Sunday, May 19th

clothingrecycleDid you know that the average US citizen discards 70 pounds of textiles per year? In effort to reduce textiles in our waste stream, the Village of Scarsdale has established a textile recycling program at the Village Recycling Center,110 Secor Road. Residents are able to deposit their textiles Monday through Saturday, 8AM to 3PM, in the bin provided, as pictured below.

Acceptable textiles include: all clothing, shoes, blankets, towels, bed sheets, hats, gloves, scarves etc. Please place all acceptable items in tied bags before placing them in the bin. This will help insure the clothing stays clean and can be properly recycled and reused.

Unacceptable items include: non-textiles, wet/oil soaked textiles, rugs and carpeting, pillows, mattresses, and furniture. For a list of where to donate such items, please click here; and go to "Donate Reusable Items to Local Charities."

If something is donated by accident, please contact County Recycling, LLC at 1-800-261-7099.

Further questions regarding the textile recycling bin should be directed to Scarsdale Village Hall at (914)-722-1110.

Hyatt-Field-sliderRoadwork, park improvements, sewage treatment and portable lights for football were all on the agenda at a busy meeting on the Scarsdale Board of Trustees on Tuesday September 8th.

Mayor Jon Mark offered an update on a continuing dispute regarding excess amounts of untreated sewage flowing from eleven lower Westchester municipalities into the County Sewer District system that in turn empties into Long Island Sound. Westchester County is subject a consent order with the New York State Department of Environmental Conservation to remediate the situation; and rather than using the County sewer district tax to pay for a study of the district system and potential remedial work, the County is taking the position that 11 municipalities, including Scarsdale, use their tax revenues to fund the work.

If the municipalities fail to meet certain deadlines for completing a study of their sewer systems, the County has threatened to assess them for violations of the Westchester County Sewer Act. Fines under that Act range from $25,000 per day per violation, up to a maximum of $200,000 per day for failure to comply. The Village Manager met with County officials on August 13 to discuss these issues and County officials made no noticeable change in their position. Scarsdale received a letter from the County on 8/28 in which some of the deadlines for completing the study were extended, but the County's demands remain unchanged. The County is seeking to pass the cost off to the municipalities so that the County budget will not exceed the real property tax "cap" which this year is expected to be less than 1%. No matter how the funds for the study and remedial work are collected, ultimately residents of the municipalities involved will bear the cost. Mayor Mark and Village Manager Steve Pappalardo have reached out to County Legislator Ben Boykin to assist in advancing the Village's position on this matter with the County.

 

In addition to these pressures, a non-profit group called "Save the Sound" has sued the County, and indicated its intention to sue the eleven municipalities over these matters.

Later in the meeting, the Village Board passed a resolution to spend $677,840 to clean, televise, repair, line and seal the Quaker Ridge sewer line that was originally constructed in 1933. The line serves 757 Village parcels and $169,460 of the fee is eligible for funding from a grant from New York State.

Roadways:

Mayor Mark announced that $1.5 million in funds will be spent to repair five to six miles of Village roads in the 2015-16 fiscal year. The work will begin now and be done in two phases, with a portion completed in the fall, and more work done in the Spring of 2015.

Even better, the Crane Road exit to Scarsdale Village from the Bronx River Parkway has now opened! Take a drive on the new two lane bridge, or better yet, bike it on Bicycle Sunday this weekend.

Parks:Scarsdale Hyatt Fitness Park

Jason Marra from the Scarsdale Parks and Recreation Department reviewed plans for a new playground, new basketball court and playing fields at Hyatt Park. The park has been redesigned with input from local residents and help from the Village Engineer. A new playground, including ropers, climbing and spinning equipment, is on order along with fitness equipment for adults who can use an outdoor stationary bike, plus elliptical and running machines.

Residents asked the Village to begin work in the fall so that they would have use of the park during the summer months. The new equipment is expected to arrive in October, with installation complete in November.

The Scarsdale Little League has pledged $15,000 to build restrooms at the park, which has two baseball diamonds. The Rec Department is working with the Little League and Village Engineers on the design of the new facilities.

