We settle most immediately. There is one where we are working with our legal team. We are finding out if we should be held responsible for that one claim.”
Gans said, “Is Con Ed responsible for tire and wheel damage?” Smith said, “Yes you can ask for reimbursement on our website.”
Arest followed up, asking “Have you ever been charged for the use of the right of way?” To which Smith said, “Not that I am aware of.”
Andrew Sereysky of 57 Walworth Avenue said, “Walworth Avenue is a major road. The last year and a half has been absolute torture though the workers could not have been nicer. Some sections are done, but the part going north is awful. Greenacres Avenue is being milled but they left out one section of Walworth. Why have they begun milling Greenacres before completing Walworth?”
Lauren Kitain of Butler Road said, “It has been very challenging. There have been dump trucks every day. The water mains have been breaking. We didn’t move here from the city to live through this. We can’t use our yard.”
Carlos Urena of 120 Walworth said, “The avenue has not been repaired for a long time. They are also doing work on Colden Road. There have been big trucks in front of my house for a month, on Monday to Friday and Saturdays too.”
Smith offered to meet individually with homeowners to discuss their issues. He also vowed to work with Con Ed’s contractors to make sure that there will be no unnecessary idling of trucks.
As the Village has no control over Con Edison’s access to the streets, local officials have little authority over the scheduling and the upheaval. It’s a frustrating situation for residents who have had impeded access to their homes for years, while knowing full well they will pay for this work in dollars as well via rate increases from Con Edison.
Also at the meeting:
The Scarsdale Concours, a car show that occurred in the Village donated proceeds from the event to the Scarsdale Village Ambulance Corps, The Scarsdale Police Benevolent Association and Scarsdale Family Counseling Service.
At Village Hall
Village Manager Rob Cole announced that the Fourth of July fireworks celebration will be held at the Scarsdale pool on Thursday night June 29 at approximately 9:15 pm. The Westchester Band will perform at 7:30 pm.
Village Hall will be closed on Monday June 19, 2023 in recognition of Juneteenth. There will be no sanitation pick-up on Monday. Food recycling pick-up will be done on Tuesday.
Last he said that the MTA has proposed fare increases of 4% and toll increases of 5.5%.
He said, those concerned, could comment on the MTA website.
Public Comments
Jay Canell of 121 Carthage Road expressed “shock and dismay” about the proposed pickleball project. He said, “I was given no notice though I live 100 yards away.” He objected to potential noise and water issues created by the building of the courts.
I supported the track
Kaare Weber spoke about the sound from the pickleball courts and said they would result in “decreased home values, decreased quality of life and would pit neighbor against neighbor.”
Mayor Arest responded saying, “We are becoming a community of NO. We have to look into the future. This is a pilot solution not a permanent solution. We are not proposing new courts – we are using existing courts so there will be no water issues.”
Yelling from his seat in the audience about the pickleball courts, Bob Harrison said, “We’ll see you in court.” The Mayor asked if the police were present.
Farmer’s Market
Trustee Gruenberg said that the new farmer’s market will be in the village from 9 am to 1 pm on Sunday. Vendors include a cheese seller and “Bad Ass Bagels”
Scarsdale Library
Trustee Ahuja reviewed “large and increasing” numbers of patrons using the library. He also noted that author Geraldine Brooks will be appearing at a sold out event on Friday night at the library.
Resolutions:
Trustees passed a resolution to continue to collaborate with the school district for use of a portion of the Village’s recycling center for the bus depot, maintenance facility and transportation equipment and storage.
They passed a resolution approving code changes regarding unsafe buildings and structures.
They scheduled a public hearing on the noise ordinance for June 27, 2023.
They appointed Charles Hessler to serve as Deputy Town Clerk, replacing Veronica Regazzi who retired.
They appointed Ryad Vachha of 6 Drake Road to the Town Board of Assessment Review to fill the seat of Lynne Clark who resigned.
A Joyous 125th Celebration at Scarsdale Golf Club
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Scarsdale Golf Club, one of the first golf clubs established in the United States, pulled out all the stops in a celebration of its 125th Anniversary the weekend of June 2-4, 2023.
