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Written by Joanne Wallenstein

Published: 21 January 2015

Created: 21 January 2015

Last Updated: 21 January 2015

Hits: 5498

In response to residents' concerns about the size of new homes that appear to be popping up all over town, the Land Use Committee of the Scarsdale Board of Trustees agreed to take a look at the Floor Area Ratio (FAR) regulations that were adopted by the Village in 2002 and re-examined in 2006-7. This code regulates the size of new homes and renovations built in the village.

On Tuesday January 20, 2015, Village Planner Elizabeth Marrinan invited architect George Jones, of George Jones Associates who was previously with the Environmental Simulation Center who helped to formulate the original regulations.

Jones told the group that when the original law was drafted, it was not expected to make big changes to home development in Scarsdale -- rather it was intended to offer modest regulation of bulk. He showed the group the following quote from former Mayor Kronlein to illustrate the trustees' intent at the time:

"Big is not necessarily bad and small is not necessarily good. It (FAR) recognizes good design and provides flexibility by permitting a bonus or additional square footage if certain design guidelines are followed. Design factors other than size that contribute to the perception of bulk include shape and massing, roofline, the façade, the location of the garage as well as landscaping. If the house design can successfully hide or mask it bulk the bonus can be earned."

They therefore drafted regulations involving a system of penalties and bonuses that offered rewards in terms of increased space for certain design features and penalties for others that were thought to increase the appearance of bulk.

For example, under the 2002 guidelines, underground garages were penalized while above ground garages earned the builder a bonus. At the time, there was a perception that an underground garage would result in a taller house and an increased appearance of bulk. Also penalized were basements that extend more than three feet above grade and floor to ceiling heights above 14 feet. Oversized dormers would cause attic space to be counted in the floor air ratio equation, while limiting the size of the dormers would allow attic space to be omitted from the equation. Dormered areas above garages were also omitted from the floor area equation as well as basements, explaining why so many new homes today have garages with dormers and fully finished basements extending the entire span of the house. Increasing the side yard setback could also yield a reward of increased square footage.

Initially it appeared that the FAR regulations were causing a modest decrease in home sizes. In the 2006-7 study, experts found that home sizes decreased by 5% while the amount of development remained steady. The 2006-7 found that there was a universal dislike of the design guidelines that were originally accompanied FAR, and they were subsequently abandoned.

Jones then ran through a series of simulations showing the effects of the FAR regulations on an array of homes. He demonstrated how the adjustments mandated by FAR impacted home design and the appearance of bulk.

It was questionable whether or not FAR had been effective. Homes that previously had detached garages in the back of the property or a garage underneath the home were replaced with homes with two car garages with dormered roofs facing the street. Since builders receive bonuses for above ground garages and dormered attics they use that feature over and over again. While detached garages in the back of the house and underground garages are not visible from the street, the new two-car front-facing garages seem to increase rather than decrease the appearance of bulk.

Also discussed were requirements for corner lots, where builders can place the front of the house on the side of the lot, and minimize the setback from the street. While in most areas the setback from the street for the front of the lot is 30 feet, with the side yard setback is 10-15 feet. By facing the front of the house on the side yard, developers can build even bigger homes on corner lots.

Following the simulations, Jones drew a few conclusions:

-Overall, FAR improved the appearance of bulk by 3.3%
-It was marginally to moderately effective at limiting bulk.
-The FAR appear to be more effective on smaller lot that larger lots
-It is possible FAR regulation may have unintended consequences and in some permits may actually increase the appearance of bulk.

In the discussion that followed, Trustee Brodsky noted that though FAR was intended to limit home sizes, in the intervening years FAR has defined not only the maximum home size but the minimum size as well – as builders construct the maximum size homes allowable on the properties that they develop.

What are some alternatives to FAR? Jones reviewed several approaches taken by other municipalities to regulate the appearance of bulk.

