Residents Sign Petitions For and Against Proposed Building Moratorium

A proposed building moratorium in Scarsdale has residents talking about development, subdivisions, demolitions, stormwater, tree removals and home bulk.

The Board of Trustees proposed the moratorium at their November 14, 2023 meeting and a public hearing on the moratorium will be held on Tuesday December 12, 2023 at 8 pm. A decision on whether or not the Village will move forward with the moratorium is expected in January.

Interested parties on both sides of the issues have been circulating petitions. The first was issued by resident Jim Detmer after an application was considered to tear down a house in “The Woods,” in Edgewood with the intention of subdividing the lot and removing some stately trees. That petition proposed the moratorium so that the Village Board could “hold public work sessions on this subject, and engage consultants and law firms as needed to modernize our codes and strengthen our governance to preserve our neighborhoods from overdevelopment.”
The petition says, “our neighborhood homes are being systematically dismantled by over zealous builders and contractors without regard to history, aesthetics, community and sense of space. NOW IS THE TIME TO STEP UP and make your opinions known.”

This week we received a second petition from Shivi Bansal of Nelson Road. This petition contends that the moratorium would cause “economic disaster and reduction of property values.” It says, ““We have real concerns about the negative impact a moratorium on new construction would have on home values, lost revenue to local businesses and our Village,” said Scarsdale residents Tara and Geoff Sharp. “Surely the building code can be modified to address concerns without shutting down progress and potentially causing tremendous, unanticipated damage to our community.”
You can see it here:

Moratorium Draft Language

For those who want to learn more about the moratorium here is the rationale and the provisions as outlined by Scarsdale Village Attorney Nick Ward-Willis at the November 12, 2023 meeting of the Scarsdale Board of Trustees.

Read the resolution here:

In recent years, the improvements, subdivisions and redevelopments occurring on single- family residential properties have created a number of pervasive adverse impacts, including but not limited to the loss of the architectural and historic qualities and scale that helps define the fabric of our residential neighborhoods as well as negative environmental impacts such as increased flooding, and the destruction of mature trees and natural habitats. These impacts are resulting from, among other things, the rapid pace of demolitions and replacement of older homes, additions being built on single-family properties, the construction of accessory structures, and the subdivision and redevelopment of residential lots. Such development activities create new impervious surfaces thereby diminishing the natural drainage and flood mitigation provided by mature trees and open space. Our natural resources are finite and fragile, and the Village’s infrastructure and other public resources are increasingly being tested by more frequent and severe storm events.

Moreover, new single-family developments are increasingly being built at the limits of our community’s minimum dimensional requirements for setbacks, while maximizing and, at times seeking variances to exceed the limits of floor area ratios, lot coverages, and other bulk requirements. This development trend also places greater challenges upon the Board of Architectural Review and Committee for Historic Preservation which are responsible for maintaining and preserving aesthetic and architectural resources.

The Board of Trustees therefore finds it is in the best interest of the Village to enact a temporary moratorium within the zoning districts designated herein so as to temporarily pause the acceptance, consideration, and approval of certain land use applications, such as applications for subdivisions, demolitions, building permits, site plan approval, and special permits.

This moratorium will allow adequate time for the Board of Trustees to identify and implement such amendments to the Village’s Zoning Code as may be necessary to mitigate or avoid the deleterious impacts of the aforementioned development activities. The Board of Trustees finds that a moratorium will be protective of the public interest and welfare and ensure consistency with any newly-adopted zoning requirements. This moratorium will promote community planning values by regulating land development based on a carefully considered plan and will prevent potential applicants from seeking approvals before new conditions and requirements are established.

Section 2. Statutory and Constitutional Authority.
The Scarsdale Board of Trustees is authorized and empowered to adopt this local law pursuant to Article IX of the New York State Constitution, the New York State Municipal Home Rule, the applicable and relevant sections of the New York State Village Law, and the general police power vested with the Village of Scarsdale to promote the health, safety and welfare of all residents and property owners in the Village of Scarsdale.

