Friday, Apr 26th

bistrocitronclosedAt the opening of the August 4 Land Use Committee in Scarsdale Village Hall, Trustee and Committee Chair Jon Mark was testing the microphone and said, “Four score and seven years ago we started this process.” Though he got a laugh, there was truth behind his words. The development of the property at 2-4 Weaver Street has been under consideration for years, and this Board appears determined to see the matter resolved.

On this night the Committee had gathered to get community input on a term sheet for the sale of a strip of Village-owned land that now serves as the driveway to the parking lot of the Heathcote Tavern. The meeting was well attended by a majority of the Board of Trustees, Village Managers and representatives from the Heathcote Five Corners Coalition.

By way of background, development of the site has been hotly contested. In 2010 after considerable opposition from the Heathcote Five Corners Coalition, the Board of Trustees voted against the land sale. But in early 2011, the Planning Board reviewed the specifications for a proposed as-of-right building on the property and concluded that the additional strip of land would allow for a better project, set farther back from Weaver Street and requiring fewer curb cuts. With the encouragement of the Planning Board, in March 2011, developers Fish and Oder asked to purchase the property for $200,000.

At several meetings in the spring to review the proposed sale, the Coalition asked to see specifications of the planned building before the Village consented to the land sale. The developer complied and provided elevations and a site plan that is shown here.

The current Term Sheet negotiated between the Village and the developer includes the following provisions:

  • A four-story building with 27,000 square feet of gross leasable floor area to be built on a deck over the current parking lot.
  • The new building will include ten market rate units and one affordable unit. The project will not be age restricted.
  • The building could only be for residential use. The developer would be prohibited from leasing space to retailers or commercial tenants in the new building.
  • Parking spaces for the residents would be provided on the first level of the building, which would be at the same elevation as Weaver Street. Restaurant parking for the Tavern building would remain below.
  • Height restrictions: According to the term sheet, “The highest roof peak of any new building shall not exceed the highest roof peak of the Tavern building, provided any fourth floor, if set back 20 ft. from the front façade, shall not exceed the maximum height permitted by the Zoning Code. The maximum permitted height is 46 ft. measured, in the case of a building with a flat roof, to the highest point of the roof beams or, in the case of a building with a pitched roof, to a point halfway between the top of the plate and the ridge. The height of any cupola on the new building shall not exceed the height of the existing cupola of the Tavern Building.”
  • The new building would be 20 feet from the Tavern building.
  • If the Tavern Building were to be converted to residences, it could contain no more than four units and the building could only be used for residential, restaurant or office use.
  • The façade of the building, facing Weaver Street, Wilmot Road and Palmer Avenue would be preserved for 25 years.
  • The current number of parking spots at the Tavern would remain.
  • The developer would agree not to seek any variances that would increase the bulk, density or height of the building.

To compensate Oder for these concessions, the sale price of the Village land was reduced from $200,000 to $150,000.weaverstreet2

The Land Use Committee had shared the details of the proposed term sheet with representatives from the Heathcote Five Corners Coalition. In response, the coalition proposed some revisions to the agreement and they were incorporated. However, two stipulations requested by the coalition were deemed to be deal breakers and were not included: the coalition asked to remove parking on the deck level of the structure to decrease the overall size of the building and to limit the amount of office space allowed in the Tavern Building to the square footage of the current office.

The committee asked for comments and there was still resistance. Speaking about the size of the project, Peter Gordon said, “The Five Corners Coalition would have allowed a 31,000 square foot building. The proposed project is now 75% larger than what the builder could be built as of right.”

Martin Kaufman concurred with Gordon, adding, “Increased bulk will bring bigger units and more units. These units could accommodate children and will place a burden on the schools and on traffic. They will be taxed less and therefore be an increase on the burden for school and village.” Furthermore he said, “We were told at the first meeting that the intent of the Planning Board was to have a better, not a bigger, building. This building is much bigger, but not better.”

It should be noted that the Heathcote Five Corners Coalition include the parking spaces in their square footage calculation, while the developer and Land Use Committee do not.

Lika Levi of Lockwood Road questioned the timing of the meeting. According to Levi, “The whole village community should have the chance to answer. People are on vacation in August. I wish we did not discuss in the middle of the summer.”

The trustees assured the audience that there would be additional opportunities to comment on the project, which would next need to undergo an environmental review and be considered by the Planning Board and possibly the Board of Architectural Review.

