Trustees Post Revised Draft of Proposed Building Moratorium

(Updated 1-4-24) The Scarsdale Village Board has released a revised draft of the proposed building moratorium, easing some of the restrictions in the original draft.

Terms outlined in the new draft will permit some renovations and building to proceed but with restrictions on the floor area coverage, building coverage and lot coverage to limit the size of projects and their impact on neighboring homes. The revised code rolls back the effective date of the moratorium from November 14, 2023 to December 19, 2023 which means that any applications filed before December 19 can proceed through the former application process.

For those wishing to renovate while not demolishing an entire house, the new language would assign the application to an interim review board for consideration. If passed it would be allowed to go before any necessary boards. The revision says, “For any demolition permit for less than a substantial part of a building (as defined in Section 182-3(E)(1) of the Village Code) or for a building permit, an applicant shall demonstrate to the satisfaction of the Interim Review Committee “three members with architectural or historic building experience, to be appointed by the Mayor) that any proposed exterior alteration will not impact the special character or special historical, cultural or aesthetic interest of the building proposed to be altered.”

These new terms address concerns of residents wishing to do additions or renovations of their homes, while limiting home size and bulk but also address concerns of those who were calling for limitations on teardowns and the size of new builds.

The law scales back the allowable square footage and coverage of projects to be approved during the moratorium as follows:

“Any application for new construction or an addition that increases the bulk or footprint of a building that demonstrates to the satisfaction of the Village Planner, Village Engineer and Building Inspector all of the following:

a. The proposed FAR, Building Coverage and Lot Coverage are less than 95%, 95% and 90%, respectively, of that permitted under the existing Zoning Code;

It also increases the required setbacks:

b. The proposed side yard setback shall be no less than the following for each Zoning District, (with any FAR Bonus permitted pursuant to Section 310-104 being measured from the revised set back listed below):

i. AA1 Zoning District: 33 feet;
ii. A1 Zoning District: 22 feet;
iii. A2/A2a Zoning District: 16.5 feet;
iv. A3 Zoning District: 12 feet;
v. A4 Zoning District 11.5 feet; and
vi. A5 Zoning District: 11 feet

Subdivision applications could go to the Planning Board but any project would have to be based on the reduced setbacks and other zoning limits as specified in paragraph 7L.

Demolitions however are barred during the six month period. The law is very clear on this provision and says, "No board, committee, agency, department, officer, employee, consultant, or agent of the Village of Scarsdale shall accept for review, continue review, hold a hearing on, continue a hearing, or make any decision upon any application for approval for a building permit or demolition permit to enlarge, construct, or demolish a one-family residential dwelling, accessory building or structure. All time periods set forth under state law or the Village Code for the processing and making decisions and all aspects of applications for building permit or demolition approval as indicated herein are hereby suspended and stayed while this local law is in effect.

It also allows for hardship applications.

The language can be reviewed here.

The Mayor previously said that a public hearing and a vote would be held at the Board of Trustees first meeting of the year on Tuesday January 9, 2024.