Consultants Propose Changes to Building Code to Reduce Bulk and Lot Coverage
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What will be the outcome of a six-month building moratorium in Scarsdale? Will oversized homes on undersized lots be a thing of the past? How close is too close to the property line or the street for a home to be built? How much of a lot can be covered with impervious surfaces? Will treasured historic homes continue to be knocked down and replaced with two cookie cutter homes jammed onto a lot in the place of one?
These were just some of the issues that elicited a petition from concerned residents in October 2023 and led to the establishment of a building moratorium in January 2024. During the moratorium the Village took a pause on the approval of new building applications and retained BFJ Planning to study and make recommendations on the following:
-Reduce the appearance of bulk
-Reduce stormwater runoff
-Architectural guidelines for principal dwellings
-Maximum buildout analysis
-Historic preservation of older homes
The charge was to examine these issues and “develop specific zoning code changes that effectively address the community’s concerns.”
Working with the consultants were Acting Village Manager Alexandra Marshall, Village Planner Kellan Cantrell, Village Engineer David Goessl, Building Inspector Frank Diodati, Superintendent of Public Works Jeff Coleman, and Village Attorney Nicholas Ward Willis. The Mayor and Trustees Brew and Gans also attended some meetings.
Now five months later, at a work session on Tuesday May 14, 2024, the consultants provided their recommendations to address three items on the list and suggested that two additional items, architectural guidelines and historic preservation, could be examined in a separate contract at a later date.
In order to address lot coverage and home bulk BFJ proposed a long series of changes to existing code. Though many of the proposed changes look like modest tweaks to current regulations, the cover memo from the consultants explains, “Each recommendation alone would not be drastic: however, when combined, they address the two main issues described in the moratorium: the appearance of bulk and stormwater impact.”
Listening to the presentation, it was difficult to envision the potential effects of these changes. Would they prevent some of the most egregious examples of overbuilding that led to the moratorium?
For example, for a house on 1/3 of an acre (15,000 square feet), would increasing the side yard setback by a foot on either 
Neighbors fought an application to demolish 27 Woods Lane, which the buyers proposed to take down and build two homes in its place. Would the new laws prevent that?side, and taking 90 square feet off a 4,800 square foot house noticeably reduce the appearance of bulk? Without renderings, simulations and visual examples of how these new regulations would impact the design and siting of new homes it was hard to know. Perhaps the consultants can provide these visuals so that residents and builders can envision the potential impacts of the revisions.
The report also suggested far reaching changes in the application process, shifting some decisions from the Board of Architectural Review to the Planning Board, and requiring variances for work on non-conforming lots which would be provided by the Zoning Board of Appeals. From the presentation, it was difficult to understand the new approval process; which board would see the application first and how an application would proceed. More work is needed to clarify these points, as in the past, applicants have exploited gaps in procedure to get around Village Code.
Here are highlights of the proposal. Review the entire document here:
Role of the Planning Board
The code change would increase the role of the Planning Board. All applications for building within flood hazard areas would need to get the approval of the Planning Board.
Planning Board review would also be required for any development that impacts the adjoining property buffer. How much disturbance would trigger the need for Planning Board approval? A graduated chart of the thresholds of the percentage of the site that is disturbed for each zoning district is included. Would the Planning Board have the authority to deny an application based on issues with site disturbance?
As the Village currently has no regulations for potential flooding during construction, developers building in flood zones would need to provide and get approval for a Construction Management Plan to show how they are going to protect neighbors from excess water and soil runoff during the building process.
Homes on corner lots, which often appear to be too bulky would also need to be reviewed by the Planning Board due to “their unique sight lines and high visibility.”
A new home on a corner lot on Carthage Road
Open Space Requirement
Another new requirement would be to set requirements for the amount of open space on each lot size. The proposal defines open space as “unoccupied by any structure, building, parking, paving, or other surfaces deemed to be impervious, and which is vegetated and open to the sky, either it is natural unimproved state or landscaped with lawn, trees and other plants, natural rock outcropping, natural water features or wetlands.” The effect should be to limit the coverage of the home, patio, driveway and accessory buildings and preserve green space.