Trustees shared a letter they had received from the developer. Explaining why they were not willing to meet Coalition demands to remove the parking spaces and limit the office space the developers said, “We have made a big concession; to preserve the building façade and to eliminate retail from the site. We know the building has been part of the Scarsdale landscape for 90 years. We feel that this project will give Scarsdale a gateway project that the community can be proud of.”

Speaking eloquently, Trustee Jonathan Mark, who has lead the process and the negotiations, indicated that he was “prepared to move the process forward.” Though a divergence in views had developed, he questioned exactly what neighborhood character the coalition hoped to preserve. He described the Five Corners as a “hodgepodge of design and use that might benefit from a handsomely designed structure.” He warned that the Coalition’s additional demands on density and office space risked the entire deal -- and if it fell through the developer could raze the entire Tavern and build a new retail complex.

The Land Use Committee ultimately decided to put the sale agreement on the agenda for the Board of Trustees meeting on Tuesday August 9th. And since the membership of the Land Use Committee and the Board of Trustees are one in the same, it appears that this long-discussed land sale agreement will finally be approved.

To gain a more complete understanding of the issue in its entirety, read the statement from Trustee Jonathan Mark that he read at the conclusion of the August 4th meeting of the Land Use Committee below:

Concluding Statement of Jon Mark, Committee Chair

1. Why we are here:

At a March 16, 2011 meeting of the Planning Board at which the Developer’s application to preliminarily discuss a potential project at 2-4 Weaver Street, it was suggested by the Planning Board that the Developer apply to the Village Board for the sale of the Village-owned land. In general, the Planning Board’s motivation was to allow for greater flexibility of design of the project.

By letter dated March 24, 2011, the Developer followed through on the Planning Board’s suggestion and made an offer to purchase the Village-owned land. In summary, the Developer offered to buy the land:

  • For $200,000
  • Asserted that it would not increase the bulk outlined in the then current proposal (consistent with the suggestion of the Planning Board)
  • Proposed there be 10 units in the new building and if converted, up to 4 units in the Tavern building
  • Proposed at least 2 affordable units in addition—for a total of 16 units
  • He requested that no age restrictions be imposed on the units
  • He requested a merger of the Village-owned lot with the lot the Developer owns, and
  • Offered substantial preservation of the façade of the Tavern Building for 15 years, with no use restrictions to be imposed on the building.
  • The Developer requested a response by April 20th.

2. Despite that deadline request, this is the fifth meeting this Committee has held since the date of the Developer’s letter with prior meetings having been held on April 14, May 16, June 7 and June 22. Members of the public attended and were heard at each of these meetings.

3. Over the course of the four months that has elapsed, the Committee has received and considered written and oral comments from residents – chiefly from members of the Steering Committee of the Heathcote Five Corners Coalition, but from others as well. The Committee has also received input from members of the Village staff.

4. The nature of the input received resulted in iterative versions of the Developer’s proposal including a set of preliminary drawings which were revised by the Developer in response to requests for greater specificity and detail by members of the Coalition and this Committee. The principal result of these iterations was to produce a somewhat more refined proposal and along the way, concessions from the Developer with respect to certain items. For example, as a result of the comments received from the Coalition and the other input we received

a. The Developer now says he will not seek setback variances which, if granted would have allowed the proposed building to be built closer to the boundaries of the property.

b. The Developer has indicated that he would agree that the new building will be used solely for residential purposes. It would not be used for commercial purposes even though such use would be permitted under the zoning for the site.

c. Developer had initially proposed that there be no use restrictions imposed on the Tavern building. He has now indicated that he would agree to limit the Tavern building’s use to a full service restaurant, office space and residential use – if it is converted for such purpose.

i. Note that as to use of the Tavern for residential purposes, it is proposed that a maximum of 4 units could be constructed in the building if the Village-owned land was sold to the Developer. This number has remained unchanged throughout the process and in fact was included in a June 11, 2011 written suggestion of proposed conditions received from the Coalition.

d. The number of units originally requested by the Developer for the new building was 12 units which included 2 affordable units. The Developer now indicates he would agree to a total of 11 units, which includes one affordable unit, in the new building.

These use and size limitations should all contribute to reducing the traffic impact the project would have on the five corners intersection as compared to the impact a purely commercial project would have.

e. Regarding preservation of the Tavern Building façade--the exterior walls facing Wilmot Road, Palmer Avenue and Weaver Street-- the Developer had proposed a period of 15 years. He now indicates that he would agree to a period of 25 years. A right to modify the windows in the event residential units were built inside the Tavern Building was initially requested and has not been objected to in the comments we received.