A contextual approach would involve surveying existing homes in various zones in town and drafting laws that regulate building size and setbacks to conform to the existing housing stock in the neighborhood. Jones warned against this approach saying that it was not used widely because it is difficult to define the extent of a neighborhood and make contextual decisions on what should be allowed. Marrinan said, "It would be tough to regulate because it would depend on the neighborhood – and other houses on the street. At the time (2002) we thought it was overly complicated."

Form based zoning has become popular as it provides certainty but is inflexible and is often written to regulate styles which can change relatively rapidly. Using this system, laws are writing to define which architectural features can be included including porches, shutters, gables etc. Commenting on form based zoning, Trustee David Lee said, "We are trying to regulate bulk or volume and open spaces between houses. We don't want to regulate style because we don't know what it should be."

Two additional approaches to regulating bulk including defining a pyramid-shaped or angled building envelope in which the home needs to be contained, or using a
"volume" approach, which simply defines the ratio of the volume of the home to the size of the lot to ensure that home sizes are appropriate to lot sizes. Though it was agreed that it would be easy to do this calculation, this approach does not take setbacks and siting into consideration and laws would need to be written to assure that homes are setback from the street and from neighboring homes. Trustee Bill Stern spoke in favor of the volume approach, saying, "I think a ratio of the house footprint to the lot size would take care of a lot of it."

What about simply omitting the loopholes including the bonuses for garages, dormers and setbacks? Would the original code without these "give backs" to builders result in less bulky projects? Jones answered yes – but BAR member Farley Baker disagreed, saying, "I like the design guidelines. Let's keep those but decrease the allowable floor area."

The meeting spanned over two hours and at the conclusion it was evident that this complex issue does not have an easy, one-size fits all solution.

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Written by Joanne Wallenstein

Published: 26 January 2015

Created: 26 January 2015

Last Updated: 27 January 2015

Hits: 6370

Will Winter Storm Juno really dump over two feet of snow on Scarsdale? Though no one can predict the whims of Mother Nature, Scarsdale is preparing for a big one. At 8 am this morning there were already long lines at DeCiccos where the meat and fish counters were virtually empty. Fortunately there did seem to be enough milk, bread and staples to tide everyone over for a few days. The crowd was intent but polite.

Wary after the eleven-day power outage during Hurricane Sandy, some have purchased home generators while others are counting on their neighbors or the glow from the fireplace to keep them warm should the power go out again.

Please stay in touch with Scarsdale10583 during the storm and we will do our best to keep you informed. Send information, comments and photos to scarsdalecomments@gmail.com and we will share them with the community.

Here's the latest information from the Village, the schools and other local organizations:

Schools:
Today, Monday January 26, schools closed early as heavy snow was predicted for the afternoon. The Board of Education meeting that was scheduled for Monday night was cancelled. School will also be closed on Tuesday.

Scarsdale Village:
The Village of Scarsdale, who is responsible for public safety is poised to confront whatever comes our way. A state of emergency has been declared as of 9 pm Monday night and all cars will need to be off the streets during this state of emergency to accommodate the snowplows.

The Village will open an emergency operations center at 6 PM on Monday. See below for information how to contact them should the need arise.

Garbage pick up scheduled for Tuesday January 27 will be done on Wednesday and all garbage must be placed at the curb.

The Village meetings at Village Hall scheduled for Monday night have been cancelled and the Village Board meeting scheduled for Tuesday has been re-planned for Thursday morning.

Greenburgh:
Greenburgh has also declared a state of emergency and asked residents to keep cars off the street to facilitate plowing. An Emergency Operations Center will be opened at Greenburgh Police headquarters at 5 pm tonight. See full details from Supervisor Paul Feiner below:

Here are a few notifications from other organizations around town:

Scarsdale Adult School:
The Scarsdale Adult School classes scheduled for Tuesday, January 27, have been cancelled. Information about make-ups will be provided to registered students once arrangements have been made.