Side Yard setbacks
The consultants propose modest increase in side yard setbacks for most lot sizes. For instance, for 1/4 acre lots, the side yard setback is now 10 feet. The new requirement would be 12 feet. Setbacks for accessory buildings like garages would also be required.
Floor Area Ratio
The proposal includes a small change to the Floor Area Ratio calculation by rounding off the decimal in the formula to the nearest 100th.. place. The change in total FAR permitted is negligible.
Builder’s Bonus
Current building code grants bonus square footage of 100 square feet of floor space for each foot that a house is set back beyond the minimum side yard set back in all zones except those in AA-1 – which are lots of 2 acres and above. Currently, there is a maximum bonus of 280 feet for zones A4 (.17 acres) and A5 (.11 acres), and a maximum of 490 square feet for lots in A2 (half acre) A-2a (1/3 acre) and A3 (1/4 acre) and 840 square feet for homes in A1 on one acre lots.
The consultants recommend small reductions in the bonus as show in the chart below. No one discussed the possibility of eliminating the bonuses all together.
Impervious Surfaces
In order to safeguard open space to reduce flooding, building code defines how much of a lot can be impervious, meaning covered by a building, a driveway, a patio etc. Currently gravel and porous asphalt is considered “pervious” and thus allows more lot coverage. The consultants recommend changing these definitions so that gravel and porous asphalt are considered impervious and counted in the lot coverage formula. They also propose allowing the use of “permeable pavers,” instead of gravel or asphalt.
Lot Coverage
The proposal includes reductions in the permissible lot coverage on lots 1/3 acre and greater. See the chart here:
Height of Homes on Lots 2 Acres or Greater
The proposal includes a “sky incentive” to permit those building on 2 acres or more to increase their setbacks and be permitted to increase the height of the roof from 32 feet to 36 feet in order to create pitched roofs in proportion to the home.
Height of Homes in Flood Hazard Areas
The consultants suggest permitting homes built in flood hazard areas to be permitted 3 feet more in roof height (35 feet). This was suggested so that the entire home could be raised out of the flood plain. However, currently Scarsdale discourages any building in flooded areas so it was not clear why this proposal was drafted.
Escrow
Under the proposed code change, the Village could require applicants to escrow funds to reimburse the Village for fees for the professional review of applications or a SEQRA review. The Village would not issue a certificate of occupancy unless all professional review fees charges had been paid.
What’s Next?
Once the trustees approve the proposed changes the proposed code would be referred to the Westchester County Planning Board and the Scarsdale Planning Board for review, a report and a recommendation. A SEQRA review of the draft law would also be required.
In the discussion that followed the presentation, trustees noted the increased role of the Planning Board and questioned whether more training would be needed, if the size of the Planning Board would need to be increased, if they would need to meet more frequently and if more members would need to be added to the board.
Also discussed was the fact that the consultants had delineated building requirements by zoning district rather than lot size. Since there are variations in lot sizes in districts, in some cases this would permit more rather than less coverage and home size.
Discussing non-conforming lots which would result from the new code, the question was posed, “If the setbacks changed, would you be permitted to build a second story over the first with the original setback?” The answer was that the resident would need a variance from the Zoning Board of Appeals.
The Mayor noted that the code proposal did not address historic preservation, as there was not enough time during the six month moratorium to address the preservation laws as well as the building code. Since many of the building issues are a result of home demolitions, problems may still occur.
The code changes also did not address subdivisions and tree removals or the recommendations of the Scarsdale Forum which some hoped would be included in the proposal. Front yard setbacks were not addressed either. Often an older home, which is set back from the street at a gracious distance is replaced with one that looms over the sidewalk. These were many of the issues that brought dismayed residents to Village Hall in the first place.