As a result of the give and take, the Developer was granted concessions as well. The proposed cash price has been reduced from the Developer’s initial offer of $200,000 to $150,000 in recognition of the relinquishing of certain development rights that would otherwise be as of right by code for the combined parcels.

And yes, the potential density of the project would increase somewhat from what was originally proposed if the Village-owned land is used.

5. As we have heard this evening, a significant divergence of view has developed with respect to what is referred to as the “density” of the building. There is no difference in view that the Developer would be able to build a larger building using the Village-owned land, than would be the case if he did not own it. However, there is at least some confusion over how to accurately describe the number of square feet a new building will take up using the Village-owned land.

6. In non-numerical terms, what the Developer proposes to build is a deck over a portion of the existing parking lot and on top of that a structure three and a half stories high with the top story being set back from the front of the building. Under the proposed plan a lobby and parking spaces would be provided on the “deck floor” that would be roughly on the same level as Weaver Street. Parking would continue to be provided on the existing parking lot which is at the grade of the Heathcote bypass and which for the most part would be underneath the deck.

7. The difference in view is how to describe the total volume of the proposed structure in square feet. The developer believes that a correct number is 31,800 square feet -- a number which does not include the parking areas on or under the proposed deck. The Coalition believes that a more accurate characterization would be to include all of the parking areas in the square foot measurement which would produce a 55,400 square foot number. I am told neither of these calculations reflects how the size of the building would be calculated under the Village zoning code and regardless of what the number is or how it is calculated, both the Developer and the Coalition agree that it will have to comply with that code in any event.

8. However, the Coalition asserts that its square footage number is the better way to assess the project and based on its number concludes that the proposed new building is too large for the neighborhood. They have therefore proposed a condition that would have the effect of limiting the total square footage of the building such that the proposed parking area on the deck would be eliminated. The Developer has told me today that this proposal is unacceptable to him and, if imposed, would prompt him to withdraw his request to buy the Village-owned land and he would proceed to apply to build what he is able to “as of right.”

9. Notwithstanding these disparate views of the arithmetic, the proposal is – in non-numerical terms to build the structure I described and what we are then being asked to consider is whether in our judgment there is sufficient value to the Village in the restrictive conditions to which the Developer might agree to justify the sale of the Village-owned land to him. As has been made clear to us, most recently in an August 3rd email from a member of the Coalition, the Coalition’s two top priorities are traffic and preservation of the character of the neighborhood, with preservation of the Tavern Building being one element of the second point.

10. Clearly, the size of the proposed project and its use (including the use of the Tavern Building) are two key elements when considering traffic impact. The size of the building can be described and can be circumscribed in a variety of ways with bulk being one. The problem seems to be how to reduce the concept of bulk to a number. The terms presently proposed address bulk using an aggregate number for the building of 31,800 square feet. This number excludes the Weaver Street level proposed parking to which an 11,800 square foot number is assigned and does not include the square footage of the existing parking lot which would be under the deck to be constructed. As noted, the Coalition believes that the appropriate square foot measurement to assign to the project is 55,400 square feet which number includes both parking areas. Both numbers relate to the same proposed structure. So the issue is not that bulk is not addressed, but rather what metric should be assigned to it. It is easy to get lost in this arithmetic debate and lose sight of what the project might look like as a whole.

11. In addition to “density,” the proposed terms contain other restrictions that would limit the size of the new building. It can only include 11 units. The set backs -- front, back and side -- must conform to Village Code and no variances which would minimize code-required set backs (which would allow a building with a larger footprint) are to be requested. The roof peaks of the new building may not be higher than the roof peaks of the Tavern building and the cupola indicated on preliminary drawings of the new building may not be higher than the cupola on the Tavern Building. These parameters in addition to the density description that is contained in the proposed term sheet will naturally limit the size of the new structure -- and hence have some resultant effect on limiting its impact on traffic.

12. Further, there are other elements in the proposed term sheet which should have some benefit for the Village and address in some degree the issue of traffic:

a. Parking for the restaurant and all deliveries to the site must occur within or under the proposed building.

b. Only two curb cuts will be allowed in connection with the development of the new building, a reduction from the present three curb cuts.