Members enjoyed not only the traditional Anniversary Gala on Saturday night and golf tournament but also lakeside fishing, pickle ball tournaments and swim challenges; a lobster bake dinner, a pool-side Happy Hour; a circus act, a members' classic cars exhibition, and hot air balloon rides. It was an event that will be remembered in the decades to come.
Laura Liu and Jordan Copeland to Lead Library Board of Trustees
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Former Vice President, Laura Liu, will be the President of the Scarsdale Public Library Board of Trustees, succeeding Gary Katz and Jordan Copeland will become the Vice President of the Board.
Commenting on her new role, Liu said, "It is such an honor and privilege to serve as the President of the Board this year. Our renovated library has truly become a jewel and destination for the entire community. From toddlers to seniors and everyone in between, patrons delight in the library's resources and programs. This is the culmination of many years of dedicated work by our director Beth, the staff, and countless volunteers. We have a wonderful Board, with Vice President Jordan Copeland, Financial Officer Robert Jeremiah, Secretary Diksha Mudbhary, trustees Pedro Ladislau, Scott Gerwin, Stephanie Wechsler, Betty Pforzheimer and Jennifer Fischman. The Board, the professional staff, and our beloved Friends of the Scarsdale Library work together to make continuous improvements. There is so much to look forward to!
I have lived in Scarsdale for almost 14 years now. Libraries always held a special place in my heart. Growing up in Yangzhou, China, I wanted to become a librarian. The modest high school library there had Chinese classics as well as translations of the Western Canon. Those books really expanded my horizons. Fast forward to Scarsdale, when the public-private partnership for a renovated library was discussed in the community, I joined the advocacy and had the good fortune of working alongside and learning from many other library lovers. I am inspired by everyone's volunteer spirit and the library's promise of transforming lives. Becoming engaged in the community also gave me and my family a sense of belonging.
Libraries today are not sleepy places just to check out books. Our library is a true hub of community life. We love it that residents are taking full advantage of our facilities, our print and digital collections, museum passes, and our rich lineup of programs serving all groups and interests. We continue to improve our services, technology offerings, diversity and inclusion, and sustainability practices to reflect community values and our times. The library's mandate of free and open access to knowledge and opportunity for everyone is at the heart of everything we do. We always welcome public input on what works well and what can be made better.
I have also served on the school PTAs, the School Board Nominating Committee and at the Huaxia Chinese School of Greater New York. At the Library and in all these other spaces, volunteers from different backgrounds bring their rich experiences and perspectives to the table and serve our diverse community. I am grateful for this opportunity to work with everyone and further our Library's goals.
In other changes, Jordan Copeland will be stepping into the role of Vice President after serving as Financial Officer of the Board. Copeland is an associate village historian, Vice President of the Scarsdale Historical Society, and serves as Finance Chair of the Scarsdale Adult School.
Robert Jeremiah, World Language Teacher at Edgemont Jr./Sr. High School, will become Financial Officer after serving as Trustee on the Library Board for the past 2 years.
Diksha Mudbhary joined the library Board in 2022 and will now serve as Secretary in the year ahead, in addition to serving as a Board member of the League of Women Voters, and as District PTC Diversity, Equity, and Inclusion Committee Chair at Scarsdale Schools.
Commenting on his tenure on the board, Gary Katz said, "I have really enjoyed my five years on the library board, learning and supporting the business of the library and making new friends in our community. While public service in Scarsdale is its own reward, the opportunity to do our work alongside talented and dedicated professionals and smart and committed board members ensures that we make a meaningful contribution to our community."
New to the Library Board this year is Jennifer Fischman, of Secor Farms. A former transactional lawyer in New York and Los Angeles, Jennifer returned home to Scarsdale with her family where she began working as a real estate agent in 2018. She brings excellent negotiation skills, legal knowledge, and deep roots in the Scarsdale Community with her as the latest member of the Library Board.
Of the recent changes in the board, Library Director, Beth Bermel, said, "I have been fortunate to work with dedicated, smart and supportive volunteers on the Library Board, and I look forward to another year with great leadership."