Lights at Supply Field:

The Board approved a gift of four portable lights at Supply Field for the Youth Football Program. Currently, 275 children in grades 3-8 participate in the youth football and flag football programs.

Library:

The Board accepted an anonymous gift of $2,500 to the Scarsdale Library for general operations.

Public Hearings:

Gravel Surfaces:

The Board agreed to hold a hearing on proposed revised Village Code concerning gravel surfaces on September 21. Under the new code, gravel sufaces would be considered impervious – like asphalt. Applications for projects that use gravel surfaces (as pervious surfaces) to exceed lot coverage requirements will not be granted approval by the appropriate Village boards.

Nail Salon at Christie Place:

The Board approved a hearing on September 21, 2015 for an application from the owners of Christie Place for a special use permit to open Flora Nail Salon in one of the storefronts at Christie Place.

The Board agreed to provide $87,500 in funding to the Scarsdale Teen Center for the fiscal year 2015-16.

Car Show:

The 12th Annual Scarsdale Concours Car Show will be held on Sunday October 4 in Scarsdale Village. To accommodate the car show, the Village will temporarily close Spencer Place, Harwood Court, Boniface Circle and Chase Road.

filmreelThe Scarsdale Public Library now offers IndieFlix, a new streaming movie service that provides unlimited access to more than 7,000 independent films. Included are award-winning shorts, feature films, and documentaries from more than 50 countries that were shown at such film festivals as Sundance, Cannes and Tribeca.

The films are sorted by language, genre, or film length with easy-to-use filters. They can be watched on any Internet-enabled computer, smartphone, or tablet with a web browser. Also available on Roku, xBox, and Apple TV via Apple devices.

IndieFlix can be accessed through the library website, www.scarsdalelibrary.org, by clicking on "e-library" on the left and then clicking on "Listen & Read."

DSC07875An appeal to the gravel surfaces moratorium from homeowner's on Cushman Road will not change the Scarsdale Planning Board's recommendation to pass new village code regarding the use of gravel surfaces to meet lot coverage requirements.

The Planning Board has issued their report to the Scarsdale Board of Trustees about an appeal to the newly imposed moratorium on gravel surfaces from the owners of a home under construction at 45 Cushman Road. The BOT asked the Planning Board to consider how the homeowner's case could affect a proposed new law to make the moratorium permanent, and its consistency with Scarsdale's Comprehensive Plan.

The owner's of 45 Cushman were in the process of building a new home on the 1.5 acre lot when the gravel moratorium was imposed in February, 2015. Though they had approval for the house, they had not yet filed plans to build a pool, sports court, terraces and a circular driveway. Once the moratorium was imposed, the size of the circular driveway put the project above the maximum lot coverage requirements, limiting them to the use of a single ribbon driveway rather than a circular gravel drive.

In their recommendation to the Board of Trustees dated August 25, the Planning Board said that due to the unique circumstances, timing and nature of the project, the homeowners should file for a variance for the driveway with the Board of Appeals. However, the Planning Board found that the project does exceed recommended lot coverage and therefore would not change their recommendation to change village zoning code to make the moratorium into permanent law.

The Board found that use of circular gravel driveways is "in keeping with the neighborhood's character," but that "the additional lot coverage and increased residential density is inconsistent with the goals regarding the preservation of open space."

Here is the complete text of their recommendation:

To: Mayor Mark and the Village Board of Trustees From: Dan Hochvert, Chair, and Planning Board Members Date: 8/25/2015
Re: Report regarding the appeal, filed by 45 Cushman LLC for relief from the moratorium involving gravel surfaces
________________________________________________________________
In accordance with Local Laws # 2 and # 7 of 2015, the Planning Board, at its August 12, 2015 meeting, considered the appeal from 45 Cushman LLC for relief from the moratorium on certain projects involving gravel surfaces in order to construct a circular gravel driveway and made the report, attached.

In sum, the Planning Board found the appeal was inconsistent with the Planning Board's recommended amendment to the zoning code. The Board also found there were unique circumstances with the timing and nature of the application; however the Board agreed a better avenue for the applicant would be to file for a variance from the Board of Appeals should the zoning code be amended.