13. In addition, the Coalition has requested that any future use of the Tavern building for office space be limited to the extent of the office space use presently in the building. At present, the Tavern houses a full service restaurant occupying most of the building, and I am informed approximately 2,200 square feet devoted to offices. The Developer has said he would not agree to the further restriction requested by the Coalition noting in a letter to us that this is a valuable retail site and that he has been approached by retailers who would demolish the Tavern building and redevelop the site. If the Developer pursued that course of action, the opportunity to preserve the facade of the Tavern building would, of course, be lost.

14. We have also heard tonight about concerns on preserving the character of the neighborhood and the potential negative impact the new building might have by virtue of its size. Looking at the neighborhood right now and recognizing that beauty is in the eye of the beholder, I note that at present, the site in question and the immediate surroundings of it are a hodgepodge of design and use -- none of which is residential. On the 2-4 Weaver site itself is, of course, the existing Tavern Building and a small dance studio that was once a gas station. Immediately across the street is a cleaners operating in a square brick building that was once a post office with a long unused loading dock. Next to that is a gas station. Further across the road is the Wilgrin Building, a mostly Tudor two story structure with a contemporary style one story brick structure tacked on to one end of it. Across the street from that is Balducci’s (originally built as a Daitch Shopwell supermarket) sporting a Disney-like ornament on its roof – and next to that is the now vacant and deteriorating former gas station that was closed to make way for a new two story 11,000 sq. ft. commercial building (which number does not include two levels of parking below). Lastly, there is the handsomely restored former Volunteer Ambulance building which used to be a train station. In short, exactly what character is sought to be “preserved”? The answer to that question is not clear to me -- other than to say it is a commercial area containing an assortment of modest buildings of varying mismatched styles. In my view, the area might benefit from a handsomely designed, well built structure.

15. Thus, while I have taken seriously all of the Coalition and other resident comments we have received, many of which are to be included in the term sheet and will result in improved terms, the additional requests they have made on density and limiting the extent of the office space use of the Tavern Building appear to put the rest of the work that has been done on this matter at risk. The Developer has indicated to me that if those points are pressed he will likely abandon this process and proceed to build whatever he has a right to build.

16. Such a result would be the Village’s loss in my view since other than compliance with the zoning code, the Developer would be free, among other things to build a somewhat smaller structure “as of right” but which could be used wholly for commercial purposes. A commercial use only building would have the potential of greater traffic impact than a building used solely for residential purposes. The other aesthetic elements contained in the proposed term sheet would also be lost.

a. The new building would be only ten feet from the Tavern Building if it remained creating a somewhat more crowded site. Under the proposal, the new building would be 20 feet from the Tavern Building allowing for better landscaping in the gap between the buildings.

b. The obligation to preserve the Tavern façade would not exist and the Developer could tear down the Tavern Building and in his words “redevelop the site” for any number of commercial purposes under the Village Code. If he chose not to do so, he could convert the entire building for some permitted commercial use. Either scenario would have the potential for greater impact on traffic than the current proposal.

c. The Developer could also sell his land to another developer who might have no interest in bargaining with the Village in this manner.

17. In short, the present proposal provides the Village with an opportunity to have significant influence on how the site at 2-4 Weaver is developed above and beyond the requirements of the zoning and other building codes. It strikes me that the input we have had up to this point has been worthwhile and that this opportunity should not be cast aside by insisting on additional refinements in the terms which will cause the Developer to go down another, less restricted path.

18. Lastly, I note that should the Developer continue to apply for approval of his proposed project, there will be further hearings on whatever application he may make before the Planning Board, the Board of Appeals and the Board of Architectural Review. In each instance, residents will have further opportunities to express their views. So tonight’s meeting in no way is the end of the process that this project will have to go through before it can be built and no sale of the Village-owned land would occur until the appropriate approvals are obtained, including the environmental determination.

19. For all of the foregoing reasons, I move that the staff be instructed to amend the term sheet to incorporate the non-substantive language changes suggested by the Coalition, provided that the changes do not change the substantive terms of the term sheet dated July 27, 2011 and only clarify the existing language, and that the amended term sheet be placed on the Village Board’s August 9, 2011 agenda for a vote to refer the amended term sheet to the Planning Board for their consideration as part of the Developer’s application and the appropriate environmental review of the same.

 

 

 

gasscarsdalecitgoA 76 year-old Tuckahoe woman drove he car out of the Citgo station on Scarsdale Avenue before the gas pump was removed from her gas tank on July 26th. As a result, the pump hose was ripped off the fuel base and damaged. When the manager asked the woman for identification she said she had an appointment and drove off. Police were able to get in touch with the woman who apologized and returned to the gas station to document the incident.