The Library Board serves a key role in the management of a public Library. The Scarsdale Public Library Board of Trustees' responsibilities include discharging fiscal responsibility for the library, adopting policies to govern its operation and serving as advocates for the library in the community.
Homeowner Continues Campaign to Tear Down Mid-Century Modern Home on Birchall Drive
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It’s not over until it’s over – and in the case of the historic preservation of Scarsdale homes, it never seems to end.
In March 2023, the Scarsdale Board of Trustees upheld a finding by the Committee for Historic Preservation that a mid-century modern home at 76 Birchall Drive met the Village’s criteria for preservation and denied an application to tear it down.
The matter had been discussed at several meetings in 2022, when neighbors marshalled considerable evidence to demonstrate that the home was the work of a master architect, Simon B. Zelnik. They also showed that the home possesses distinctive characteristics of the mind-century modern style and retained the majority of its features and integrity and voted to deny the appeal.
Now the applicant, PIM Holding Co, representing homeowner Howard Milstein, have filed a petition in Westchester County Supreme Court to challenge the decision of the Board of Trustees.
In their petition they argue that the decision is “another egregious example of, and is necessitated by, the members of the Village Board of Trustees’ pattern of using the unconstitutionally vague and overbroad criteria of its Historic Preservation Law (Chapter 182 of the Village of Scarsdale Code) (the “HPL”) to preserve non-historic structures in the Village in derogation of the rights of Scarsdale property owners.”
They claim that “In this case, the BOT and CHP arbitrarily, capriciously and unconstitutionally denied Petitioner’s application for a Certificate of Appropriateness (“COA”) under the HPL to demolish Petitioner’s main residence (the “Residence”) (depicted below) located at 76 Birchall Drive.
Furthermore they say the Board, “continue(s) to restrict private property rights in Scarsdale by arbitrarily determining that private residences are historically significant based on vague and overbroad criteria which offer no objective and concrete standard by which a Scarsdale property owner could evaluate whether its home qualifies for historic preservation under the HPL.”
At one of the meetings of the Committee for Historic Preservation the applicant appeared with builder Bobby Ben Simon who was advertising a new home on the property for almost $8 million. From the ad, it looked as if he planned to subdivide the property and build two homes in the place of the one at 76 Birchall.
We reached out to Attorney Troy Lipp from Cuddy and Feder who is representing PIM Holding Co and asked him the following about his client’s motivation:
“Now that the application was denied by the Committee for Historic Preservation and the Scarsdale Board of Trustees, readers are asking why Mr. Milstein is so determined to raze his family’s home, despite a well concerted effort by neighbors to save it and overwhelming evidence that it meets the Village’s criteria for preservation? Considering the prominence of the family and their holdings, why is it so important to them to raze the family home and build two in its place? What is their motivation?"
Lipp said his client had “no comment.”
We asked Scarsdale Village Manager Rob Cole and the Village Attorney for a statement on the petition and here is what they said:
The Applicant in the 76 Birchall matter, PIM Holding Co., filed a Verified Petition pursuant to Article 78 in Westchester County Supreme Court challenging the Board of Trustees’ determination on March 28, 2023, to deny the request for a Certificate of Appropriateness with respect to the home located at 76 Birchall, and to grant the Certificate of Appropriateness with respect to the ancillary structures on the property. The Village maintains that its decision was properly supported by the evidence before the Board, and was otherwise made in accordance with the law, and is hopeful that the Court will afford it due deference and uphold its determination. The Petition is expected to be fully submitted by the end of June with a decision from the Court expected three to four months thereafter.
We also asked them for the status of two additional cases about historic preservation that were pending.
First, we asked if the builder of a home at 41 Hampton Road, Eilon Amidor, who had unlawfully destroyed a historic Tudor home there had been fined, and if so what he had paid the Village.
Cole said, “From a legal perspective, the case has been concluded. The NYS Uniform Justice Court Act limits recovery to $3,000, and Mr. Amidor paid the maximum penalty allowed ($3,000) in February 2023. On a related note, and as you may be aware from their priority discussions, the Village Board has included historic preservation in their 2023-24 work plan.”
