Friday, Jun 06th

ChappaquaStationThough Westchester County appears to be complying with the terms of the 2009 Fair and Affordable Housing Settlement, the U.S. Attorney's Office says that Westchester is not doing enough.

According to the U.S Attorney Preet Bharara – who is a Westchester County resident himself – the County has not met their benchmarks. The settlement required that financing for 450 of the 750 affordable units be in place by the end of 2014. The County said that 454 units were funded but the Federal Monitor appointed to oversee the settlement claims that 28 of the 454 units have not been approved. These 28 units are to be built in New Castle at Chappaqua Station however the developer is facing opposition from residents there and has failed to receive the variances he needs to move forward. The U.S. Attorney says that the County should take legal action against the municipality to force approval for the project.

The proposed penalties for failing to break local zoning codes are steep. If the court rules in favor of the U.S. Attorney, Westchester County would pay $30,000 for January 2015 and $60,000 every month thereafter. Assistant U.S. Attorney David J. Kennedy also recommended that Westchester be forced to establish an escrow account of $1.65 million — $68,800 for each of the 24 units short of the benchmark. The county has already lost millions in community development block grants that were earmarked for Westchester but withheld as punishment by HUD.

At a press conference held in front of Hillary Clinton's home on Old House Lane in Chappaqua on July 24, Westchester County Executive Rob Astorino fought back. He warned that home rule, which gives localities the ability to pass laws to govern themselves as they see fit, is being threatened by an "overreaching federal government intent on socially re-engineering America's suburbs. " Astorino also noted that Chappaqua is home to NYS Governor Andrew Cuomo.

He said, "What's at stake is who controls the future of our towns, villages and cities across the nation – the people who actually live in them, or unelected bureaucrats operating out of cubicles in Washington," "What's new is that, if changes are not made, local control of your neighborhood is on the way out."

"The federal government's assault on our local communities in Westchester is dumbfounding, shocking, and counterproductive," said Astorino.

Astorino explained: "Here's how it works. HUD decides whether your neighborhood meets the quotas the agency believes represent the proper balance of race, income, education and other demographic features. If the zip code doesn't measure up, HUD then prescribes corrective measures, which essentially come down to running roughshod over local zoning so HUD can socially engineer the character of your community to bring it in line with its quotas."

11CarstensanIt's rare that Scarsdale's Committee for Historic Preservation agrees to deny a demolition permit for a home in Scarsdale and even rarer when they vote to preserve two homes at their monthly meeting.

The Village's criteria for preservation are strict and as Committee Chair Paul Diamond and William Silverman claimed, under it's new preservation laws, the criteria to preserve homes are even stricter than the criteria set by New York State or the National Register.

Here are the criteria for preservation as set forth in Village code:

In making a determination whether to grant an application for a certificate or to deny such application and require that the building in question be preserved, the Committee shall 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, and
(1) That the building is associated with events that have made a significant contribution to broad patterns of Village, regional, state or national history; or
(2) That the building is associated with the life of a person or persons of historical significance; or
(3) 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 values; or
(4) That the building has yielded or may be likely to yield information important in prehistory or history.

B. The Committee may consider if the building is listed on the National Register of Historic Places, New York State Register of Historic Places or Westchester County Inventory of Historic Places. A national, state or county listing alone is not sufficient to warrant preservation.

However at their July 21st meeting, after considerable deliberation, the Committee voted to deny demolition to two homes: the first was a Collett-built Tudor home at 11 Carstensan Road, built in 1925, and the second was an arts and crafts style home at 1023 Post Road that was featured in the Historic Resources Survey.

The application to demolish 11 Carstensan Road was filed by owner Lin Chen Tien and signed by architect Bana Choura who is also a member of the Committee for Historic Preservation.

