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Written by: Joanne Wallenstein

Published: 08 February 2023

Created: 08 February 2023

Last Updated: 08 February 2023

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Imagine Fox Meadow Road and Walworth Avenue lined with three story apartment buildings, rather than single family homes set 30 feet from the curb. That’s what new legislation outlined in the Governor’s budget proposal could mean for suburbs like Scarsdale who are served by Metro North. As a part of an initiative to build 800,000 more homes in the state in the next decade, Hochul is setting her sights on suburban communities that are primarily zoned for single family homes.

The proposal includes two distinct provisions.

First, Hochul proposes to build more housing and would require Scarsdale to increase housing stock by 3%, or about 180 units, every three years.

The second provision requires municipalities to make changes to their zoning laws to permit multifamily housing within a ½ mile radius of a train station. Train stations within 15 miles of New York City would fall into “Tier 1” of the proposal, which would allow up to 50 units to be built for each acre. Both the Scarsdale and Hartsdale train stations would fall into Tier 1. This second provision clears the way for developers to purchase available land and build up to 50 units per acre in areas that were originally zone for single family homes.

Scarsdale debated a transit oriented development project for the 2.5 acre Freightway Site from 2017-2020, when six developers were invited to present proposals for a mixed use development project. Some included up to 300 apartments, which would have met the state mandate for growth for one three year period. Ultimately, as a result of residents’ fears about a rise in the school population, traffic and congestion, the project was put on hold. Now, faced with pressure to supply additional homes, the Village Board may seek to reopen the discussion.

The blanket order does not address how localities could address strained infrastructure to support the new dwellings, an increased school population and the need for parking. These are just some of the concerns of the officials and residents when considering an override to local building code to accommodate increased home density.

Hochul’s new provisions would need to be passed by the NYS Assembly and the NYS Senate and it is yet to be seen whether lawmakers will be persuaded to vote yes despite their constituents objections. Some are wondering if a better approach by the Governor would have been to offer incentives such as state aid and tax breaks for development rather than a punitive approach.

Remedies and Penalties

What if there is no available land or it is not economically attractive for developers to build additional units? In those cases the Governor’s proposal offers alternative methods of meeting the 3% growth threshold where development is not possible.

It specifies that if a locality fails to comply with the building targets, they can achieve “Safe Harbor” by taking other land use actions to increase housing including:

-Legalizing accessory dwelling units (ADUs)
-Facilitating lot splits (subdivisions)
-Removing the following exclusionary measures: minimum lot size requirements, unreasonable height limits and lot coverage restrictions and parking minimums
-Smart growth – rezoning one-third of developed land of a municipality for 25 units/acre
-Adapting reuse rezoning to allow residential density of at least 25 units per acre in an area of at least 100 acres that only allowed commercial use

And for municipalities who fail to meet the growth objectives after January 1, 2027 the state would mandate approval for projects where at least 20 percent of units are affordable to very low-income households (at or below 50 percent AMI) or 25 percent affordable to low-income households (at or below 80 percent AMI) and are at least 20 units or more downstate. Builders of these projects could apply for local approval despite existing zoning and cannot be denied because of it.

Further, these projects would be exempt from State Environmental Quality Review Act (SEQR) and review is limited to local infrastructure capacity and published, objective aesthetic standards. A decision must be made on these applications within 120 days if under 100 units or within 180 days if over 100 units. If a locality fails to make a decision or imposes conditions that make the project economically infeasible, it will be considered a denial.

Qualified projects denied a permit could pursue a new appeals process that places the burden of proof on the locality. If the locality denied the projects, developers could appeal to a newly created housing review board or file a land use appeal with the supreme court.

Looking Back

This is not the first time lawmakers have attempted to force new development in suburban communities. In fact, similar measures were included in Hochul’s 2022 budget. Legislation was introduced to allow the override of local zoning to permit the building of Accessory Dwelling Units (ADU’s) in the NYS Senate but failed to pass. A second bill requiring multifamily housing within a half mile of train stations also met with opposition.

Hochul withdrew the ADU provisions from her budget after receiving pushback from localities but said, “I believe that increasing our housing supply is essential to the growth of our economy, to reaching our lower carbon footprint, to achieving our goals of equity and inclusion and to addressing the affordability challenges faced by so many New Yorkers.”