The Village Board plans to hold two work sessions on the proposed code changes on May 28 and June 11, 2024. The current moratorium expires on July 19, 2024. If the changes are approved by the Westchester County Planning Board and the Scarsdale Planning Board and get SEQRA approval the new code would go into effect in January 2025. Until that time, the current code remains in place.
It will be interesting to see if all of the questions can be resolved in just eight weeks.
John Clapp who Chairs the Scarsdale Planning Board provided comments to the Village Board on the code proposal.
Summarizing the Planning Board memo, they support the following:
-Site plan review for land disturbances
-Increases in minimum side yard setbacks
-Reclassification of porous asphalt and gravel as impervious
They had concerns about permitting height increase in the FEMA floodplain as they do not support any development in the floodplain.
They said further work needs to be done on the lot coverage and building formulas.
They said they did not think the open space requirement would have much impact due to the lot coverage requirements and that they height increase for 2 acre lots would apply to very few properties.
Residents have been advocating to save this 200 year old tree. An applicant wants to build a driveway in front of the house which would compromise the tree's roots.About site plan review for FEMA floodplain and corner lots, accessory building and FAR amendments they are “neutral” or have “no opinion.”
Given the short time frame for enacting the new code, they recommended the assignment of a “drafting committee” to “accurately implement the recommendations, harmonize them with Village code and identify and address unintended consequences.”
Madelaine Eppenstein, President of Friends of the Scarsdale Parks and a a member of the Board of the Scarsdale Forum, sent us this comment about the proposal. "Many if not all land use issues discussed at the Village Board’s work session on May 14, from impervious surfaces to grading with fill, to zoning and bulk have an intimate, existential connection to the ongoing exploitation of Scarsdale’s tree canopy. Responsible development and adequate code provisions should be protecting the Village tree canopy, not helping to destroy it, despite the well-known services trees provide to mitigate flooding, stormwater runoff, sequester carbon dioxide in the air we breathe, and others. Scarsdale Forum’s February report on these issues sets forth specific recommendations for code amendments and a request for a meeting of stakeholders, which, regrettably, has yet to be acknowledged or scheduled by the Village Board."
Village Trustees Take a First Step Toward Offering Relief to Aggrieved Taxpayers
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Will 216 residents receive refunds of tax penalties and fees they paid when they failed to receive their school tax bills in the mail? On Monday the Scarsdale Board of Trustees took a step to clear the way for the refunds but it will be months before we know if and when the monies will be returned.
As background, in January 2024 it came to light that 216 taxpayers had missed both the first and second installments of their school tax payments, and many claimed that they never received a bill. After an investigation the Village determined that some households had not gotten their bills and put the blame on the U.S Post Office. Even though the onus is on taxpayers to pay their real estate taxes, with or without a paper bill, the Village is looking for a means to forgive and remit fees and penalties to the affected taxpayers. However it’s not so easy as the matter is regulated by NYS law.
Read the Mayor’s February 2024 statement on the issue here:
The Village reached out to State Assemblywoman Amy Paulin who coordinated with State Senator Shelley Mayer to propose resolutions in both houses to permit refunds of penalties due to the failure of the. Post office. Assemblywoman Paulin learned that the Scarsdale Board of Trustees would need to pass a “Home Rule” request to remit the funds as well. They did so at a special meeting on Monday May 6, 2024.
In order for the Village to refund the fees, the resolutions will need to pass in both the NYS Assembly and the NYS Senate before they end their sessions in June. If passed, it will then go to the Governor who will have several months to sign it.
Refunds will not be given to those who made the first payment but failed to make the second, as it’s up to the taxpayer to remember to remit the second installment. Refunds will also not be given to those who were delinquent with school, village or county taxes in 2021, 2022 or 2023.
Though the two-part payment system was intended to ease the burden on taxpayers, it has caused many more late payments resulting in fees and penalties. In February the Mayor said that since the Village adopted the two-part payment process in 2020 the average penalties overall were $1,781,876, up from an average of $496,639 for the fiscal years 2014-15 to 2019-20.
