Fenway Golf Club Orders Resident to "Cease and Desist" His Noise Complaints
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- Written by Joanne Wallenstein
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A new noise ordinance was passed at Village Hall on Tuesday July 11 – but the timing was too late to save a local resident from legal action.
According to Jeffrey Singer of Hazelton Drive, ever since the Fenway Golf Club did a renovation and moved their parties to a tent the noise from weekend events has been a nuisance.
After numerous calls to the Village, Singer was advised to call the police whenever the noise was too loud, which he did. Police would regularly come to his house and then proceed to the club to ask them to turn down the volume.
However two weeks ago he was shocked to receive a strongly worded cease and desist order via certified mail from Fenway Golf Club. It accused the Singers of using the police force to harass and harangue the members of the club and the people who were paying for their parties to have their night ruined. The complaint said, “We are a potential threat to their revenues,” and if they continued to call the police the club would “initiate further action against us.”
Singer said he called the Village but did not hear back from Village Manager Rob Cole over the year that he has brought this up. Mr. Ward Willis told singer that he was the counsel for the village but not for the Singers, and “that I would need to lawyer up.” Singer said, “I was hoping there would be a resolution soon. That was massively disappointing. I followed the Village’s advice and was left twisting in the wind by the Village. I have spent half my life here because I like it. It was never about decibels. I know about sound engineering… It bothers us a lot. I have lived in harmony with this country club for three decades. It is only when they pivoted to outdoors. They could just move the parties back indoors where they always were and where they belong.”
(Ward Willis said that Mr. Cole got back to Singer on June 28, 2023.)
Later at the meeting, Trustees passed a new noise ordinance that has been discussed for two years. Trustees also asked the police to continue to collect data about noise complaints that can be used for further amendments to the noise ordinance. Commenting on the code change, Mayor Justin Arest said, “It takes a village. This has been two years in the making. There is a meaningful improvement. It is not necessarily finished. The Police Department will continue to collect data.” The new law defines the many kinds of noises experienced in the Village, specifies hours that various noises are prohibited and proscribes penalties for violations. You can see it here.
Does the new noise ordinance prevent Fenway Golf Club from playing loud music at night? Though there is no definition of "nighttime hours" in the new code, it does appear to bar the club from playing music that is audible inside neighboring residences. The code says, "Loudspeakers and public-address systems mounted or placed outdoors: Using or operating any loudspeaker, public-address system or similar device in such a manner that it is Plainly Audible inside the dwelling of an Affected Person, with all windows and doors closed is prohibited, unless it is for the purposes of safety.
So will loud parties in the tent be silenced? Who will need to cease and desist? The neighbors or the club?
Safety
Deputy Village Manager Randy Whitestone made a statement on pedestrian safety. He said, “I will briefly read a few tips that seem like common sense and obvious. But folks should be reminded of those from time to time. And this is from the New York State Department of Health Governor's Traffic Safety Commission Committee and the Department of Transportation. Drivers should yield for pedestrians in crosswalks and intersections. Slow down and obey posted speed limits. We now have a 25 mile an hour speed limit on most village roads. Take extra care around schools, playgrounds and neighborhoods. Always look out for pedestrians especially before turning at a green light or making a right turn on red. Never run red lights. Be careful in passing stopped vehicles. They might be stopping for pedestrians. Pay attention. Do not text and drive. Sharing the road. It is your responsibility to look for others. Pedestrians also need to be responsible. They should cross in marked crosswalks and at intersections. They should use sidewalks. If there are no sidewalks, which is true of many of our roads, they should walk facing traffic. So if you see vehicles and drivers make eye contact with drivers so they see you and stay visible after dark and in bad weather wear light colored or reflective clothing."
Dog Licensing
Also at the meeting, Deputy Village Manage Alex Marshall urged people to get a dog license for their dogs. She said licensing is required for all dogs four months or older. Rabies vaccinations are required as well. Watch a video on how to license your dog here.
Band Concerts
She said there will be free band concerts on Thursday nights at Chase Park and invited people to come down. The Westchester Band Summer Concert Series are at 8 pm and people can bring chairs and a picnic dinner.
Farmer’s Market
The Mayor asked residents to support the Farmer’s Market which is being held in the Village on Sundays from 9 am to 1 pm. He said, “buy something and support it.”
Independence Day Spirit in Scarsdale: July 4, 1959
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Here are remarks from Deputy Mayor Randall Whitestone delivered at the annual Edgewood Fourth of July celebration in Davis Park:
Hello neighbors, and happy Fourth of July. It’s great to be back with you.