Pooligans: On the morning of 7/27, a lifeguard chair from the baby pool was found on the roof of the main pool building. Police believe that pranksters climbed up the roof of the concession building with the chair. Two large picnic tables were also removed from the snack bar and one was placed near the water pumps and the other near the fence by the stables.lifeguardchair1

Animals: A raccoon, running around the Freightway Garage, had to be shot to protect commuters on the morning of 7/26. The raccoon was found in the stairwell between the 3rd and 4th floors of the garage. A trapper was called and he roped off the area, shot the raccoon and removed it.

Thirsty hound: A neighbor alerted police to barking dog on Brambach Road at 10 pm on 7/27. Police found the dog tied up to the garage without water. Police gave the very thirsty dog a bowl of water. When the dog’s owner arrived, police warned him about the noise ordinance and instructed him to give his dog water on hot days.

Lost: On July 25, a ceramic sculpture of a zebra was reported missing from a traffic island at the intersection of Greenacres Avenue and Colvin Road where it was placed in a community garden. The statue was about 3 feet long and 25-30 pounds.

zebraFound: A cracked iPod was found at the intersection of Crane and Chase Roads on July 25th and turned over to Scarsdale Police. A set of Audi car keys and a house key were found on Brite Avenue at Olmstead Road on the afternoon of 7/27 and turned over to police.

A Tisdale Road woman found some strange items on her walkway on Sunday night 7/31 including a tomato in a plastic bag and a plastic knife inserted through a $1 bill - that had letters written on one side and a picture of the “male anatomy’ on the other.

Fraud: A Popham Road man almost became a victim of fraud when he placed an ad on Craig’s List. The Scarsdale man put an ad on Craig’s List to rent an apartment in Brooklyn. Responder Marcus Pan said he wanted to rent the room for his stepdaughter and said he would send a check for more than the required amount. He asked the Scarsdale man to deposit the check for $2,950 and send the remaining amount back to a “John Sims of Brooklyn.” Fortunately the Scarsdale man waited for the check to clear before remitting any funds, and indeed the check for $2,950 bounced. The report was made on 7/26.

Fights: Enrico Greaves, a 32 year-old employee at Fenway golf Club was harassed and injured by two former club employees who he knew by the nicknames of AWOL and WAX on the morning of 7/27. AWOL and WAX drove into the club, shouted, “Where have you been” at Greaves and then started a fight. One of the men grabbed Greaves by the neck before fleeing the area. Greaves suffered minor lacerations on the neck but did not wish to provide information to the police, get medical attention or press charges.

On the afternoon of 7/28 a witness called police when he saw a man arguing with a woman at the intersection of Walworth and Greenacres Avenue. The man, who was driving a silver BMW, got out of the car and threw the woman onto the ground while she was slapping him. Police spoke to a man in the area but got no additional information and were not able to locate the man or the woman described.

Arrest: James Patrick Celli of Rye was stopped by Westchester County Police at Rye Playland on the night of 7/27. Since there was an outstanding warrant for his arrest in Scarsdale for driving without a license in a car with a suspended registration he was turned over to Scarsdale Police.

Locked out: A Cushman Road woman called police at 8:30 am on 7/28 when she locked herself out of the house, leaving her two year-old twins inside. The fire department was able to get in through a second floor window. A caretaker got locked out of a Fenimore Road home and the fire department helped him to get access to the house.

Fire on Mamaroneck Road: Just after midnight on July 30th, there was a fire in a stack of firewood at a house on Mamaroneck Road. The fire department arrived and put the fire out. Police asked the homeowner for clues to the origin of the fire. Though the man smokes he said he is always careful to put out his cigarettes and he had no clues as to how the fire might have begun.

Suspicious Shoppers: During the sidewalk sale on Saturday afternoon 7/30, an employee at LF on Boniface Circle called police when a suspicious group of women were in the store. The woman believed that these same women might have been in involved in a shoplifting incident in the past. Police patrolled the store until the suspects left.

Party! Police received complaints about noisy parties on Heathcote Road, Drake Road, Spier Road and at Davis Park on Saturday night July 30th.

Police found two youths sitting on the porch of the Alternative School on Wayside Lane at 11:30 on July 26th. Since the boys did not have a good reason for being there, police asked the boys to call their families to pick them up.

