Trustees Review New Code on Stormwater Manager and Lot Coverage

The Village Board held public hearings on three resolutions that address building code, lot coverage and stormwater at the meeting on Tuesday night December 13, 2022.

Many of the changes to the code were quite technical, and both trustees and the public struggled to completely understand their underlying meaning.

There was much discussion about a resolution amending chapter 310 of the zoning code regarding drainage issues which amends lot area coverage requirements for pervious and impervious surfaces.

Explaining the code revision, a memo from the Assistant Village Planner explains,

“The current draft proposes lowering the runoff curve from 94 to 80 to align the runoff curve with the gravel runoff curve depending on the hydrological soil classification. The runoff curve number would change depending on a property’s predominant soil type in accordance with the chart below:

Class A 76
Class B 85
Class C 89
Class D 91

The goal is to allow gravel as the least pervious surface eligible to be exempt from lot coverage. This will eliminate the loophole of impervious pavement with drainage ditches on either side being considered permeable, and not included in lot coverage. Permeable pavers and porous pavement can qualify if they meet the new standard.

By way of explanation, black top is the least pervious surface and has a runoff curve of 98 with soil Class A being the most permeable. The lower the number, the more permeable the soil. Under the new code, gravel can be used on any surface to make it qualify as permeable. Village Planner Greg Cutler explained, “this ties impervious surfaces to soil composition. Gravel would be the most impervious surface that would be considered permeable.”

Cutler added, “We looked at what the runoff curve was for gravel in each soil classification. It runs A through D. This classification depends on the property. For soil classification D, you have a higher rate of run off. Class A drains really well. It allows you to use the same coverage on any soil – it levels the playing field for all properties. Gravel surfaces are considered pervious for lot coverage and impervious for stormwater requirements.”

Bob Harrison asked if Har-Tru tennis courts would be treated as pervious or impervious under this new law and Frank Diodati replied, “If it is a Har-Tru court that is on a gravel base, we are accepting Har-Tru as a permeable material. A permeable clay surface would still qualify as permeable and would not count as lot coverage.”

Trustee Mazer asked, Will pervious asphalt no longer be an option moving forward? How many have been installed? Diodati said that pervious asphalt may still be permitted depending on what is underneath. He estimated that a dozen such surfaces may have been installed this year.

Village Engineer Dave Goessl said, “The intention is not to create pre-existing non-conforming lots. The code amendment will outline soil composition and subsurface soils beneath the surface to percolate. Soil classification, proper engineering and proper product selection will all demonstrate surfaces conducive for permeability and therefore exempt from lot coverage.”

Trustee Mazer said, “The idea is to promote additional drainage into practice,” and Trustee Gans said, “the code change puts soil classes and runoff curve numbers into code.”

Resident Doug Ulene said, “I have quibbles with two aspects of the amendment: Lot area coverage matters for aesthetics, drainage and monetary reasons. I think the drainage issue is , are you absorbing your fair share of water? You won’t get credit for the area outside of the quadrangle.”

He added, “The proposed amendment allows people who are on non-conforming lots to swap driveways for pools. This will allow people to swap things and then get variances. Variances run with the land. A patio should not be swapped for a tennis court – or a tennis court for a pool.”

Last he said, “Instead of monkeying around with minor changes, the Village should make major statutory changes to build homes in the flood zones up – and large to give builders incentives. I live at 7 Cayuga Road.”

Village Planner Greg Cutler responded, We have eliminated the ability to swap surfaces for a pool, tennis court, patio etc.”

Stormwater Runoff

The Trustees next addressed proposed changes to the concerning stormwater runoff in adjacent property buffer areas. The new code would prevent disturbing the land in property buffers without the approval of the Planning Board. It creates a requirement for site plan approval by the Planning Board and update items that must be included in the stormwater management plan.

Village Engineer David Goessl explained, “There is currently no provision about the regrading of properties in the Village Code, though some applicants are required to submit a stormwater management plan and this case the engineering department looks into the whole proposal. But those that don’t require a stormwater management plan would require proposed slope changes to go before the Planning Board. About the definition of slope, this would prevent the building of a retaining wall in the middle of a tapered slope with a steep drop off on the other side. Also, this new process would not eliminate a review by the Village Engineer.”

Some felt these code changes did not go far enough.

Helen Maccarino of 83 Cushman Road said, “I was told you tried to strengthen the law after the flooding that occurred after Hurricane Ida. I see that though you tried to strengthen the law, there is still a slippery slope that allows those who want to change their lot to do so with the provision that they go before the Planning Board to do so. They allow you to bypass the Engineering Department and go directly before the Planning Board. I found confusing that you quote the DEC when talking about the risks of changing and raising terrain and clear cutting.

These two activities were proposed for a development literally in my backyard and I was buoyed by the fact it was cited but there are no restrictions on clear cutting and no restrictions on how high you can raise the terrain. Where I live the soil is primarily clay and there is a high water table. So any land disturbance automatically redirects the groundwater table somewhere else. Anywhere you dig a hole it will fill with water, and if you put something in that hole like a basement, it will force the water to go somewhere else. When we have these storms the hydrostatic pressure can force the water into surrounding homes. The water has to go somewhere and it will force its way into our basement, which happened to us. And we were helpless. There is nothing you can do. It seeps in from the ground.”