The JCC of Mid Westchester:
The JCC of Mid-Westchester will close at 5 PM on Monday night and remain closed all day on Tuesday January 27th. All classes for adults and children are cancelled and the Arts & Talks session with Professor Ralph Buultjens has been rescheduled for Friday, February 6, 2015, 11:00AM - 1:00PM.

From Scarsdale Mayor Bob Steves:
Scarsdale Village Mayor Bob Steves has issued the following message regarding the upcoming winter storm. Due to the major area snow storm event, I have declared a state of emergency beginning at 9PM, tonight, January 26, 2015. Accordingly for the safety of residents and to facilitate the snow removal operations, all vehicular traffic and parking is prohibited on any street within the Village of Scarsdale. To assist residents in this regard, the Freightway Parking Garage is available for parking while the State of Emergency remains in effect. This State of Emergency will continue until such time is rescined when further public notice will be provided.

The Village will open its Emergency Operations Center at 6PM today. Any storm related calls should be placed to the Center at (914) 722-1150. All Police and Fire Emergency calls should continue to be placed using the 911 emergency call system. To report electrical power outages, please call Consolidated Edison directly at 1-800-752-6633 or visit www.coned.com. This website also provides up-to-date mapping of outage locations.

In addition, garbage collections scheduled for tomorrow, Tuesday, January 27, 2015 have been suspended. Collection of this garbage will be completed Wednesday, January 28, 2015. Due to the anticipated snow accumulations and resulting inability of Sanitation personnel to access rear yards, this garbage MUST be placed at the curb for collection. Collection of newspaper and commingled recyclables scheduled for Wednesday, January 28, 2015 is also cancelled until the next scheduled date.

Please be further advised that all meetings scheduled at Village Hall for tonight, Monday, January 26, 2015, have been cancelled. The Village Board meeting scheduled for tomorrow, Tuesday, January 27, 2015, at 8PM, will proceed as scheduled, however with a limited agenda. The meeting will be recessed to Thursday, January 29, 2015 at 8PM to consider the balance of the agenda.

The Village will provide periodic updates as needed. You may also access Scarsdale's website at www.scarsdale.com and our cable access Channels 75 (Cablevision) and 42 (Verizon) Thank you for your cooperation.

I also ask that all residents be mindful of any neighbors that may need special assistance during this storm.

From Greenburgh Town Supervisor Paul Feiner:

We have declared a State of Emergency in the Town of Greenburgh ahead of the blizzard.

We are expecting blizzard like conditions and all cars should be off Town roads by 9:00pm.

Residents are reminded to keep all vehicles off town roadways for the duration of the storm. If town roads are not passable by Town emergency vehicles / snow plows due to parked cars, cars will be towed.

Snow is expected to continue until tomorrow afternoon with updated totals of 15" to 24" by Tuesday afternoon.

Heavy winds are expected to begin at 8:00am Tuesday morning and continue until 8:00pm Tuesday evening.

The Greenburgh Emergency Operations Center will be open at Greenburgh Police Headquarters starting at 5:00pm today and will remain open as long as needed.

All Town programs and events should be cancelled for Monday afternoon and all day and evening Tuesday.

Tuesday garbage collection is cancelled and re-scheduled for Wednesday.

Wednesday recycling collection is cancelled.

Hartsdale Parking Authority has advised that commuters are required to remove their vehicles from the Parking Authority property by 7:00pm this evening. Site A overnight permit holders may leave their cars in Site A without feeding meters on Tuesday, January 27 and Wednesday, January 28.

The Town has offered free parking in the parking lot of Webb Field on Central Avenue.

The Theodore D. Young Community Center will be the Town Emergency Shelter if needed. If there are power outages...

Governor Cuomo has declared a New York State of Emergency.

The Greenburgh Parks Department (nutrition program) is providing elderly members of the community who receive meals as part of our meals and wheels program with extra food in the event we can't get to their homes during the storm.

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Written by Joanne Wallenstein

Published: 14 January 2015

Created: 14 January 2015

Last Updated: 15 January 2015

Hits: 6638

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.