The Planning Board also reviewed the appeal in the context of the Village Comprehensive Plan and found that the proposed circular gravel driveway would be in keeping with the character of the neighborhood, consistent with the Comprehensive Plan's goal to preserve the existing neighborhood character; however the excess residential development and coverage would be inconsistent with the Comprehensive Plan's goal to preserve open space.
Village of Scarsdale

CASE #14 OF 2015
1. Report to the Village Board regarding the appeal, filed by 45 Cushman Road LLC, for relief from the moratorium on certain applications involving gravel surfaces in order to construct a gravel driveway at 45 Cushman Road; Sec. 16, Blk. 1, Lot 4

The Planning Board, at its regular meeting of August 12, 2015, discussed the appeal, filed by 45 Cushman Road LLC, for relief from the moratorium on certain applications involving gravel surfaces in order to construct a gravel driveway at 45 Cushman Road, and upon motion and duly made and seconded, adopted the following unanimously:

Background
Moratorium
The Village Board adopted a moratorium on certain applications to the land use boards and the buildings and engineering departments that involve gravel surfaces on February 10, 2015 and recently extended it until October 30, 2015. The moratorium was adopted to allow the Village time to study the issue of lot coverage and the treatment of gravel surfaces for zoning purposes. The Planning Board, with the assistance of Frederick P. Clark Associates, completed the study in June 2015 and made a recommendation to the Village Board to amend the Village zoning code to include gravel surfaces as lot coverage. A Public Hearing on the proposed amendment is scheduled for September 21, 2015.

Subject Property
45 Cushman Road, in the A-1 (1 acre) single family zoning district, is shown in the Assessor's records as 1.5 acres and was improved with a house built in 1906. The Committee for Historic Preservation found that the house had no historic significance in May 2013. The building permit for the new house was issued in June 2014 and is currently under construction. The property is located in a Sensitive Drainage Area pursuant to Chapter 254 of the Village Code.

The Board of Appeals approved special use permits for the construction of a swimming pool and sports court at the June 10, 2015 meeting. The approved plans conformed to the lot coverage requirements and show a "ribbon" driveway; namely two parallel strips running from the street to the garage.

The appeal, dated July 29, 2015, states the development plan for the property always included the house, terraces, a swimming pool, pool cabana, sports court and a circular gravel driveway. The applicant was planning to file for the special use permits for the swimming pool and sports court in February 2015 when the moratorium was adopted. The project included a gravel circular driveway which, if it were counted as lot coverage, would have exceeded the maximum permitted lot coverage.

Regulations

Local Law #2 of 2105, and Local Law # 7 of 2015, which extended the moratorium on certain applications with gravel surfaces, include an appeal provision and requires the Planning Board to report on "the effect that the prospective variance or modification would have on any proposed zoning amendment and/or the Village's Comprehensive Plan." The law gives the Planning Board 30 days to make its recommendation.

Findings

Potential effect on the proposed zoning amendment
The Planning Board discussed the application's effect on their recommendation to amend the zoning code to include gravel surfaces as lot coverage. The Board found that the appeal to construct a gravel driveway that would exceed the maximum permitted lot coverage is inconsistent with the Planning Board's recommended amendment to the Village Code. The Planning Board would not alter its recommendation as a result of this appeal.

The Planning Board also recognized that the application is unique given the temporal or timing issues described by the applicant, as well as the forethought and planning that had gone into the site's development. Based on those unique circumstances, the Board felt a more appropriate avenue for the applicant to pursue would be a variance request to the Board of Appeals, should the Village Board amend the zoning code. This is consistent with the Planning Board's recommendation that variance requests could be a likely consequence of any zoning code amendment.

Consistency with the 1994 Comprehensive Plan
The Planning Board also considered the appeal and its impact or consistency with the 1994 Comprehensive Plan. The Board found proposed circular driveway is in keeping with the neighborhood's character where some neighboring properties have gravel circular driveways, swimming pools and tennis and/or sports courts. This is consistent with one of the goals of the Comprehensive Plan, namely to preserve the villages' existing architectural character. However, the additional lot coverage and increased residential density is inconsistent with the goals regarding the preservation of open space on single family residential parcels.