Tien claimed that the home was not built by Collett and could not be preserved on those grounds, as the Village records erroneously stated the house was built by a different builder; however committee member Alan Steinfeld displayed a copy of the original building permit which showed that the home was built by Walter Collett. The committee then discussed whether or not Collett, who built 300 homes in Scarsdale, could be called a master. Diamond read passages from a letter sent to the committee by neighboring residents on Carstensan who said, "We have lived at 20 Carstensan since 2007. Collett was known for the quality of materials and workmanship....a Collet-built home is a badge of quality, workmanship and architectural significance... the existing house is an example of Collett's work ...The unique beauty of the street is due to so many of his homes in one location. Carstensan Road is the developer's legacy. Cartensan Road is the best example of his work and is a permanent and distinctive imprint on the face of Scarsdale. Collett lived in Scarsdale from 1923-42 built 300 custom homes. His own home was at 2 Carstensan Road. The demolition of 11 Carstensan would be the loss of a distinctive Tudor home."

Tien, the homeowner argued, "He did not design it. And 10 and 12 Carstensan Road were subdivided and built new in the 1990's. The whole street is Tudor style but there are a lot of newer homes."

Diamond then read another letter that said, "The home was designed for attorney William Haines by architect Walther on a street designed by Collett. Collett designed the street to be built as a rambling country lane. If the house were torn down the lot could be subdivided and two homes could be built." Diamond also showed a photo of the home that appeared in a 1931 book about Collett homes.

Diamond recounted a conversation he had with Andrew Dolkart who is the Director of Preservation at the Columbia Architecture School of planning and preservation. Dolkart established Collett as an important local figure and said 11 Carstensan embodies the type of house that was built in Scarsdale at that time.

Village historian Lucas Meyer said, "Given the quality of the construction and the association with Collett I would be against it coming down."

Architect Bana Choura then spoke but when it was revealed that she was the architect who signed the demolition application, she was recused from the conversation and the vote.

Committee member Alan Steinfeld questioned whether or not Collett was a master, but went on to say, "Cartensan Road is the first neighborhood to be completed under Collett's direction. He was an important builder and laid out homes and neighborhoods that gave Scarsdale its character for decades. It should be preserved under the criteria that says, "That the building is associated with events that have made a significant contribution to broad patterns of Village, regional, state or national history." He added, "It is important to maintain the integrity of the street."

Committee member Joyce Hirsch said, "The house contributes to a pattern of history."

Diamond said, "I feel that it should be saved as well. I think Collett is a master based on the criteria."

Barbara Jaffe said, "Though the process of tearing down Carstensan has already begun, Collett exemplifies Scarsdale. His work represents the time and the period."

Bill Silverman said, "If we can't save this house under this criteria than we can't save any houses. We are preserving it because of architectural quality. If we tear this down, the neighborhood will be destroyed. Of all the houses we see this is a very special house. Look at the windows, the stonework ... it is more distinctive than any we have seen this year. I vote to preserve it under criteria one and three. Carstensan the first road to be completed under the organization. Committee member John Cromwell concurred with Silverman.

Associate Village Historian Jonathan Lerner told the committee, that the property was originally a farm with an apple orchard purchased by the Collett Corporation from Lewis Popham. Lerner believed that this also made the property historic.

Builder Bobby Ben Simon then addressed the committee. He said, "I don't think it rises to the level.... You have the highest responsibility here. You are stepping into someone's house. She owns the house. You are not addressing the guidelines.
When you are about to make a decision about someone else's property you better have the highest standards – and you do not have it. You need to think long and hard before you make that decision on someone's property."

Silverman replied, "This is one of the few houses that meet the strict criteria we have been given."

The homeowner also continued to state her case. She said, "Everything you concluded is based on the decision that this was built by Walter Collett. I am going to challenge the authenticity of everything I heard tonight. So how do we put any credential or credibility on that paper? I am going to assemble a team to challenge it."

She then took another approach and argued, "I can't keep it up. You are supposed to consider the economics. It is over 100 years old – it is hard to keep up! The criteria is arbitrary. The committee's interpretation of each criteria is arbitrary."

A motion was made to find the property of historic significance. The committee voted and five members supported preservation on criteria #1 and #3, with one member voting for preservation on criteria #1.1023 Post Road

The group then turned to a discussion of two homes on the Post Road. The properties at 1023 and 1025 Post Road were presented by builder Matt Miller. He began with an impassioned speech about his love for Scarsdale and a plea for the Committee to be open minded as demolition of one of the homes had been previously denied.