“Also – the term “tapered slope” is not defined. Without this definition it seems loosey goosey to me. It can be 10 degrees or 65 degrees.”

“Finally – there is the role of infrastructure to handle the water. In my neighborhood, it tends to flood. The slopes feed down into this area. The infrastructure needs to be replaced or improved before you allow for more development.”

Shari and Joel Beckman from 75 Garden Road echoed Helen’s comments. Shari said, ”We have also experienced flooding and I am quite concerned about the lack of specificity about flow and elevating property for any potential builder to come in and create a setting where you have houses perched up high to avoid flooding, and neighbors who will clearly become flooded if the storm is serious enough and there is no other outlet. Without the specificity of the slope and rise, it leaves it very questionable that this would be an official way to go. I would like the board to consider that before moving forward on this proposal.”

Last, the Village was required by state law to amend building code to require minimum standards for administration and enforcement of the NYS Uniform Fire Prevention and Building Code and the Energy Conservation Construction Code. Since the state required the adoption of this new code by December 31, 202022, By law it must be adopted by December 31, 2022, so the Board held the public hearing and passed the resolution to approve it at the same meeting.

The Board approved a resolution to authorizing members of all public bodies of the Village of Scarsdale to participate in public meetings via videoconferencing, pending the passage of a policy that will be approved by the Village Board in January.

The Village Board issued a permit to the Scarsdale Creche Committee to place a Creche in Boniface Circle and a permit to Chabad to place a menorah in Boniface Circle and hold a menorah lighting ceremony on December 18, 2022.

In other business, Bob Harrison a 42 year resident of Scarsdale asked the Village to maximize the return from the investment of the unassigned fund balance.

Village Manager Rob Cole thanked Superintendent Coleman and the Public Works team that cleared the leaves from the streets this year.

Read the resolutions and code amendments here.

At the opening of the meeting, Mayor Jane Veron made the following comments:

As the year is coming to a close, we, here in the Village, are busily preparing for 2023-2024 and beyond. Earlier this evening, as part of our budget planning, we took a comprehensive look at the Village’s capital needs. Board and staff decided to accelerate these investment discussions because our capital needs will require multiple conversations during the budget cycle. For years, we had been deferring important investments, both in infrastructure and key assets. You might recollect that last year, we allocated capital to begin playing catch up on our fleet. DPW vehicles are necessary to repair our roads, pick up trash, and perform other critical public services, as our aged trucks and other equipment have become unreliable and expensive to continue repairing. That’s just one example of many. To ensure Scarsdale remains a great place to live, we need to continue to confront our needs and reinvest in our future.

One of the major capital projects that we’ve discussed over the past 18 months is our beloved pool complex. Built in 1968, the pool complex has outlived its useful life and is existing on borrowed time. In our extensive outreach efforts, our community unequivocally affirmed their commitment to the pool, and we will most definitely replace our community gem. At our fall meeting, the consultants from Lothrop Associates developed two high level concepts based on our survey results: the first, a year round facility and the second, a seasonal pool complex. Since that meeting, the Pool Special Assignment Committee, comprised of Trustee Ahuja, Trustee Brew, and myself along with Village Manager Cole, worked with the consultant team and conducted independent research, gathering information to determine whether a year round pool facility was viable for Scarsdale. At last week’s work session, findings were presented to the full board for discussion. As a threshold matter, the Board had to evaluate whether the Village could absorb the financial requirements and operational complexities of a year round facility. As stated in our press release issued Wednesday, December 7, “the Board came to a consensus that the construction and operating costs would be prohibitive, and that the financial commitment necessary to build and operate a year-round facility could limit the Village’s funding flexibility and capacity for other critical infrastructure and budgetary needs. Simply put, the financial risk exceeds the threshold that our Trustees, as responsible stewards of public funds, are able to accept…Scarsdale will now move forward with our consultants, Lothrop Associates to develop schematic design for a renovated seasonal pool complex. The Board looks forward to working with community groups and Scarsdale residents to shape and refine an appealing pool complex that best serves all members of our community, while preserving and honoring the essence of the pool experience, with its distinctive natural setting and easygoing, welcoming feel. It is our goal to provide all of Scarsdale with a sense of inclusion and belonging.

That special Scarsdale ethos was on full display in our Village Center earlier this month during our magical Light the ‘Dale event. With estimates of 2000 people in attendance, Light the ‘Dale offered something for everyone with a full program of festive music and activities, all thanks to our dedicated Village staff who managed every detail. Lights sparkled on our tree and menorah and the Village Center was packed with young families, empty nesters and seniors, all enjoying one another’s company, As I said in my remarks, “if we build it, they will come”, and Scarsdale does not disappoint. When given the opportunity to come together, side by side with neighbors, family and friends, we show up and together we create lasting memories. As this year winds to a close, we await with eager anticipation all that is in store for Scarsdale in 2023.

On behalf of the entire Board, we wish you and your family a joyous holiday season and very happy new year.