Each year Edgewood – which I’ve called home for 28 years – seems to outdo itself with a wonderful parade, amazing marchers, and beautifully decked out bicycles and floats. Congratulations to all of you. And thank you to Matt, Margaret Marcus and the Arthur Manor Neighborhood Association, the police and fire departments, and to all of YOU for continuing this special and historic tradition.
Speaking of history, we continue to live in momentous times. What’s happening in Russia and Ukraine may seem distant, but it will surely have impacts we can’t yet foresee. Scarsdale has long been respectful of both its own meaningful history and of the resonance of events far beyond our shores – and has come together to show it can make a difference.
A few weeks before July 4th in 1959, local luminaries began an effort to mobilize Scarsdale to send aid to our ally, South Korea, ravaged by a three-year war that caused widespread death and destruction throughout the peninsula, pausing only after a 1953 armistice – 70 years ago this month. This local effort was led by Dr. Howard Rusk of Greenacres, known as the father of modern rehabilitation medicine, and attorney Robert Delany who lived four blocks from here on Gaylor Road. More about Mr. Delany in a moment.
The theme of their project was, “Independence – everyone’s declaring it, Scarsdale’s sharing it.” Proceeds from fundraising efforts leading up to and including the village wide Fourth of July celebration at Dean Field at the high school, with attendees numbering in the thousands, were to go to the American Korean Foundation. In turn, the foundation, led by Dr. Rusk as chair, would contribute the funds to benefit Korean orphanages, schools, hospitals, and other social-welfare activities.
According to news coverage at the time, all of Scarsdale pitched in: religious congregations, school groups, service clubs, Boy and Girl scout troops, legionnaires, neighborhood associations, political parties, the Chamber of Commerce, and the police, fire, and recreation departments. Juniors and seniors at the high school washed cars and sold cakes. Youth Work Day volunteers cut lawns and washed windows, and 350 scouts distributed celebration fact sheets to 8,000 homes in Scarsdale and neighboring communities. Letters of support came from Synghman Rhee, president of South Korea, and former U.S. presidents Harry Truman and Herbert Hoover. Marilyn Monroe sent a sweater to be auctioned. 
Undersecretary of the Air Force Malcolm MacIntyre later served as the Mayor of Scarsdale.
The celebration on the Fourth itself – “The Day Scarsdale Shared its Independence” – featured a Korean flag handmade by the Girl Scouts, renditions of both the Star Spangled Banner and the South Korean national anthem, a flyover by a member of the Korean Air Force, and a speech by the South Korean ambassador to the United States. Undersecretary of the Air Force Malcolm MacIntyre, later mayor of Scarsdale, was the keynote speaker, telling of his recent trip to US bases in the Far East. Said Mr. MacIntyre, "The destruction visited upon our South Korean friends in their struggle to. remain free and improve their well-being is equally apparent from President Syngman Rhee down. We should be proud that our own boys join with theirs on the ramparts we watch in the common knowledge that eternal vigilance is still the price of liberty."
Less than two weeks later, Robert Delany of Gaylor Road traveled to Seoul, South Korea’s capital, and handed President Rhee a $5,000 check to fund 500 scholarships. In all, the Shared Independence celebration raised about $25,000 – roughly equivalent to about $250,000 today.
Now, just a bit about Mr. Delany: a graduate of Fordham and Brooklyn Law School, he was admitted to the bar in 1937, served as an Army troop commander from 1941 to 1946, and was recalled to duty during the Korean War to oversee “Operation Blue Jay” involving the construction of a series of air bases in Arctic areas including Iceland, Greenland, Labrador and Newfoundland, achieving the rank of colonel in the reserves. Mr. Delany later served as chairman of Icelandic Air; locally, served as a village trustee and chair of the Board of Appeals, and received the Scarsdale Bowl in 1979. His wife, Dr. Frances Delany, earned her PhD from Fordham and in her late 40s and served as chief psychologist at schools in New York and Connecticut. Together the Delanys had seven children.
Why am I telling you all this? Because the story of Scarsdale’s Fourth of July in 1959 is a story of Scarsdale as a community stepping forward in dangerous Cold War times to embrace another country, another culture, and a cause larger than itself. Certainly prominent local residents were involved, but the real heroes of this long-ago episode were individuals, the hundreds of local residents – including school kids -- who washed the cars, cut the lawns, and helped raise the money in an inspiring example of local togetherness and common purpose.
As I look out on today’s gathering, I am confident we are capable of so much if we pull together. I am grateful that our heritage of community spirit endures.
Thank you and Happy Fourth!
