Developer Gains Approval for Controversial Subdivision Despite Flooding and Neighbor's Pleas

Click on the photo for a video of the flooding.Overriding vociferous objections from scores of neighbors, the Scarsdale Planning Board approved a controversial subdivision and relocation of a watercourse at their meeting on Wednesday September 25, 2024.

The application to add a third building lot between two homes at 46 Lincoln and 101 Carthage Roads was filed in November 2023 and has been the subject of lengthy discussions at Planning Board meetings since that time. The newly formed lot was previously a pond and now includes a buried drainage pipe. The property is wet and serves to absorb water from a large watershed above it before it flows down into a culvert and into the street.

In recent years there has been considerable flooding in the streets and homes adjacent to the lot, so neighbors are fearful of additional water damage when 56 trees are uprooted to accommodate the building of the three homes and the watercourse diversion.

Initially the developer proposed to move the watercourse along the street in the Village right of way. They changed course during the summer and the final plan calls for a 36-inch drainage pipe to be buried between the house at 46 Lincoln Road and the new home to be built on a lot called 103 Carthage Road. Neighbors speculated that the developer abandoned the plan to move the pipe into the right of way when they realized the move would need to be approved by the Scarsdale Board of Trustees. Maintenance of that pipe and the weir will be the responsibility of the homeowner. If the pipe and release device get clogged with silt it will be up to the homeowner to keep it clear.

An attorney for the applicant contended that the new pipe would be a benefit to the community and reduce the runoff from the site. Engineering consultant John Ruschke from Mott McDonald who worked closely with the applicant concurred, saying “there will be no notable change in the flow.”

When neighbors questioned the Planning Board about the existing flooding in their neighborhood they were told that the project could be approved if the developer proved he would not make the flooding worse.

The matter was fiercely debated at meeting in November 2023, January, February, March, May, June, July and September 2024. During that time the Village received 36 letters and emails from residents and scores came to speak at multiple meetings. They pleaded with the Planning Board to protect their homes from further damage and questioned a decision to put the responsibility of an important underground watercourse into the hands of a single property owner. Some questioned whether or not the drainage system would work as designed, and what would happen if it failed.

Take a look at these videos submitted by a resident of a river running off the property, flooding neighbors and the street.

Watch here and watch here:

At the September 25 meeting Jack Miller from Fayette Road said, “We have sheets of water coming down Carthage Road. New homes are monopolizing the drainage system with cultic overflows. Over the long run no one will be accountable. The home on Lincoln Road was vacant for years so no one maintained the existing pipe. For a long time I have been coming to these meetings. The boards decisions are memorialized on the streets. We have the right to quiet enjoyment of our homes. This will take away that right.”

Aaron Chyfetz of Carthage Road said, “The town must balance the rights of this developer against the rights of homeowners. The developer should be put on notice. Will he pay for a 20-year surety bond to guarantee us against damage? What will the Village do?

Diana Hurwitz of Fayette Road added, “The middle area of this proposed is wet land. It is a bowl populated by 40 or more trees that mitigate flooding. It originally held an open stream and a pond. Allowing this to happen will put all of us in the neighborhood at risk and adds a considerable toll to the overwhelmed and antiquated sewer system. Destroying 50 trees is shameful. It will take 20 years to recreate the drainage created by these 50 trees. Creating three massive homes with grading is not fitting with the neighborhood.” She ended with a plea: “Protect us – just say no.”

Mario Barazza from 54 Crossway said, “I am downstream. At the edge of my driveway is a storm drain. If I am away during a storm, there is no way to clear this. What happens when no one is home? I have had to call the Village to clear the drain. The plan for the homeowner to maintain it is not foolproof.”

Cynthia Roberts of 50 Autenrieth Road said, “Our Planning Board is being asked to bend over backwards to jam a square block into a round hole. Perhaps because of fear of litigation we have lost common sense. The engineering department does not have the staff to monitor this.
What recourse will these homeowners have when the system fails?”

Several restated their belief that the developer had the right to demolish the two existing homes and build and sell two homes on the lot, presenting him with a nice profit. They were only objecting to a third home on the wetlands between the two homes.

At the conclusion of the September 25 meeting the Planning Board went into executive session. They approved the three-lot subdivision, the right to build in an adjoining property buffer and a watercourse diversion permit all with “conditions.”. The public could not hear the rationale behind their votes and the Village Planner has not revealed the nature of these “conditions.” We asked if the decision would need to be approved by the Scarsdale Board of Trustees but did not get a response.

The dark black line depicts the underground watercourse that will run through 46 Lincoln Road - and be the responsibility of the homeowner to maintain.

Commenting on the decision Myra Saul said, “Shame on the Planning Board! It has basically abrogated its responsibility to the community by transferring a public stormwater problem to a private homeowner. Whether or not the homeowner will be responsible in maintaining the ‘fix’, which neighborhood residents doubt, is only one of the issues here.

The role of government is very much front and center. Essentially, the Planning Board has taken up the policy of self-regulation, which is at odds with its role. What does it take for the Planning Board to act responsibly? A six-year fight by residents, who need to hire attorneys and engineers to counter the ‘pretzel’ solutions of developers?

The community deserves better.”

Richard Cantor said, “Every Scarsdale resident should be outraged at the Planning Board's decision to green light the project at Carthage and Lincoln Roads and for the Board turning a completely deaf ear to residents' concerns.”

As an observer who sat through many of these sessions, here are a few takeaways:

1) “It’s not if a project will be approved, but how.” The Planning Board review process is set up to assist the developer with crafting a proposal to gain the approval of the Planning Board. Developers are given free rein to work in lock step with the Village’s engineering consultants to design and refine a plan that the Planning Board will approve. Developers who work with Mott McDonald , the Village’s engineering consultants, put funds in escrow to pay the bills before the project is approved. But residents have no access to the consultants and are forced to fund their lawyers and experts out of their own pockets. After months of meetings the Planning Board, the Village engineer, the consultants and the developer have a vested interest in getting an approval.

2) Why does the Planning Board rarely say no? Some speculate that it is the goal of the Village is to avoid litigation. However, forced to defend their own properties, residents are hiring their own attorney’s, making it just as likely that the Village will be sued by homeowners. Has the Village considered retaining some of the excellent land use attorneys that residents have hired to defend Scarsdale instead?

3) Why are residents repeatedly forced to come to Village Hall to protect their homes? Isn’t that the function of government? Why do the land use boards give priority to the rights of the developer over the rights of taxpayers?

4) Where is our vision? In the case of the proposed developments on Garden Road and Lincoln Road, the sites would be excellent locations for ponds and water retention facilities. In return for the right to develop a portion of the properties has the Village thought of requiring the developers to build retention ponds and turning portions of the sites into wetlands parks? As we face increased flooding, can we harness our environmental experts to come up with some creative solutions? If not, why not?

5) What happened to term limits? Earlier this year the Village Board passed a resolution removing term limits for service on Village Boards. In light of recent events, should we reinstate term limits to allow those with environmental backgrounds to serve on these boards?

6) Why get involved? We often here from the Village Board and Mayor that it’s up to the residents to get involved, attend meetings, participate and contribute. But recently the voices of residents are ignored. Those who are encouraged to come to meetings sit for hours before they are permitted to speak, and afterwards their concerns are dismissed. If the Village relies on residents to volunteer, the Village boards should defend them.

These are just a few thoughts on how Scarsdale can change their procedures to safeguard the Village against flooding and climate change.

Do you have ideas? If so, please share them in the comments section below.