The house at 1023 Post Road is an arts and crafts style home built in 1910. The home was featured in the Historic Resources Survey of the village completed in 2012. The report notes the stucco home's "homey" features, benches, built-in alcove on the façade, porte cochere, arched dormers and round gable window."
Historian According to Diamond, Dolkart believes the home embodies the period and meets the criteria for historic significance.

In the discussion that followed, Joyce Hirsch noted that since the home is not visible from the Post Road she was not "sure what it added to the community." Silverman said, "Our only job is to apply this limited criteria. This is the most distinctive example of this style of architecture." Bana Choura said, "The placement of the home has nothing to do with it. We have to vote to preserve it. If we don't save this, they are gone."

The owner, Matt Miller objected, saying, "Look at the house – is this the work of a master? Is this a great house? Would you want to move into it? Is it worthy of saving? I am hearing you say this a magnificent house? It's not a nice road!"

The committee then voted and agreed to deny the demolition application.

However, the night was not a total loss for builder Matt Miller who did receive approval to demolish the adjacent property at 1025 Post Road, built in 1907.

The committee also cleared the way for demolition of homes at the following addresses:

  • 21 Rectory Lane, Application from Bobby Ben Simon
  • 110 Brewster Road – Application from Joe Daniels
  • 30 Tunstall Road – Presented by Mary Scott
  • 56 Hampton Road – Application from Sarah Kaspers

Diamond told both Tien and Miller that they do have the right to an appeal to the Board of Trustees. So we may not have heard the end of the discussion yet.

indoorpoolWe received this letter from Scarsdale resident John Auerbacher who contributed $625 in support of a Scarsdale Community Center with an indoor pool many years ago. Plans to build the center never came to fruition and below he describes his attempts to have his money returned. We have received several similar queries over the years:

(From John Auerbacher) Many passionate people worked creatively and diligently, but unsuccessfully, to build the Scarsdale Community Center, a proposed indoor pool, fitness center, meeting place and gathering spot for our town. I was an early supporter and enthusiast for this project after we moved here in 1998. For many reasons – insufficient interest, lack of a suitable site, cost and the recession – the SCC was never built.

Thirteen years ago, I was one of hundreds of "Founding Members" who pledged and paid $625 (the estimated yearly membership fee) to demonstrate to the Scarsdale Board of Trustees a certain level of interest. The money was to be placed in an SCC "reserve" account with the Bank of New York.

I have tried sporadically in the last 12 years to obtain a refund "without interest if the Community Center is not built or if you move away" (as the receipt letter stated). Happily, I received a check yesterday.

Yet I am distinctly unnerved because of the difficulty I had in retrieving this money and the absence of communication in the last five years from the SCC. Are there hundreds of residents in a similar situation or am I the only one who didn't receive the memo?

bank3Scarsdale police are asking for your help to track down a bank robber who robbed the Scarsdale Webster Bank on the Popham Road Bridge on Saturday morning July 18 at 11 am. The suspect, seen here, entered the bank, demanded cash and left with an undisclosed amount.. He then fled east on Popham Road.

The suspect is described as a white male, approximately 5'11" to 6'1" and 200 pounds.

Police say that so far they have not found that the suspect is linked to any other bank robberies.Scarsdale Police are asking the public to help identify the suspect. If you have information call the police at 914-722-1200. Anonymous tips can be submitted by texting VSPDTIP and your tip to 847411 or through the web at www.scarsdale.com/police.

Scarsdale Police are working with the FBI, and two Special Agents from the FBI's Bank Robbery Task Force responded to the scene of the Webster Bank robbery. They are also working with the Westchester County District Attorney's Office Financial Crimes Division and the Westchester County Intelligence Center to assist with imagery evaluation. The investigation is active and DNA samples have been submitted to the Westchester County Forensic Lab. Surveillance video from the downtown area are being analyzed, and more video expected to come in on Monday.

bank1bank4

apps"Parents have no idea what apps are on our phones."
"My parents recognize app names but they have no idea what the icons look like."
"Parents have no idea what apps do and the risks they pose."

