Scarsdale Board Approves New Code Regulating Disitributed Antenna Systems

The Scarsdale Board of Trustees covered lots of ground at their 2-11 meeting, passing a much-discussed change to village code regulating the installation of distributed antenna systems in the village right of way and hearing public comments on the Homestead Tax Option which threatens to triple taxes for owners of 42 Christie Place Condominiums.

At the opening of the meeting Mayor Bob Steves called for a moment of silence for Eda Newhouse who passed away on Monday February 10 at the age of 88. He noted her "high energy and commitment to the Scarsdale community" and said her legacy would live on and on.

The Board held a public hearing on the Wireless Facilities Communications code. Provisions in the new code regulate the size, height, placement, distance between nodes and appearance of the antennas to minimize their visual impact on the environment. They also specify that landscaping with trees, shrubs be used to shield the site lines.

Among the new provisions for DAS are:

• The proposed facility must be the least intrusive means of closing a significant gap in wireless service.
• The structure and antenna shall not exceed 120 feet in height
• New support structures shall be monopoles
• DAS will be sited to have minimum adverse visual impact
• The appearance of antennas shall be harmonious with its surroundings in terms of color, texture and architectural style.

The new code also outlines a rigorous application and renewal processes.

Though this new code was debated for years, during the hearing there were no public comments and the resolution passed. You can view the new code here:

Tax Cap: The Board passed a resolution to authorize a tax levy in excess of the New York State Tax Cap.

Homestead Act: Debate continued on the adoption of the Homestead Tax Option, following discussions at meetings of the Scarsdale Forum on Thursday February 6 and a meeting of the Scarsdale Trustees on Monday February 10.

In the public comments portion of the meeting, William Sulzer, an attorney from Bronxville who has been retained by the Christie Place homeowners to represent them, posed several questions and was asked to contact Village Manager Al Gatta to review them.

Robert Berg, Chair of the Scarsdale Forum's Assessment Revaluation Committee spoke at length about the Forum's recommendation to adopt Homestead which was approved by the Forum on February 6 by a vote of 11 for to 8 against. He said, "In order to be fair to all, the act must be adopted even though a small number will see their taxes soar.... The decision to adopt the Homestead Tax Act is binary; you either adopt it or your don't... There is no practical way to phase it in over time or mitigate the impact on Christie Place owners who may see their taxes rise by 200 – 300%."

Berg continued, "The average condo owner, with a market value of $1.3 mm, paid about $10,000 in property taxes in 2013. A house valued at $1.3 mm paid about $32,000 in 2013. The condo is taxed as if it were valued at $413,000. The total value of the condominiums is $55 million and they were taxed as if they were valued at $17.5 million and enjoyed a $928,000 property tax break in 2013. The nearly $1 million break is borne by every other homeowner in Scarsdale. How can that possibly be fair?"

He concluded by saying, "You have the ability to cure that inequity now or let it persist indefinitely. If you fail to do so, you will deprive the school board of making that decision as to the school taxes."

Stuart Royal, a homeowner and member of the Board of Directors of Christie Place spoke against Homestead. He pointed out that only 19 members voted at the Forum. He also questioned the valuation of the units used by the Village Assessor's office saying that these values were highly inflated and did not reflect the purchase prices of the units. He said, "We seem to be the scapegoats. We are 42 people stacked on top of each other."

Condo owner Daniel Girardi said "Homestead is about inequities between commercial and residential properties adopted by communities with an industrial base to prevent residential property owners from bearing an unreasonable tax burden. Bronxville and Mamaroneck both rejected it because of its adverse affect on condo owners. Scarsdale is unique because it has one condo property. This would triple our taxes and save $150 for everyone else. It does not seem to be a fair and equitable distribution."

Bob Harrison urged the Board to pass Homestead for "fairness in the community." He told that condo owners that if they have a tax grievance they could file it with the town assessment review board and have their taxes adjusted.

He also discussed a new application pertaining to 8 Heathcote Road that has been filed with the Board of Architectural Review. After the BAR denied the homeowners the right to totally demolish the home, they filed a new application to retain some elements of the façade. He questioned why the Village permitted to do so rather than appeal to the Village Board of Trustees. Village Attorney Wayne Essanason explained that the Building Inspector deemed this to be a new application that was not for a total demolition and allowed it to go before the BAR for a certificate of appropriateness.

Scarsdale Library: Trustee Brodsky read a resolution to use $280,000 from the library's fund balance to re-pave the library parking lot and to retain a professional development firm to lead a fund raising campaign for the library.