Scarsdale Planning Board Recommends Easing Noise and Setback Requirements for Home Generators
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The Scarsdale Village Planning Board's examination of Scarsdale Village Zoning Code Chapter 310-7 – "Permanent Emergency Generators" drew a large crowd to its November 28th meeting. With many Scarsdale residents out of power for as many as 11 days in the aftermath of Hurricane Sandy, this issue has become one of central importance here.
This Board revisited several specific issues: noise, placement, fuel source, and certification. Proposed amendments to the law had raised the decibel amount to 65 and allowed for side yard in addition to rear yard installation, but kept the 20 feet setback. Planning Board Chair Jane Veron recognized that these changes were likely insufficient, stating that the "severity and frequency of these storms have changed our assumptions about what is necessary to protect ourselves."
The debate over the code focused on noise during "exercise time," a once weekly maintenance run-through that takes about fifteen to twenty minutes. Many residents voiced their opinions to the Board.
Larry Bell, representing the West Quaker Ridge Association Generator Committee which submitted an extensive twelve-page report to the Board, summarized the Committees' recommendations, which include a process for expedited approval for rear, side and front yard above-ground, outside installations without regard to setback of generators that meet the Village's noise requirements. For front yard installations, residents would need to demonstrate impracticality or hardship. The report also called for an elimination of the five-year recertification requirement. You can download a summary of their report by clicking here.
Residents implored the Board to remember the big picture and not get bogged down in details. Russ Kopp cautioned that the Board was "closing the barn door and leaving the window wide open." Board members must remember, he urged, that if the rules on generators remain too restrictive, residents will install temporary generators, which will be louder and more dangerous than permanent generators. George Sanderson pointed out that in the aftermath of Sandy, the newspaper contained two columns of calls to the fire department from people who had improperly hooked up temporary generators. The Board also questioned expert Lewis Baldessarre from Power Performance who distributes generators. He advocated for a focus on safety rather than noise. He reminded the Board that many individuals need generators for medical reasons and to prevent pipes freezing, and of the dangers of temporary generators.
In addition to safety concerns, Philip Sanchez noted that the lower the decibel requirement, and thus the more expensive the generator, the higher the likelihood of generators becoming cost prohibitive for some families.
Several owners of smaller plots of land reminded the Board that restrictive regulations particularly impact their ability to install emergency permanent generators legally. Ms. Veron stated that the Board held over this discussion primarily because it was concerned that the law did not help small lots and it wanted to ensure that all residents, no matter lot size, can apply for a generator permit.
In response to resident comments imploring the Board to act quickly on this matter, Ms. Veron iterated that "our goal is to move as 
rapidly as possible."
Ultimately, the Board elected to recommend a noise limit of 70 decibels along with an elimination of the recertification requirement, stating that residents have the option to file a noise grievance if generators become too loud over time. It will advocate for noise to be measured according to manufacturers' specifications, as several residents suggested. In that case, decibel amount is measured at 23 feet away from the generator. Additionally, the Board will recommend replacing the 20-foot setback scale with the accessory setback scale for buildings (a graduated scale that takes lot size into account --see chart below). Due to expense, odor, and logistical concerns, the Board did not recommend adding diesel to the list of acceptable fuel sources. Finally, though several residents recommended allowing for front-yard installation, the Board ultimately decided that the current law, which allows residents to apply for a variance if they will experience "undue hardship" without front-yard installation, is sufficient.
Scarsdale Mayor Miriam Levitt-Flisser announced the Village's plan to pass this law as quickly as possible. On December 12, the Village Board Law Committee will meet to review the Planning Board's recommendations. At a public hearing the first week in January, the Village's plan is to enact the law unless residents voice significant opposition. Accordingly, the Village may pass the law as early as the first week in January.
See below for instructions on determine the zone of your house.
1. Navigate your Internet browser to www.scarsdale.com, the Scarsdale Village website;
2. About half way down the home page is the section titled "Interactive";
3. In the Interactive box, click the link to "Online Property Inquiry";
4. The next screen contains a pull down box containing street names in
the Village database. Find the street name about being inquired
about and click on that street name;
5. The next screen contains a pull down box containing numbered street
addresses for that street and the user should click on the specific address being inquired about;
6. The next screen will contain the information contained in the
Village database about this property, including what zone it is
in, assessment information, tax information and permit information back to when the house was originally built.