It should be noted in reviewing the 1994 Comprehensive Plan, the issue of lot coverage was one of the concerns raised during the public participation process at that time. The village tightened the lot coverage regulations in 1991; however there was still a concern that "new construction and additions are creating homes too large in proportion to their lots and surrounding context". The Comprehensive Plan specifically recommended further analysis of lot coverage and pervious and impervious surfaces.

longislandsoundScarsdale Mayor Jon Mark discussed three issues that the Village will address in the coming months at a summer meeting of the Village Board on August 11.

The first involves a Westchester County Consent decree from the Department of Environmental Conservation regarding the release of untreated sewage into Long Island Sound. The DEC has found that at times the amount of untreated sewage released into Long Island Sound from Westchester County exceeds legal limits and has ordered the County to perform a study to determine what work needs to be done to remediate the situation. The sewer evaluation study (SSES) will determine problems and identify repairs to solve these problems. In addition, they have ordered that retention facilities for untreated sewage in New Rochelle be closed.

According to Mayor Jon Mark, the County undertook negotiations with the DEC and failed to appraise or involve the 10 municipalities affected. In June 2015, the County demanded that the 10 municipalities accept the terms of their negotiations with the DEC, authorizing penalties of $25,000 to $200,000 per day for the release of excess sewage --with costs to be born by the municipalities, rather than the County. In response, the municipalities set up a meeting to review the terms of the agreement on August 13th. Mark contends that since the County is party to the DEC order, these fees should be paid from sanitary sewer district fees collected by the County.

A precedent was set fifteen years ago when similar work was done and paid for by sewer district taxes Mark called this a "regional issue," and said that either way residents will end up bearing the cost of the remediation through higher fees to the County or to the Village.

He also said that several NYS grants might be available to pay for the work, but cautioned that for a variety of reasons Scarsdale may not be eligible.

Lead and Asbestos Abatement

Mark then addressed concerns about lead and asbestos abatement raised at Village Board meetings by resident Phyllis Finkelstein and addressed in the Scarsdale Inquirer on August 7th. Finkelstein was concerned that the Village failed to monitor lead and asbestos levels when an older home at 5 Dobbs Terrace was being renovated, endangering neighbors and their property.

Responding to calls for stricter enforcement and new village code regarding lead and asbestos Mark said that the Village is engaged in a balancing act between providing services and allocating resources to meet these services. He noted that the removal of lead and asbestos is regulated by state and federal agencies. Mark said that the Village could adopt additional regulations to regulate removal, but said that the Village does not have the resources to enforce the code. He said, "Staffing and budgetary priorities are identified during the budget process. While the Village may do more on this topic, there are other issues that have greater impact on Village residents as a whole."

Commenting on the issue, Trustee Bill Stern said, "If you think you have been affected by lead from a teardown, go have your blood tested for lead – that's the way to see if you have been harmed."

Last, Mark alerted residents that the 2% tax cap will actually be even lower this year. The cap is adjusted based on inflation rates, and the Village recently learned from the NYS Comptrollers office, that the adjusted rate is expected to be around .73% - less than 1% -- for the 2015-16 budget year. He warned that the trustees may need to vote to override the tax cap to continue to maintain services in Scarsdale.

Other Village business included the following:

The Board of Trustees accepted a gift of $85,000 from the Friends of the Scarsdale Library for implementation of the library master plan improvement project. The Library Board recently retained Plan A Advisors to undertake a capital campaign to raise funds for the estimated $12 million improvement plan for the Scarsdale Library.

Trustees accepted a gift of $500 from the family of Arthur Manor resident Anthony J. Boggi for a bench to commemorate Boggi who was an auto mechanic for the Department of Public Works, a volunteer firefighter and a resident of Scarsdale Village for 68 years. He passed away on May 23, 2014.

A public hearing was scheduled for September 21, 2015 to consider the repeal of the Lot Area Coverage portion of the Village Code.

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