Village Board Passes Budget and Issues Warnings on Water Meters and Signs
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The Village Board wore denim to the 4-30 meeting in recognition of Denim Day.The Village Board voted unanimously to approve the budget for fiscal year 2024-25 at their April 30, 2024 meeting. The budget calls for a tax levy of $48,803,000 which is a 4.93% increase over last year and will translate to an increase of $348.39 for the average household in Scarsdale.
The increase exceeds the NYS Tax Cap which allows for an increase of the levy by the lesser of 2% or the rate of inflation. Given the Village’s non-discretionary costs, such as insurance premiums and pension costs, staying within the tax cap would require a decrease in Village services and the quality of the infrastructure. Therefore, the board agreed that the increase was necessary. See more on what is included in the Village budget here:
Trustees all supported the budget and felt the increase over the tax cap was necessary.
Karen Brew said, “it is important to strike a balance on a budget. We spent a long time hearing from department heads and the list of needs is far more that we could undertake at this time. But we know that these things are coming down the pike. We are investing in the community while striking a balance. I fully support this budget.”
Jeremy Gans agreed, saying, “I think we have done a good job of meeting the expectations of our community. I think the expenditures are necessary, and in some cases overdue, and I hope the community appreciates that.”
Sameer Ahuja said, “I plan to vote yes on the budget. There was a lot of great work by the Village staff and some great debate about how our funds should be invested.”
Jeremy Wise said, “I am new to the board and I am exceptionally impressed by the Village staff and the members of the Village Board – everyone gave it a considerable amount of thought.”
Dara Gruenberg said, “….The Village Board has worked extensively over the course of the last six months to ensure that we deliver a Village budget that balances the needs and wants of the community while also ensuring that we are being fiscally responsible and investing for the future. I feel confident that we have done just that.
This budget includes significant investment in stormwater infrastructure, monies for our parks and recreation facilities as well as renovations and updates to this building, which if you have spent time in this building, you know is in need of attention.
Exceeding the tax cap is a consequential decision for the board, but as many have noted, in prior meetings, the increase from FY 2023-24 in non-discretionary budget items exceeds the allowable levy increase under the tax cap formula before we even consider other areas that need attention for the well-being of the village.
Between the third and fourth pass of the budget, the board made a conscious decision to decrease the amount of fund balance that would have offset an increase in the tax levy. We did this because the philosophy of this board is that we should use fund balance for one-time expenses and not for operating costs. As we have unfortunately seen in some surrounding communities, using one-time monies to fund operating expenses is not only unsustainable but ultimately can lead to the major budgetary issues that are to the detriment of the residents and the welfare of the community. I understand that some do not agree with this approach, and I of course respect those opinions. However, I feel we, as a board, have acted in a manner that is fiscally prudent and balances the needs of all current and future stakeholders in Scarsdale.”
Justin Arest said "Work on this budget started over six months ago and developing a budgetary document like this which has to deal with myriad competing demands so much time in advance is never an easy task. The goal, however is always simple: to create the most responsible fiscal roadmap for our community that takes into account the needs and desires of our residents and tries to effectively provide as much as it can in the most efficient manner possible. There are always tradeoffs, and, there are always deferrals. Much work has taken place in recent history to address a potential overuse of deferrals and to work with the community to determine what is the correct level of programs, services, and infrastructure offerings and improvements that can be provided responsibly. More work will continue on this but I am proud of the improvements to the process and the overall fiscal management and oversight that has taken place and I must thank our Acting Manager, our Treasurer, their teams, and so many more on staff that have made these changes possible.
This will be the highest tax increase I will have voted on since my time on the Village Board. I nor any of my colleagues take that lightly. But we also recognize the inflationary environment we have been living in and hope that the worst of its impacts are behind us.