And in 2009, the Anti-Discrimination Center of New York won a settlement against Westchester County ordering the county to spend $51.6 million to build 750 units of affordable housing over the next seven years. In 2015 monitor Federal Monitor James Johnson said the county had violated that settlement and fallen short of targets. In 2016 Johnson resigned.

Jamaal BowmanWe asked our local lawmakers for comments on the proposal and here is what they shared:

Congressman Jamaal Bowman cheered the proposal, saying, “I am glad to see Governor Hochul take this first step to expand housing opportunities for all New Yorkers, including in communities like Scarsdale. As a former educator, I know firsthand the toll that housing insecurity takes on children and their families. Children should be worried about losing their homework, not losing their homes.

I look forward to working with my colleagues at the federal level to reinforce these efforts — and secure stable, affordable housing for marginalized communities, in areas that would otherwise be out of reach.”

However Assemblywoman Amy Paulin was more aware of what increases of this magnitude could do to Scarsdale. She said, “Scarsdale and Amy PaulinEdgemont wouldn’t be able to accommodate so many new housing units, or even a fraction of the amount required. It would change the character and integrity of our community. Scarsdale would no longer be a Village in a Park. We would be a congested urban center without the infrastructure to support it. I will fight to make sure this doesn’t happen.”

And State Senator Shelley Mayer recognized the complexities of the mandate for diverse communities. She said, ““I commend Governor Kathy Hochul’s commitment to addressing the affordable housing crisis in New York in her proposed budget and look forward to working together with her on this critical issue. Here in Westchester, it remains one of our greatest challenges.

Shelley Mayer“The Governor’s proposals seek to walk a fine line between state enforcement and local control over housing policy, but I remain concerned that the voices of local municipal officials and individual communities have not been adequately reflected in these proposals. In addition, the significant differences between all of New York’s diverse communities must be adequately addressed, both as to affordable housing and transit oriented development. I urge the Governor to engage in direct conversation with municipal officials throughout the state to find acceptable solutions that work for our communities, and recognize the steps many have taken to increase affordable options.

“Over the next few weeks, with my colleagues, I will continue to analyze the details of this expansive housing plan, and will work with all of my local communities to find solutions that work for them and their residents.”

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Written by: Joanne Wallenstein

Published: 02 February 2023

Created: 02 February 2023

Last Updated: 02 February 2023

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What is the condition of the Village’s 81 center miles of roadways? According to the Pavement Management Group, (PMG), who was retained by Scarsdale Village to assess the roads, the overall condition of our roadways is FAIR. But the good news is that in comparison to a prior study done in 2017, overall conditions have improved.

How did PMG assess the roads? PMG drives each road segment and takes high definition videos of the road, from beginning to end. According to the report, “This provides for a virtual, high‐definition account of the roadway network, and provides value in a variety of ways such as condition review and network level decision making from the office.”

Using these videos, each roadway is evaluated and rated into one of the following condition categories:

Excellent
Good
Fair
Poor
Failed

The consultants found that in the latest study 29% of the roads were considered excellent, while in 2017, 15% were excellent and in 2008 only 6.5% were excellent. So the report says, “The trend clearly shows that with proper funding coupled with life cycle analysis, the Village is progressing in the right direction.”

Here is a chart of their findings.

The report also includes a chart of every street in Scarsdale and how it is rated. Click here to see the chart and look up the condition of your road.

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Written by: Joanne Wallenstein

Published: 23 January 2023

Created: 23 January 2023

Last Updated: 23 January 2023

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Scarsdale Police have reported an increase in mail fishing from USPS mailboxes in Scarsdale.

Lieutenant Kellaher of the Scarsdale Police explains what is happening below – and advises residents on how to avoid becoming a victim.

Here is what he says:

The thieves are not that sophisticated. They are basically putting glue or another type of adhesive on the blue collection boxes. Unknowing residents will deposit the mail and then the thieves return with a belt or similar object to “fish” the mail out. The subsequent problem is that people that mail checks then have those checks “washed” and the amounts payable and payee is forged, resulting in financial loss.

Our advice is to either use secure paperless billing to pay bills, but if residents must send paper checks, to physically enter the post office and use the collection slots that are actually inside the post office.