Con Ed Rep Offers Little to Appease Frustrated Residents
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- Written by Joanne Wallenstein
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The new route for the gas main will extend down Fox Meadow RoadWith Con Ed’s gas main replacement project now extending from the White Plains border to the middle of Fox Meadow, roads have been torn up, backhoes, dump trucks, milling machines and drills line the streets and navigating the maze of detours is a new challenge every morning.
What’s more, is that work in one area is not completed before the excavation extends further south.
Residents of Greenacres have been living with detours, heavy drilling and chaos since the summer of 2021, a now, a year and half later, some roads have been repaved while major stretches of others are lined with divots, potholes and gravel. On Walworth Avenue, the portion from Fenimore Road to Gilmore Court has new cobblestone curbs and has been repaved – but the portion from Gilmore Court up to the Scarsdale border remains a mess.
This week, crews started to repave Greenacres Avenue and Colvin Road. Residents received notices to move their cars to other streets to allow for the work. But the progress has been intermittent with crews on the scene one day and nowhere to be found on the next. The street has been milled but no one seems to know if and when they will be back to pave the road.
And now a good part of Fox Meadow Road is under siege, with two crews at work. One started at Fenimore Road and worked south, closing that stretch for months. And another is working their way north from Olmstead Road. Though, at a previous meeting Mike Smith from Con Edison said that Fox Meadow Road would never be totally blocked to traffic, it has been pretty much closed for the last several months.
Village Trustees invited representatives Con Edison to the June 13, 2023 Village Board meeting to provide an update on the work but their presentation did little to appease frazzled residents.
Mike Smith from Con Edison explained that the utility had decided to change the route of the new gas main. Rather than extending south from Fox Meadow Road to Paddington Road as originally planned, the pipeline will now extend the length of Fox Meadow Road to Crane Road. The utility has ambitious plans to reach Crane Road by the end of December 2023. Then in 2024 they will need to continue the pipeline from Scarsdale to Eastchester.
Smith acknowledged that “communication to those affected needs to be improved,” and said a new website would go live with information about real time detours, FAQ’s and project maps. He also displayed a sandwich board with a QR code to access that site and said that email addresses of personnel from Con Ed would be made available so that residents could address issues.
Mayor Arest said, “Why are you doing that at a time when NYC is banning the use of natural gas?”
Trustee Dara Gruenberg said, “It (the work) was supposed to be contained – but it seems like it has exploded…. Is there a schedule of when you are working? Every day is a surprise.”
Smith replied, “We are supposed to work Monday – Friday – though we sometimes have to shut down due to weather. We work with the village to see where street closures are needed and we allow for local deliveries and landscapers. There is 100% access to get in and out of your driveway.
Trustee Gans said, “Con Ed has damaged property and the compensation remains outstanding. What is the process? The resident should not be waiting.”
Smith said, “I meet with each case of property damage. We settle most immediately. There is one where we are working with our legal team. We are finding out if we should be held responsible for that one claim.”
Gans said, “Is Con Ed responsible for tire and wheel damage?” Smith said, “Yes you can ask for reimbursement on our website.”
Arest followed up, asking “Have you ever been charged for the use of the right of way?” To which Smith said, “Not that I am aware of.”
Andrew Sereysky of 57 Walworth Avenue said, “Walworth Avenue is a major road. The last year and a half has been absolute torture though the workers could not have been nicer. Some sections are done, but the part going north is awful. Greenacres Avenue is being milled but they left out one section of Walworth. Why have they begun milling Greenacres before completing Walworth?”
Lauren Kitain of Butler Road said, “It has been very challenging. There have been dump trucks every day. The water mains have been breaking. We didn’t move here from the city to live through this. We can’t use our yard.”
A milling machine on Walworth Avenue on June 14, 2023Carlos Urena of 120 Walworth said, “The avenue has not been repaired for a long time. They are also doing work on Colden Road. There have been big trucks in front of my house for a month, on Monday to Friday and Saturdays too.”
Smith offered to meet individually with homeowners to discuss their issues. He also vowed to work with Con Ed’s contractors to make sure that there will be no unnecessary idling of trucks.
As the Village has no control over Con Edison’s access to the streets, local officials have little authority over the scheduling and the upheaval. It’s a frustrating situation for residents who have had impeded access to their homes for years, while knowing full well they will pay for this work in dollars as well via rate increases from Con Edison.
Also at the meeting:
The Scarsdale Concours, a car show that occurred in the Village donated proceeds from the event to the Scarsdale Village Ambulance Corps, The Scarsdale Police Benevolent Association and Scarsdale Family Counseling Service.
At Village Hall
Village Manager Rob Cole announced that the Fourth of July fireworks celebration will be held at the Scarsdale pool on Thursday night June 29 at approximately 9:15 pm. The Westchester Band will perform at 7:30 pm.