These quotes came directly from incoming high school seniors and recent high school grads. According to these teens, their parents have no idea about what apps are on their children's phones. Why should parents care about these apps? Can they be dangerous or used maliciously? What can be done to protect kids from the downsides of certain apps?

Why you should know what's on their phones
Parents are ultimately responsible for their children until they are legal adults. Some apps can be used to bully, form cliques, speak anonymously, rate others and even solicit sex. Parents of tweens/teens should have the ultimate say as to what apps are on their child's phone and they should be familiar with the apps' uses. Apps have gotten teenagers into trouble that will follow them into adulthood and may impact their ability to get into college or find employment.

Even if you do know what apps your kids use, you can't control everything. One high school student told me about an incident that landed one of her classmates on a sex offender list. The classmate downloaded nude photos off the Internet, used Photoshop to change the faces on the photos and then posted them online claiming they were naked pictures of students in the school. Before he was arrested, he even sold hardcopies of the pictures. This was done using only Facebook.

How could apps put your child at risk?
A 16-year-old girl from Pelham High School told me about "Twitter fights" where people are mocked or criticized without using names. Kids post sub-tweets or subliminal tweets that refer to a particular user without directly mentioning their names, as a form of mockery or criticism." The posters think they can avoid any form of blame or punishment since no particular person is mentioned (it's just assumed). The Pelham student said that it has caused many fights between students in her school and allows nasty rumors to spread rapidly.

Teens often use Snapchat to text or post videos because the messages "disappear" kidsappsautomatically after just a few seconds. Teens believe they can send or say anything as the evidence disappears after it is sent. However these photos, videos, and texts don't truly disappear. Others can take screen shots of a picture or text before it is deleted, which has landed some teens in trouble. Snapchat has a security feature that will notify someone if a screen shot is taken, but this feature can be overridden by yet another app. Snapchat has been used by college students, for example, to shame people. "I remember a Snapchat picture going all around college of a girl leaving a guy's room early in the morning after a one night stand- it was awful for her for the next month at school," said one college sophomore. One teen told me that group chats are often very exclusive and are the modern way to form cliques.

Tinder is another popular app that is used to arrange hook-ups. A teen can type in the age and gender of a desired partner and their own geographic radius and instantly find others who fit the bill. Swiping your screen one way allows you to like a photo and the other way allows you to dislike a photo. Hook ups are arranged anonymously. Experts feel that the location service puts kids at risk for stalking or sexual harassment and facilitates face-to-face meetings with strangers and potentially dangerous predators.

Kik (pronounced "keek" by high schoolers, "kick" by parents) is an app that sexual predators use to lure children and teens into submitting naked photos of themselves and to inquire about their sexual experiences. There are 90 million users and there are no parental controls. Education.com ranks it as one of the worst apps for kids. It has been used to transmit child pornography and is often mentioned by pedophiles as their ideal app. A recent Mamaroneck High School graduate told me that nobody at her school uses Kik because the school held an assembly to discuss the dangers of the app. Interestingly, the Kik website has a law enforcement tab which notes that they are sponsoring the 27th annual Crimes Against Children conference.

Many parents have Instagram accounts and use them to post photos of their children. However, it's becoming more common for teens to use Instagram to rate other teens via online beauty and popularity contests.

Yik Yak permits users to chat anonymously and with people nearby. Users can post messages, rumors and comments and vote posts up or down. Though it's rated for ages 17+, anyone can download the app. Two high school students I spoke to said that Yik Yak is used for bullying. School administrators have warned against using it as police can trace messages back to a single phone and user.

What can be done to protect kids from the downsides of apps?
This one's easy. Know your child's phone! Know the app name, recognize the icon, and do your research online to determine whether the app is something you want your child to use. If you decide that an app is potentially dangerous, give your child a good reason why it needs to be deleted.

If an app fits into a "gray" area of safety, talk to your son or daughter about how to and how not to use it. For example, if your teen uses Snap Chat tell them that texts can be saved and recovered by law enforcement. Encourage them not to participate in group texts that are mean or inappropriate.

Educate yourself and your kids about apps and their potential pitfalls. Though the apps listed above aren't inherently dangerous, when misused they can cause a lifetime of trouble. Read advice from a psychologist on parenting tech savvy kids here.