This is a region-wide problem and the mail thefts cost consumers thousands of dollars through this type of fraud. Usually, multiple criminal actors are involved – one person steals the check/mail, another “washes” it, another deposits it into an account of yet another person, making bank surveillance video and subpoenas nearly ineffective.

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Written by: Wendy MacMillan

Published: 19 January 2023

Created: 19 January 2023

Last Updated: 19 January 2023

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Fentanyl has drastically changed the drug landscape and according to local DEA agents, is easily accessible here in Westchester County.

Two recent incidents have highlighted just how dangerous fentanyl can be. On January 17, 2023 County Executive George Latimer and County Health Commissioner Sherlita Amler recognized five New Rochelle school nurses who saved a student’s life after the student nearly overdosed from vaping a substance suspected to be laced with fentanyl. They quickly administered Naloxone and saved the student from an opioid overdose.

On January 12, 2023 at detention officer in Yonkers who was working at police headquarters came into contact with an article of prisoner clothing and was suspected to be exposed to fentanyl. She was also administered Naloxone (Narcan) and transported to a trauma center.

On January 18th SAY (Scarsdale Action for Youth, formerly known as DATF) hosted an eye opening presentation with Agent Polieno from the United States Drug Enforcement Administration (DEA) outlining the risks of fentanyl is and why parents should stay informed.

According to Polieno, fentanyl is a deadly synthetic drug that is 50 times stronger than heroin and 100 times more potent than morphine and, for the average person, only 2 milligrams (less than a tip of a pencil) is considered a lethal dose. In a frightening statistic, the DEA website states that “of the fentanyl-laced fake prescription pills analyzed in 2022, six out of ten now contain a potentially lethal dose of fentanyl” and this is apparently a sharp increase from the numbers found in 2021. Unfortunately, as Polieno pointed out, the fentanyl crisis is just getting worse and incidents keep rising. In fact, the DEA website also states that “The drug overdose crisis is a clear and present public safety, public health, and national security threat,” and has issued their first public safety alert in years.

So what should parents be aware of? According to Polieno and the DEA:

-Of the 107,000 drug overdose deaths over the past year, 67% involved synthetic opioids primarily fentanyl.

-The record quantities of fentanyl that the DEA seized in 2021 are enough to kill every American. Though Fentanyl is mostly coming in over our borders from Mexican drug cartels, the drug has been seized in every state including right here in Westchester.

-Most fentanyl is disguised as legitimate medications (like Oxycotin, Adderall, and Xanax) and are made into counterfeit pills. It is extremely difficult to tell the counterfeit pills from the real thing. More recently, fentanyl has been found in marijuana products including in vape pens and “gummies”.

-Fake RX pills are easily accessible and are often sold on social media and e-commerce platforms; available to anyone with a smartphone. Polieno explained that these counterfeit pills are sold “on the street” but they haven’t found any fake RX pills at legitimate pharmacies.

-Drug dealers have created their own “languages” often using emojis to represent drugs. The DEA recommends monitoring your children’s phones for suspicious text messages, checking their social media, and cash app posts.

-Fentanyl use can cause confusion, drowsiness, dizziness, nausea, vomiting, changes in pupil size, cold and clammy skin, coma, and respiratory failure leading to death. Using Narcan, “a potentially lifesaving medication” can help reverse the effects of an opioid overdose in minutes. Scarsdale High School has Narcan safely stocked in multiple places throughout the school including the nurse’s office. Since most overdoses happen in the home, some suggest all families keep Narcan rescue kits on hand. If Narcan is administered when fentanyl is not present, it will NOT hurt the victim.

The DEA website offers these helpful suggestions for parents and caregivers:

— Encourage open and honest communication
— Explain what fentanyl is and why it is so dangerous
— Stress not to take any pills that were not prescribed to you from a doctor
— No pill purchased on social media is safe
— Make sure they know fentanyl has been found in most illegal drugs
— Create an “exit plan” to help your child know what to do if they’re pressured to take a pill or use drugs
— For more tips on how to talk to your child about drugs, read Chapter 4 of Growing Up Drug Free: A Parent’s Guide to Substance Use Prevention
www.getsmartaboutdrugs.com/publications

For more information please see: https://www.dea.gov/onepill. Scarsdale Advocates for Youth (formerly known as DATF) will also be hosting many more programs to help support youth and parents in our community. For more information and a list of upcoming events please click here: https://www.scarsdaledatf.org/