Village Hall will be closed on Monday June 19, 2023 in recognition of Juneteenth. There will be no sanitation pick-up on Monday. Food recycling pick-up will be done on Tuesday.
Last he said that the MTA has proposed fare increases of 4% and toll increases of 5.5%.
He said, those concerned, could comment on the MTA website.
Public Comments
Jay Canell of 121 Carthage Road expressed “shock and dismay” about the proposed pickleball project. He said, “I was given no notice though I live 100 yards away.” He objected to potential noise and water issues created by the building of the courts.
I supported the track
Kaare Weber spoke about the sound from the pickleball courts and said they would result in “decreased home values, decreased quality of life and would pit neighbor against neighbor.”
Mayor Arest responded saying, “We are becoming a community of NO. We have to look into the future. This is a pilot solution not a permanent solution. We are not proposing new courts – we are using existing courts so there will be no water issues.”
Yelling from his seat in the audience about the pickleball courts, Bob Harrison said, “We’ll see you in court.” The Mayor asked if the police were present.
Farmer’s Market
Trustee Gruenberg said that the new farmer’s market will be in the village from 9 am to 1 pm on Sunday. Vendors include a cheese seller and “Bad Ass Bagels”
Scarsdale Library
Trustee Ahuja reviewed “large and increasing” numbers of patrons using the library. He also noted that author Geraldine Brooks will be appearing at a sold out event on Friday night at the library.
Resolutions:
Trustees passed a resolution to continue to collaborate with the school district for use of a portion of the Village’s recycling center for the bus depot, maintenance facility and transportation equipment and storage.
They passed a resolution approving code changes regarding unsafe buildings and structures.
They scheduled a public hearing on the noise ordinance for June 27, 2023.
They appointed Charles Hessler to serve as Deputy Town Clerk, replacing Veronica Regazzi who retired.
They appointed Ryad Vachha of 6 Drake Road to the Town Board of Assessment Review to fill the seat of Lynne Clark who resigned.
Unsightly Construction Sites
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A readers called our attention to a stalled building site at 2 Cooper Road on the corner of Murray Hill Road and Cooper Road. She said that fallen trees and debris have been scattered at the site for almost a year. She alerted the Building Department twice but had not received a response.
We took a look at Scarsdale Village Code which clearly states that construction sites need to be maintained. It says,
Construction Sites
In instances when work is being performed under a building permit or a demolition permit or when a building or structure has been damaged by fire, flood, windstorm or other cause, or in the event of substantial interruption of work on a building as a result of a stop-work order or revocation, suspension or expiration of a building permit, the premises shall be maintained free from the accumulation of rubbish, water and all other conditions which may endanger the life, health or safety of the public, debase the community or adversely affect the value, use and enjoyment of surrounding properties.
Under the conditions described in § 132-36A, the premises shall be safeguarded, altered or dismantled in a manner ordered by the Building Inspector, which may include, among other requirements, the removal of walls, the covering of areas between walls and the partial or complete removal from the site of any or all buildings or structures.
Failure to act upon written order
If the property owner fails to comply with a written order from the Building Inspector within the time specified therein or within such extended period as may be granted by the Board of Appeals on an appeal, the Building Inspector may employ such labor and materials and other services as may be necessary to perform the work and, as appropriate, notify the Board of Appeals. All costs and expenses so incurred by the Village shall be paid by the owner or may be assessed against the land. Filing of an appeal prior to the time specified in the Building Inspector's order or within 10 days of the date of the order, whichever is earlier, shall stay all proceedings pending determination of the appeal.
After inquiring, we learned from Frank Diodati, head of the Building Department that a violation has been issued.
He said, “Please be advised that the Building Department issued a Property Maintenance violation to the property owner on May 23, 2023. We are currently working with the property owner to have the site cleaned up.”
A Joyous 125th Celebration at Scarsdale Golf Club
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Cub President Graham Broyd wore a traditional kilt to the 125th Anniversary Gala.Scarsdale Golf Club, one of the first golf clubs established in the United States, pulled out all the stops in a celebration of its 125th Anniversary the weekend of June 2-4, 2023.
Members enjoyed not only the traditional Anniversary Gala on Saturday night and golf tournament but also lakeside fishing, pickle ball tournaments and swim challenges; a lobster bake dinner, a pool-side Happy Hour; a circus act, a members' classic cars exhibition, and hot air balloon rides. It was an event that will be remembered in the decades to come.
Movie night on the golf course.
Members enjoyed a ride in a hot air balloon.
Kis had fun fishing from the pond on the golf course.
The schedule of events included a circus performance on the golf course.