I want to begin to finish my budget comments specifically on the NY state tax cap. I and I believe all of my colleagues are generally supportive of the concept of a tax cap. While it is not really a cap, having an additional burden to approve a budget over a certain threshold increase is something that makes sense. Where I hope the state can look at the tax cap formula again relates to the inflationary factor. The increase includes inflation but only at the lesser of CPI or 2%. When the cap was created and for many years after, we were in or near a zero interest rate environment. In order to reflect the practical impact of the cap when inflationary pressures are much higher than that 2% limit, and potentially strengthen the tax cap's impact, revisions to the formula should be discussed.
I appreciate Trustee Wise’s comments as a newcomer as I have always felt that while I may not have always agreed with colleagues on the Board over the years, I do believe we have always worked hard and professionally with staff to find the best budgets for our community and always strived to deliver what is needed and expected with the lowest tax increase possible.
Finally, I have tried over the years to share information with residents in different ways to best explain the impact of budgetary changes. We can discuss the increase to the tax rate, the increase to the tax levy, the increase to the budget, I could go on. There is also the impact that these increases have on your total tax bill. Village taxes account for approximately 20% of your total tax bill. So, tonight I am just going to use actual tax numbers for residents in dollars based on the average household. Using market value, not assessed value, the average household is currently about $2.1mm.
The average household in Scarsdale currently pays $8,161.53. The tax cap formula would allow an increase of $231.64. The Treasurer provided the Board with helpful information early in the process that illustrated how just the obligatory increases in pension costs and health and property insurance alone would require an increase of $254.49. So, those non discretionary increases alone already amount to an increase that is about $20 higher than the tax cap threshold. What we have put forward- and I believe will approve- will lead to an increase of $348.39 (total village tax will become $8,509.92) and I am very proud of what we have been able to do in terms of continuing our high level of services and making badly needed improvements to some of our assets and infrastructure."
Renovations at Village Hall
The Board also agreed to an amendment to use $800,000 from the fund balance to finance long overdue renovations to Village Hall. Explaining the decision, Mayor Arest said, “For years there have been proposals to make improvements to Village Hall for efficiency and the comfort of the staff. They have been repeatedly deferred. There is no question that the building needs a massive renovation – or needs to be replaced. We are not going to solve that tonight. Anything will take a minimum of five to six years. This is something for the short term. It will cost about $800,000 to make the improvements in Village Hall. This will come out of the fund balance and is a one-time cost as a stop gap until we know what we are doing with the building. For right now the fund balance is at 21.76% which is above the 15% - 20 % range – if we allocate $800,000 to this project it would bring us to 20.63%.”
Water Meters
The Village has retained an outside contractor to swap outdated water meters but has had poor compliance from residents. Both the Scarsdale Water Department and National Metering Services have sent letters to approximately 1,000 properties that still have the old meters. The new meters allow for online readings of water usage and are more efficient.
In order to get more residents to participate those who do not comply will get a $500 fee on their water bill. If the meter is changed within 60 days, the fee will be waived. If you’re not sure whether or not you need a new meter, call the water department at 914-722-1138.
Lawn Signs
Mayor Arest warned residents not to place lawn signs in the Village right of way. He said, “You are allowed to place lawn signs on your lawn and your property, but not in the Village right of way.” He explained that as a rule, the Village right of way is the space “approximately 13 feet in from the curb.” He said, “Please express yourself on your own property.”
Pickleball
Steve Marciano from 104 Walworth Avenue spoke during public comments and applauded the new pickleball courts at Crossway. However he said, “For the last two years we played pickleball at Brite Avenue. We are dismayed to learn that the Brite Avenue courts are no longer available for pickleball. We are just a few of the Greenacres and Fox Meadow residents who have enjoyed these courts and ask the Village to allow us to continue to play there. If there are neighbor objections – allow it no earlier than 9 am and no later than 6 pm. If we can allow gardeners to work this should be permitted too. Please add the Brite Avenue courts back onto the reservation system.”