 

 

 

scarsdale-police-car200At 4 am on July 18, a Westchester County Policeman driving north on the Bronx River Parkway near Claremont Road collided with a BMW, driven by a drunk man driving in the wrong direction on the parkway. There were no serious injuries but both drivers were taken to the hospital and the accident caused the Bronx River Parkway to close for hours. According to the Journal News, the driver of the BMW was identified as Nelson Escobar, age 47 of New Rochelle. He was charged with second degree vehicular assault, driving while intoxicated and traffic infractions.

A highly intoxicated White Plains woman became threatening when she was taken by cab to the Fenway Golf Club on the night of 7/12. Terri Popiel, age 55 of White Plains, had been drinking with Rafael Contreras, an employee of Fenway at O’Conner’s Bar on the night of July 12th. The two took a cab back to the club where Contreras resides. The cab was driven by Saif Manik, age 42, also of White Plains. When it was time for Poppiel to exit the cab she took out two small utility knives and brandished them at Contreras. Contreras caught her hands, pushed her back into the cab and then left -- and the driver called the White Plains Police. When police arrived they found Popiel sitting on the ground handcuffed by White Plains Police. Since she was drunk and incoherent, SVAC took her to White Plains Hospital.

Police found Contreras unharmed, inside the club. He also appeared to be drunk and showed police the clothing he was wearing at the time of the incident. It appeared that he had urinated on himself. He also showed police a bite on his left bicep that he had received from Ms. Popiel. He did not know why she had bitten him, but it was a superficial wound and he refused medical attention. Contreras did not want to file charges against Popiel and did not wish to make a statement.

Chase: Two suspects who had been in an accident on the Hutchinson River Parkway on the morning of July 13th abandoned their car and fled on foot along Weaver Street. The man and woman were reported to be running along Weaver in the direction of the Quaker Ridge School. Police found the woman in front of 24 Meadow Road and handcuffed her and put her into the police cruiser. The male suspect proved to be more difficult to capture and police pursued him on foot from Bradford Road to Griffen Avenue. While the man was running from police, he tried to go over a fence at 83 Griffen and damaged five of the vertical fence posts. He was finally caught by a canine unit from the Harrison Police Department with assistance from Scarsdale and Westchester County Police. The man was identified as Akeem Jamaal Fleming, age 27 of the Bronx. After he was booked by the Westchester County Police, he was turned over to the Scarsdale Police where he was charged with criminal mischief for damaging the fence at 83 Griffen Avenue.

Assault: Two female residents at Search for Change at 1241 Post Road in Scarsdale got into an altercation on the evening of July 12th, resulting in the arrest of Brandie Conner, age 20, for menacing and assault. Conner accused her roommate, Thea Perrone, of telling the staff that Conner was a prostitute. In the fight that followed, Conner punched Perrone and then grabbed a kitchen knife and raised it above her head as she approached Perrone. A staff member ran in, told Conner to drop the knife and she cooperated. Perrone ended up with a small cut on the side of her face and redness and swelling on the right side of her face. Perrone said she was “scared for her life,” and said she thought Conner was “coming at me to kill me.” Conner was arrested and the Westchester County Assistant District Attorney recommended that bail be set at $5,000. During the arraignment, Connor twice said, “I pulled a knife on the bitch.” Conner was sent to Westchester County Jail, and the judge issued a temporary order of protection for Perrone.

Threats: On 7/11, a Dolma Road man filed a report about a threat on his life from a business associate. The Scarsdale man was unhappy with operations at a business in which he is an investor. He told his colleague that he wanted to take back the funds he invested in the company. In response, another business associate told the Scarsdale man that the colleague threatened to kill the Scarsdale man if he continued to try to get his money out.

Mad man: At CVS on Popham Road an angry ex-employee of the CVS in Bronxville entered the store at 10 am on 7/12 and threatened and cursed at the store manager. The manager got the man to leave the store, but he continued to curse and yell as he walked toward Garth Road.

Unhappy Customer: On 7/14 at the Bank of America on Christie Place, the manager reported that a customer, Faith Liberman, age 82 of New Rochelle, was upset about her CD Money market account and became loud and disruptive.

Harassed: A 79 year-old Spier Road woman reported receiving multiple phone calls from a man who claimed that she had won $100,000 and instructed her to go to Walmart and pay a $300 fee to claim the funds. Though the woman asked him to stop calling, he called repeatedly and cursed at her before hanging up. While police were at her home, the phone rang, police answered and a man with a Jamaican accent called the policeman a “batty boy” and threatened to shoot him with a gun. The caller I.D. showed that one of the calls came from a Jamaican phone number and the others were from “out of area.” Police told the woman to call Verizon to see if they could block the calls or provide her with a new phone number.