(This chart and instructions were compiled and supplied to Scarsdale10583 by Bill Kay)
Contributor Lindsay Dembner lives in Scarsdale. She is an English major turned lawyer currently pursuing employment in higher education and education nonprofits.
Scarsdale Bowl Committee Seeks Recommendations
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The 2013 Scarsdale Bowl Committee will begin its work in early December to select the 2013 recipient of the Scarsdale Bowl. The Scarsdale Bowl, under the sponsorship of the Scarsdale Foundation, has been awarded annually since 1943 to an individual, or in rare instances, to a husband and wife, who has given "unselfishly of his/her time, energy and effort to the civic welfare of the community." The founding donors of the Bowl believed that "many who serve generously and voluntarily, without office, honor or publicity, are those deserving of having their names permanently inscribed on the Scarsdale Bowl."
Jane Veron will serve as chair of this year's Scarsdale Bowl Committee. The members of the committee serve staggered two-year terms. The newly appointed Class of 2013 includes Scott Altabet, Bart Hamlin, Pam Rubin, Adie Shore, Carolyn Stevens, and Jeff Watiker. The continuing Class of 2012 includes Linda Chayes, Merrell Clark, Amy Cooper, Alice Herman, Howard Nadel, Jim O'Connor, and Sara Werder. Evelyn Stock, Scarsdale Foundation trustee, will serve on the committee as the liaison, and Deborah Pekarek will serve as secretary/treasurer. Richard Toder, president of the Scarsdale Foundation, is an ex-officio, non-voting member.
The Scarsdale Bowl will be awarded at a dinner on Wednesday, April 17, 2013, at Lake Isle Country Club. The ceremony will pay tribute to the 2013 honoree and to the spirit of volunteerism, central to the civic life of the Scarsdale community.
The Bowl Committee enthusiastically welcomes community input. It will hold its first meeting December 2, 2012, and requests that residents contact any member of the committee with suggestions of potential recipients or email Jane Veron at: jevatf@aol.com. If you have any questions, please contact Jane Veron at 472-2933.
Home Generator Law: Sign a Petition for Change
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Scarsdale Village code relating to the installation of home generators has become a hot topic. During Hurricane Sandy, those who had installed a generator or hooked up a temporary one were able to remain in their homes in relative comfort -- while those without had the choice of freezing or leaving. The lengthy wait for restoration of power left many at the mercy of an unreliable utility company. Now there’s renewed interest in installing a generator but the current Village Code regarding generators is highly restrictive. The noise and setback requirements have made it difficult to get a permit to install one.
The Scarsdale Village Planning Board is in the process of reviewing proposed changes to the law and will discuss them at their next meeting on November 28 at 8 pm at Scarsdale Village Hall. Here is a letter from Jane Veron, Chair of the Planning Board with an update on the law. Below her note, find a letter about the current law from Scarsdale resident Michael Hokin and a link to sign a petition to urge the Mayor and Trustees to amend the law.
(from Jane Veron) I am writing to update the community on the Planning Board's recent and continuing review of the current permanent emergency generator law. Residents may not have followed the Board's previous discussions but now, in Sandy's wake, understandably seek answers. The Board is keenly aware of the widespread need for residential emergency back up support given the increased frequency and severity of storms resulting in extended power outages. Over the past three months, the Board has examined proposed amendments to the law adopted in October 2006, seeking to ease restrictions.
In September 2012, at the request of the Village Board, the Planning Board began to evaluate proposed amendments, addressing the placement and noise restrictions that apply to permanent emergency generators. Specifically, the proposal would permit generators to be located at the sideyard setback in addition to the rear setback and would raise the noise limit for permanent emergency generators from 55 to 65 decibels. The Board also identified other aspects of the law for reevaluation, including the 20-foot setback and the five-year recertification provision.
To inform its judgment, the Board has gathered information from a variety of sources. The Board studied generator laws in nearby municipalities, obtained decibel level specifications of market-ready generators, reviewed variance applications seeking setback relief, and listened to testimony from residents and land use professionals. The Board understands residents' frustrations arising from the difficulty and expense of complying with the code's current standards and also recognizes the inherent dangers and challenges associated with non-regulated portable generators.
At its next regularly scheduled Planning Board meeting, which will be held on November 28 at 8 pm at Village Hall, the Board will again discuss potential revisions to the generator law. At the conclusion of its deliberations and study, the Planning Board will submit a recommendation to the Village Board regarding proposed changes to the legislation. The Village Board will then consider the Planning Board's recommendation and determine whether to enact new legislation. As always, the Planning Board welcomes input from the public. Please feel free to send your written comments in advance of the meeting to planning@scarsdale.com or to join us that night. The Board listens attentively to the community and strives to meet its long term needs for safety and security.