Mayor Arest responded saying, “The board tries to make as many people as possible happy – but we are never going to make everyone happy. The Crossway tennis courts need work – and this is a way to make use of the tennis courts before the work is done. At Crossway, the courts are twice as far away from homes as they are at Brite Avenue. And the tennis courts are more appropriate for pickleball. The paddle courts (at Brite Avenue) will not hold AcoustiFence. We don’t think there is a lack of courts based on demand – though we are monitoring usage. For now the courts at Crossway will be the only pickleball courts.”
Public Comments
Bob Harrison asked why the Village Board meeting minutes did include the public comments. He said the minutes were not complete. He also said that written communications to the Village Board are no longer appearing in the agenda. He asked how these communications should be sent. The Mayor said the minutes are intended to be a summary. He encouraged people to go online and watch the meetings. He also said that residents who wish to write to the Board should send them to [email protected].
Denim Day
The manager and Mayor discussed the importance of Denim Day, which this year was on April 17, 2024. The Village Board all wore denim to the meeting to highlight the need to prevent and condemn sexual violence and the Mayor read a portion of the Denim Day proclamation.
Farmers Market
Acting Village Manager Alex Marshall announced the Grand Opening of the Scarsdale Farmers Market on Mother’s Day, Sunday May 12 from 9 am to 2 pm. The market will run from May 12, 2024 to November 24, 2024 and bring local goods from regional farmers to the Village. The market will be hosted by Down to Earth Markets and you can see a vendor list here.
County Tax Due by April 30, 2024
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As a reminder, please note that the Westchester County Tax is due by Tuesday, April 30, 2024; if not paid on-time a penalty accrues on May 01, 2024. Tax due dates and a penalty schedule can be found on the Village Treasurer’s web page here. Per New York State statutes, the property owner is responsible for paying their county taxes and failure to receive a tax bill does not alleviate that responsibility.
County taxes may be paid online. If you will be away during the tax collection period, you may pay your taxes online until 11:30 PM on April 30, 2024.
Alternatively, one may remit payment by mail, in-person at Village Hall, or using the drop-box located at the Village Hall entrance. However, it is important to note:
• Postdated checks cannot be accepted by the Treasurer’s Office. Any postdated check will be returned to the issuer.
• If using U.S. Mail, the envelope must be hand stamped by the Post office no later than April 30, 2024 for the County Tax payment. All payment envelopes must be hand stamped by the post office by 12 AM on May 01, 2024.
• If planning to use the drop box or pay in-person, an on-time payment must be delivered no later than 4 PM on April 30, 2024. For in-person drop-offs please note that the Treasurer’s Office window on the first floor of Village Hall is open Monday through Friday from 9 AM to 4 PM.
Reminder that you can sign up to receive tax bills, receipts and reminders by email by creating an account directly on the Village’s website here.
Questions may be directed to the Treasurer’s Office by phone at 914-722-1170 or by email at [email protected].
New Playground Planned for Greenacres
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After years of negotiations, Scarsdale Village has announced plans to install a new playground on the Village-owned portion of Greenacres field, across from the school.
The existing playground has dated and broken equipment and the baby swings have been missing for five years. A sorry sandbox and worn benches are long overdue for replacement. Funds that were earmarked for the park in previous years were inadequate and were spent on other projects.
Advocating on behalf of the Greenacres Neighborhood Association, President Kirsten Zakierski was successful in her campaign to get Village Trustees to allocate $200,000 in the proposed Village budget for 2024-25 to build the park.
Three proposed designs have been received by the Recreation Department and the neighborhood association sent out an email asking for residents to vote for their favored options. Take a look at them here.
All include two new baby swings!
Here are the three options. What do you think? Submit your feedback below.
- Stormwater Projects, Road Paving and Pool Planning to be Funded in 2024-25 Village Budget
- Village Trustees and Village Justices Sworn In to Office
- At Village Hall: Mayor Says Village is Advocating for a Solution for Tax Issue, Plus the Farmers Market is Back
- Board and Community Offer Thoughts on the State Tax Cap