Section 3. Definitions.
For the purposes of this local law, unless specified otherwise, all terms herein shall be as defined in the Chapter 310 of the Village Code (Zoning Code), Chapter 251 of the Village Code (Site Plan Review), and Chapter A319 of the Village Code (Subdivision of Land; Planning Board Regulations).

Section 4. Applicable Zoning Districts.
This local law shall only be applicable to Residence A and C Zoning Districts. Section 5. Term.
This local law shall only apply to applications submitted after November 14, 2023, and shall be in effect for a period of six (6) months from the effective date hereof unless repealed, modified, extended or supplemented by further local law of the Village of Scarsdale.

Section 6. Moratorium.
A. Subdivision, Site Plan, and Special Use Permit. No board, committee, agency, department, officer, employee, consultant, or agent of the Village of Scarsdale shall accept for review, continue review, hold a hearing, or make any decision upon any application for approval of a subdivision; site plan; a special use permit pursuant to Village Code § 310-88.A (2) or (4); or a special use permit pursuant to Village Code Chapter 254 concerning Stormwater Management and Erosion and Sediment Control permits (SWEC). All time periods set forth under state law or the Village Code for the processing and making decisions and all aspects of subdivision approval (including but not limited to preliminary, and final subdivision plats), site plan approval and special use permit approval for swimming pools and courts are hereby suspended and stayed while this local law is in effect.

B. Building Permits and Demolitions. No board, committee, agency, department, officer, employee, consultant, or agent of the Village of Scarsdale shall accept for review, continue review, hold a hearing on, continue a hearing, or make any decision upon any application for approval for a building permit or demolition permit to enlarge, construct, or demolish a one-family residential dwelling, accessory building or structure. All time periods set forth under state law or the Village Code for the processing and making decisions and all aspects of applications for building permit or demolition approval as indicated herein are hereby suspended and stayed while this local law is in effect.
Section 7. Exceptions.

This local law shall not apply to:

A. Applications for residential subdivision, residential special permit, and/or residential site plan approval pending before any land use board.
B. Applications to legalize a pre-existing nonconforming condition.
C. Applications to obtain a Certificate of Occupancy in which there is no new exterior construction or land disturbances.
D. Lot line adjustments and re-subdivisions where no new lots are being created and no additional dwelling unit(s), accessory buildings, or structures are being constructed.
E. An existing valid building permit that has been issued, including any renewal thereof.
F. Applications to renew or amend a Special Use permit that has not expired.
G. Applications concerning non-residential uses.
H. Applications concerning generators.
I. The issuance of a building permit required in connection with the repair, maintenance, and/or interior renovations, and exterior alterations which do not increase lot coverage or stormwater runoff.
J. The issuance of a building permit or demolition permit to redress a casualty loss or catastrophic damage.
K. The issuance of a certificate of occupancy in connection with the completion of a project that had submitted a complete application before November 14, 2023.

Read the balance here.

Sales
60 Franklin Road
Picture perfect inside and out, welcome to this pristine home in the heart of Scarsdale's Quaker Ridge. The inviting two story entry foyer opens to the sun-filled living room with fireplace and beautiful views overlooking the lushly landscaped private yard and stunning saltwater pool. The modern state-of-the-art kitchen features fine cabinetry, SubZero refrigerator and Bosch appliances and opens to the spacious formal dining room. Enjoy entertaining in the family room and dining outside in the screened in porch and deck. The primary suite features a luxurious new bathroom with beautiful finishes and offers a steam shower, separate tub and radiant heated floors. The second bedroom with fabulous ensuite bath completes the first floor. The second floor offers three additional spacious bedrooms and two full baths. The sun-filled lower level features bonus space for work, fitness and entertainment and offers a second fireplace as well as additional storage, laundry and utility rooms. Perfectly nestled on almost a half acre, relax by the pool in this tranquil setting. Attention to detail, fine finishes and generous proportions throughout, move right in to this special home!
Sale Price: $1,950,000
Real Estate Taxes: $36,825.29
Assessed Value: $1,402,000

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