Jane Veron
Planning Board Chair
(From Scarsdale Resident Michael Hokin)
Mayor Flisser and Mr. Gatta:
Over the past eight years, we have lost power at least once a year when a storm occurs. It can be caused by snow, rain, or wind. It doesn’t matter the cause; we reliably lose power and it takes longer each time to have it restored. As a matter of fact, the frequency with which we lose power is laughable versus other neighborhoods in Scarsdale. Post tropical storm Sandy takes the cake with respect to the duration of power lost to our home and many others in the Village. As i write this letter, we are still without power. Certainly, Con Ed can accept some responsibility for the frequency of these blackouts, but the real issue is stop gap measures for homeowners in the event of a blackout. I am writing to protest the existing onerous regulations governing the installation of natural gas generators and suggest that the new norm in violent weather patterns necessitates a significant easing of these
The current strict policy for permanent natural gas installation is fallacious on many levels. One of the basic concerns of the village is the avoidance of noise. Power outages are NOT limited to one home. The outages encompass a neighborhood. Therefore, the concern with noise is ridiculous since everyone in proximity has no power. We have witnessed this first hand this past week as the sounds in the neighborhood are reminiscent of a logging camp. It sounds AS IT SHOULD during a power outage. Currently there is no policy against temporary gasoline generators NOR SHOULD THERE BE. The rules for safer and more permanent installation of natural gas, propane, or diesel generators should be promulgated. I think noise ordinances need to be overlooked during periods of duress or when exceptional circumstances dictate. Professionally installed generators are safer, operate more efficiently, and can raise property values.
Furthermore, breaching a noise ordinance is something that is done regularly when an outdoor party is thrown on a Friday. The safety and well-being for an entire community, I would argue, is entirely different. Also, dark neighborhoods invite criminal behavior. Permanently installed generators drastically reduce this likelihood since they remain on at night. On the contrary, It is advised to turn gasoline powered generators off at night.
Other advantages with natural gas include the following:
- burns safer with hookup to a circuit breaker instead of through an outlet which can cause fires unlike gasoline
- No noxious emissions unlike gasoline
- No problems with the unavailability of gas , gas containers , and oil which we witnessed first hand
Although the Village has good intentions, the rules are outdated and have increased the likelihood of harm and noise to the greater population. Many would have installed natural gas units years ago if it weren’t for these strict rules in place. It’s time for the Village to re-examine these rules. The process for approval should be streamlined as well. It is too time consuming at this time. Like we have seen this past week, people will take matters into their own control when it comes to the safety of their family. This deserves IMMEDIATE attention and resolution and I would appreciate if you could forward this letter to the other Trustees.
Thank you for your consideration.
Michael Hokin
(Petition from Scarsdale Residents)
Greenacres resident Harry Wilson who ran for NYS Comptroller a few years back has started a petition on Change.org to get Mayor Flisser and the Village Trustees to relax the home-generator laws. He is asking Scarsdale residents who advocate change to sign it. Click on this link to add your name to the list.
Scarsdale BOT Considers Changes to Historic Preservation Law
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The Scarsdale Board of Trustees met on Monday night 11/19 to review proposed changes to the Village's historic preservation laws. In 2010 the Board recognized that the current code was not sufficient to safeguard some of Scarsdale's most historic homes and buildings and established an Advisory Committee to see what could be done to protect the homes that give the Village its unique character.
As a result, Li/Saltzman Architects and Professor Andrew M. Dolkart were retained to survey the Village. They reviewed almost every structure in Scarsdale and researched historic information. In their study, which is posted on the Village website, they listed 69 village structures that they believe warrant protection.
Since then, the Law and Land Use Committees of the Scarsdale Board of Trustees undertook a review of the code to adapt it to prevent the demolition of these 69 historic buildings.
The Committee had a choice of whether to predesignate the 69 buildings as historic and thus bar their demolition-- or to allow the current owners of these homes to consent to granting historic status. The current Scarsdale Board of Trustees appears to be leaning toward requiring owner consent.
Historic designation would not prevent renovations to the home – in fact homeowners would be given tax incentives to keep these homes up to date. However, proposed renovations would be reviewed by the BAR – as they are now – to assure that the alterations would not alter the exterior and windows and negatively impact the homes historic value.