Visitor? A Brite Avenue woman returned home at 6 pm on July 13th to a damaged screen on a rear window. The window had been left open. She also found that items on the kitchen counter had been knocked over and that a loaf of bread had small holes in the bag. She discovered a yellow liquid on the counter top and police concluded that a small animal, possibly a squirrel, tore through the screen and got into the kitchen.

Found: On the evening of July 13, a woman from Old Lyme Road called police to report that she found a pair of lime green shorts and a Gucci belt in her yard, with a bag of cocaine, shorts, and a Visa debit card in the pockets.

Car break-ins: A Fairview Road woman reported that someone had broken the driver’s side front window of her Toyota SUV overnight on 7-14-7/15. A GPS device and iPod touch were stolen. That same night, a Honda parked on Fairview Road was also vandalized. The passenger side front window was broken and a GPS device was stolen.

Mischief: The brother of the groundskeeper at the Girl Scout House on Wayside Lane reported that overnight on 7/14- 7/15 someone destroyed the fencing around the barbeque pavilion. That same night an arrest was made for possession of marijuana near the Girl Scout House. Also, at the tennis hut at the high school tennis courts, a window next to the front door was kicked in sometime on July 16.

On the morning of July 11, police discovered that the street sign at the intersection of Drake and Jefferson Roads had been removed from the pole and thrown into a wooded area.

A Bell Road man reported that he found a real estate sign on his front walk and that his house was egged on July 16. This was the third time this month that mischief had occurred at his home. A neighbor on Bell Road also reported that his car was egged on the night of July 14th. And at 4 am on July 17th, a Greendale Road woman reported that her house was egged by someone driving around in a sedan. In addition, a Brewster Road home was egged on 7/17.

A New Rochelle man, driving on Weaver Street on the morning of July 15, heard something hit his windshield. When he checked he found two small cracks in the glass and did not know if the damage was caused by rocks or a BB gun.

Graffiti was found sprayed on a large rock and a tree at Davis Park on July 17th.

Fire on Brayton Road: At 10 pm on 7/16, a Brayton Road man called to report a fire in the attic. A halogen light bulb ignited a comforter in an upstairs closet. The fire was put out with a fire extinguisher, but fire trucks and emergency vehicles were dispatched to the scene. Since the house was very smoky, the residents had to wait outside. Firemen set up a large fan at the door to draw smoke out of the house.

Deer: A Rye man hit a deer in front of 11 Mamaroneck Road when he was driving westbound on Mamaroneck Road at 10 pm on July 17th. Police were not able to locate the deer and no one was injured.

On 7/11, an Overhill Road woman reported unauthorized charges on her American Express card at Forever 21, Charlotte Russ, Donimos Pizza, LaBella Restaurant and Sprint Wireless. The account has now been closed.

 

maryjaneA federal jury in Bridgeport, CT found SHS graduate Andrew Zayac guilty of murder, kidnapping, possession and a host of other charges in Bridgeport, CT on Friday, July 22nd. Evidence presented at the trial showed that in early 2009, Zayac negotiated the purchase of 68 pounds of marijuana from drug dealer Edward Rivera and arranged to meet Rivera on February 8, 2009, to complete the transaction. Prosecutors contend that Zayac kidnapped Rivera from the Bronx for the purpose of robbing him of the marijuana which was valued at $150,000.  During the course of the kidnapping and robbery, Rivera was shot twice and died as a result of the gunshot wounds. Zayac and his associate, Heriberto Gonzalez, 31, also of the Bronx, then dumped Rivera’s body in Danbury, Connecticut, drove back to the Bronx and burned Zayac’s car. The trial began on July 14 and the jury returned the verdict on July 22nd.

U.S. District Attorney for the District of Connecticut, David B. Fein credited the Drug Enforcement Administration, the Danbury Police Department and the U.S. Marshals Service for excellent work in providing “justice for the victim’s family and loved ones.”

Sentencing is scheduled for October 7, 2011, however Zayac faces a mandatory life sentence for the murder conviction. In a separate trial, Gonzalez was found guilty of one count of possession with intent to distribute marijuana, three counts of destruction/concealment of evidence, and one count of conspiracy to destroy/conceal evidence. He awaits sentencing.