We requested an update about another historic home at 11 Dolma Road. The Village Board had also found this home to be historic. The applicants appealed the decision to the Westchester County Supreme Court in an effort to get permission to take it down. That court ruled in the applicants favor. But subsequently the Village of Scarsdale appealed that decision.
Here is where that stands:
"Earlier this year, the Village appealed the Decision of the Westchester County Supreme Court, issued last year in the Dolma case. As of now, the appeal is fully submitted and pending the scheduling of oral argument by the Second Department."
In the meantime, the house at 11 Dolma Road appears to be neglected and there were reports of doors and windows left open and water inside. Some suspect that the owners are attempting to neglect it so that it will no longer be structurally sound.
Scarsdale Board of Education Urges All Residents to Vote on Tuesday
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Dear Scarsdale School Community:
The Scarsdale Board of Education is pleased to present the proposed budget for the 2023-24 school year, as well as a bond proposition for the renovation of the High School Auditorium. The vote for the 2023-24 budget and High School auditorium bond proposition will be on Tuesday, May 16, 2023 at Scarsdale Middle School from 7 AM - 9 PM. Parking is available throughout the day at the lower circle, reached from the school driveway on Kelwynne Road.
The proposed budget and bond are the culmination of a thoughtful and collaborative process, led by the Board and Administration. Deliberations and decisions by the Board were guided by a focus on students, the District’s Strategic Plan, and with thoughtful input from the school community, including school principals, teachers, students, parents, and community groups.
Budget Process and Community Engagement:
The Board’s budget process began with a public listening session in November for the community to share their budget priorities. The feedback from this session helped inform the Administration as they prepared an initial budget proposal. Multiple presentations and Budget Study Sessions afforded opportunities to take a deep dive into each aspect of the District. Members of the Board also attended information sessions hosted by community groups and have responded to numerous questions from the community. The Board voted to approve the budget in April, and have attended meetings at each school to discuss it and answer questions.
This year’s budget process was notable in that multiple budget scenarios were presented by the Administration, including various funding options for the High School Auditorium. This process allowed the Board to have extensive, thoughtful and transparent discussion about numerous item expenses, and how best to fund the High School auditorium renovation.
Budget Priorities and Highlights:
The proposed budget preserves our tradition of excellence in teaching and learning, while adding thoughtful enhancements to address today’s unique challenges and supports the values and goals of our school community. The Board continued prioritization of social and emotional learning support, this year at the elementary level, after adding mental health staffing at the High School and Middle School the past two years. Additional resources for our High School guidance counselors will help our students navigate the changing landscape of college admissions. Our Safety, Security, and Emergency Management (SSEM) plan is further strengthened throughout the District. Energy sustainability initiatives are expected to provide significant cost savings. The proposed budget also allows for the purchase of new accounting software. Analytical studies and community surveys around Wellbeing, Inclusion, Diversity and Equity (WIDE), district bus transportation, and athletic fields (in partnership with the Village), will guide our future work in these areas.
The projected tax levy increase is 1.93%, which is below the state tax cap.
Bond Scope and Funding:
The Board is also pleased to present a $4.75MM bond that would fund a major renovation and restoration of the Scarsdale High School Auditorium. With the last substantial renovation in the 1980’s, this bond would make long overdue, significant capital improvements including enhanced acoustics and lighting, new audience seating, dressing room reconfigurations, improved accessibility, and other updates that will greatly improve the student and community experience. The auditorium is a space utilized every day by our high school students and is a central space for the entire school community. The Board believes that funding this capital project through a bond is appropriate given the significant scope of work and best aligns the taxpayer impact with the expected life of this renovation.
The expected cost per average assessed home in Scarsdale for the bond is less than $28 per year.
Whichever way you vote, participation is an important way to show your involvement in our schools.
SCARSDALE BOARD OF EDUCATION
Amber Yusuf, President
Ron Schulhof, Vice-President
Colleen Brown
James Dugan
Robert Klein
Suzie Hahn Pascutti
Jessica Resnick-Ault