In order to make historic designation more palatable to homeowners, the new code would grant limited tax 
exemptions for a period of ten years for any renovations or alternations of the house that increase it assessed value.
The revised code would change the role of the Committee for Historic Preservation that now considers whether or not it is appropriate to allow for the demolition of a home. Under the new code, their primary function would be education and outreach. However, for historic homes where the owners have not consented to historic designation, the CHP would continue to monitor proposed demolitions and function as they now do.
Dan Hochvert, President of the Scarsdale Forum, also discussed the Forum's recommendation for a moratorium on the demolition of these historic homes until the new law could be passed. However the Village Attorney informed the group that this would be illegal.
Also at the meeting, Jon Bensche read a letter that he wrote to the Trustees that urged them to predesignate the 69 buildings as historic, without owner consent. In the letter he questioned whether owners would "volunteer to put their homes under the control of a committee," and asked the Trustees not to "hamstring the committee by requiring consent." He also said, that "historic preservation can and will become a coveted attribute" and suggested that the Village "create the mindset that historic designation is a positive attribute."
After Monday night's meeting, the draft of the proposed new law was returned to Village staff to incorporate changes discussed at the meeting in the draft.
A Stressful Week for the Scarsdale Police
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Scarsdale Public Safety Headquarters took over 3,400 emergency calls during the storm – despite the failure of the new Lightpath communications system. Police and firefighters worked round-the-clock, many staying at headquarters and working overtime to deal with the extraordinary demands of a community in crisis. Most of the calls involved downed trees and wires. Police and firefighters secured the sites and taped off the affected areas to prevent people from stepping on live wires. In some instances, where trees fell on homes, the fire department assessed whether or not it was safe for the residents to remain inside. On the Post Road at 5:37 pm on Monday night, Detective Sherri Albano watched a tree take down wires and fall onto a car. She was able to assist the driver who got out of the car unharmed.
In the past few days there were scores of calls to the police about suspicious cars and people as it is difficult to tell who’s in town to do repairs and who’s up to no good. In addition, there were several reports of fights between frustrated residents and Con Edison workers.
As of Tuesday November 5, the communications system has been restored and police and firefighters are continuing to do everything they can to keep residents safe and secure our property. Police are patrolling dark streets to guard against burglars, checking homes and making welfare visits to the elderly who insist on staying in their unheated houses, many with no phone service.
For those without power, if the storm this week causes flooding in your home, Lieutenant Thomas Altizio advises you to call the emergency operation department for assistance with pumping at 722-1150.
Here’s more news from the Scarsdale Police:
Con Edison is reporting thefts of electrical wire from residential streets. Metal thieves have been cutting and stealing downed power lines as well as new wire spools left at outage site to facilitate repairs. Con Edison will prosecute anyone who steals equipment, and asks that residents report any suspicious persons in the area of downed electric cables or spools of cables at outage sites.
There have also been reports of Con Ed impostors trying to scam customers. Anyone suspicious of the actions or requests of someone claiming to be a Con Edison employee should ask to see the employees Con Edison employee identification card or call the police to verify they are authorized Con Edison personnel. Legitimate Con Edison employees will have company identification cards.
Burst Pipe at SMS: On Tuesday November 6, the day the Middle School reopened after being closed for a week, a pipe burst in the ceiling above the Fountain House Counselor's office and quickly filled the Fountain office with water and steam, tripping the fire alarm system. The school was evacuated and students went to the field where attendance was taken. Within fifteen minutes, Scarsdale fire personnel allowed everyone to return to the building except for the first floor of Fountain House.
Generator Theft: At 1 am on November 3, residents of Ferncliff Road caught two men trying to steal their generator from the front of their home. They heard a car idling, looked outside and saw two men attempting to steal the $3,000 unit. When the homeowners stepped outside, the two men jumped into their SUV and drove away.
Oops: A 76 year-old Garth Road man drove through police barricades and yellow tape on Boulevard on the morning of 11/1 and collided with downed trees and power lines at the intersection of Boulevard and Clarence Road.
Debris: A Berkeley Road woman called police on October 31 when neighbors dumped a large amount of tree debris in her yard. Police advised that this was a civil matter.
Several tree branches fell on police and emergency vehicles during the storm on Monday night October 29 – and one damaged the roof of a police car.
No gas: On November 2, police got a call from the driver of an SUV who had run out of gas on Church Lane. Police were unable to obtain any gas for the car so they towed it off the road.