Andrew Zayac was a star soccer player at Scarsdale High School, and graduated from SHS in 1998. In 2000, Westchester County police arrested him and two others for allegedly possessing more than 1,000 ecstasy pills. Zayac is the son of Linda Zayac, a treasured member of the staff of the Greenacres School, and Bob Zayac, who taught physical education and coached soccer at Scarsdale High School for 35 years, and now runs the Soccer Camp for the Village of Scarsdale.

 

beerbottles“It Just Went Plop”: At 5:15 am on Sunday morning July 10th, police responded to an accident at Popham and Lockwood Roads. They found a 2005 Ford Focus parked in the eastbound lane of Popham Road leaking fluid and smashed in the front of the right side. They also found a man standing nearby who said he had called for help.

Police quickly realized the man was drunk and asked him what happened. Referring to the car the man said, “it just went plop.” The man could not describe the accident and admitted to drinking “only beer.” Police inspected the car and found vomit on the floor and inside the driver’s side door. The man who was identified as Nestor A. Medina of Yonkers failed sobriety tests, was arrested and found to have a BAC of .13. His car was towed to Eastchester and he was charged with DWI and driving an uninspected car.

Fight: An ex-girlfriend got into it with a Greenacres boy on the night of July 5th when the boy admitted to hooking up with someone else. The 20 year-old girl, a Purchase resident came to the home of her ex-boyfriend in Greenacres, grabbed his cell phone and went through his text messages. After reading the messages she threw his cell phone on the concrete and broke it. While he tried to pick up the pieces of his phone they continued to argue and she hit him, scratched his neck and ripped his shirt. She then drove away. Shortly after she left, the boy got a text message relayed by a friend warning the new girlfriend to “watch her back.” At that point the boy reported the incident to the police.

Possession: Just after midnight on 7/10 police saw three people running from the tennis hut at Brite Avenue toward Chesterfield Road. Police spotted one of the boys on Chesterfield, pursued him and ordered him to stop. They took the boy back to Brite Avenue where they found marijuana and rolling paper. The boy admitted they belonged to him. Police searched the 19 year-old and found another baggie of marijuana in his sneaker. He was brought to headquarters, charged with unlawful possession of marijuana and released on his own recognizance at 2 am.

Missing wife: On the afternoon of July 6, a 76 year-old Myrtledale Road man came to police to report that his 76 year-old wife was missing and to ask for help finding her. The woman, who is forgetful and on medication for dementia left the house at noon to go to Brae Burn Country Club in Harrison to meet a golf date. However at 2 PM someone from the club called to say that the woman had not arrived. At 3:25 pm, Scarsdale Police broadcast a message to the Harrison and Greenwich Police Departments with a description of the woman and her vehicle information.

The woman was still missing at 5 PM and Scarsdale Police utilized “A Child Is Missing Alert.” However at 5:20 pm, the husband received a call from Il Bacio Restaurant in Cross River to advise him that his wife was there. Lewisboro Police waited with her while her husband drove there to pick her up. Scarsdale Police will follow up with the couple in the future to discuss available services.

Missing Car: On 7/7 the Scarsdale Shell Service Station reported that Junior Julye of the Bronx had failed to return a rented Sonata that was rented through Avis and due back in the station on June 3rd. Neither Avis Security nor the Scarsdale Police were able to reache Mr. Julye by phone.

Missing Groceries: An Olmstead Road woman reported a missing bag of groceries at 8 pm on July 4th. The woman said that on July 1 she had been dropped off by a cab at her house, put the groceries down in front of the house, and walked around the back of the house. When she returned later, the groceries were gone.

Missing Trees: A Post Road man called police on 7/9 when his neighbor’s landscapers cut down trees and branches on his property. Police told the man to contact Village Hall.

Missing Dog: On the nigh of 7/10, a Richbell Road woman found a black lab on her property. The dog had no collar or tags and police took it back to headquarters. When they arrived, the dog’s owner came in to claim her pet and explained that it had escaped the fenced yard. The owner was given a warning.

No Parking: At 6:53 am on 7/11 a neighbor reported that a Ferncliff Road man was parking his car on the lawn. Police found the car on the front lawn and informed the man of a village ordinance prohibiting residents from parking cars on the lawn. The man was given a warning.

Fraud: The accountant at Quaker Ridge Golf Club was contacted by a Chase Bank branch on the evening of July 5 when someone named Jason Lloyd attempted to cash a fraudulent check from the club in the amount of $4,221.13. The club had no knowledge of the man and no employee with that name.

Threats: A Wakefield Road man brought three letters and an envelope to Scarsdale police on July 7th. The letters were threatening in nature and the man suspected they were from a former client.

 

 

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