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Written by Joanne Wallenstein

Published: 10 December 2014

Created: 10 December 2014

Last Updated: 10 December 2014

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Village Trustees took an initial step toward curbing the construction of oversized homes at a meeting of the Law and Land Use meeting on December 9, 2015. At a previous meeting the committee had asked Village Planner Liz Marrinan to assess the visual impact of proposed changed to the FAR regulations to reduce the bulk of new and renovated homes.

On December 9 Marrinan reported that 3D models of a variety of FAR requirements had been simulated when the trustees considered the FAR regulations several years ago. She proposed that the architect who did those simulations be invited to a meeting of the committee where he could do a live demonstration of the models and answer trustees questions on the visual impact of possible changes to the requirements. The trustees agreed to set up this meeting.

In addition, Village staff will undertake a study of the impact of treating driveways as impervious surfaces for purposes of calculating lot coverage, as is done for storm water purposes.

However, since it assumed that any possible change to the regulations would take a minimum of 6 to 9 months to put into effect Trustee Brodsky proposed a moratorium on building homes with gravel driveways for the next six months as a way of curbing the construction of homes with maximum lot coverage.– Since gravel is considered a pervious surface the area of gravel driveways does not count as lot coverage, and therefore allows for the construction of larger homes.

Village Attorney Wayne Essanason recommended against the moratorium stating that it would impact individual property rights and that he did not believe it would have a big impact on reducing the size of new homes.

However Brodsky disagreed, saying that it will take many months to study the FAR and pass any amendments to Village Code. Trustee Stern agreed, saying " Many have come before this board expressing dismay about the large houses going up. If we do this, we can at least prevent some large houses from being built. And once these homes go up, it's irreversible. If we can do a small thing to have new homes conform to FAR, we should do it."

Trustee David Lee proposed that the moratorium only apply to applications where the installation of a gravel driveway would permit the builder to construct a larger home than if an asphalt driveway was built. In other words, he proposed that the moratorium apply to applications where the use of a gravel driveways puts the house over the lot coverage limit. Brodsky concurred, saying, "We will capture those that are using the disparity as a development tool."

Mayor Steves agreed, saying, "I do not find this requirement to be onerous. There is a general sense of concern from the community about the construction of new houses. If we have misread the community they need to let us know. We are trying to balance individual property rights with community concerns."

Despite reservations from Liz Marrinan and Wayne Essanason, the trustees asked Village Staff to come up with wording for the proposed moratorium and bring it to the committee in January.

The committee then turned to revisions to the Preservation Laws which will be refined and considered in 2015.

At the Village Board meeting that followed, the trustees discussed the following:

• The trustees agreed to schedule a public hearing on changes to the zoning code regarding clarifications related to the dimension of lots and the requirements for construction on non-conforming lots on Tuesday January 13, 2015 at 8 pm.
• The trustees granted approval for Chabad Lubavitch of Westchester County to place a menorah in Chase Park from December 16, 2014 to January 6, 2015.
• They passed a resolution allowing up to 25 White Plains residents to purchase permits to use the five Scarsdale Village paddle courts for $90. The permits would allow these residents to use the courts from 10 am to 7 pm on Monday through Sunday – which the Recreation Department considered non-peak hours. The permits will be valid from December 10, 2014 to March 15, 2015.
• Trustee Stern reported that the Sustainability Committee is working with the Village on studying the feasibility of changing all Village streetlights to LED lights. They have installed LED lights on Heathcote Road near Kelwynne and on Kelwynne at Birchall Roads and Stern asked Village residents to look at these lights to see how they compare with regular lights and to send comments on the new LED lights to Village Hall.
• Deb Pekarek said that following the hearing on the proposed new leaf law, the Leaf Task Force was asked to put together a Q&A document about leaf mulching. They are in the process of doing so and it will be posted on the Village website and publicized in a mailing to Village residents. Mayor Steves said that the Village will continue to educate the community about mulching and looking into the leaf pick-up process.
• Pekarek also announced that the Westchester County Soil and Water Conservation District will honor Scarsdale Village and the Scarsdale Friends of the Park. The Village will get an award for the George Field, South Fox Meadow storm water management project that includes the Cooper Green rain garden. They will give a commendation to the Friends of the Parks for the wetland restoration at the library.

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Written by Traci D. Ludwig

Published: 05 January 2015

Created: 05 January 2015

Last Updated: 05 January 2015

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Approximately 37 years ago, Chief John Brogan started his career with the Scarsdale Police Department. At the end of January 2015, Brogan will retire from his position as chief and will begin exploring a new chapter in his life. His successor will be Andrew Matturro, who is currently serving as captain of the Scarsdale Police Department.

It was February 15, 1978, when Brogan started his career with Scarsdale police. Jimmy Carter was president of the United States; a first class stamp was worth 13 cents, and a gallon of milk cost $1.75. John Travolta was a cultural icon, and his disco moves lit up the movie screen in “Saturday Night Fever.”

As a young graduate of the police academy in 1973, Brogan dreamed of joining the New York City Police Department. However, it was a difficult time as the lingering oil crisis strained the U.S. economy and tightened municipal budgets. So, there weren’t many jobs available. Brogan applied for police work across the United States and eventually accepted a seasonal position with the New York State Park police. He also worked construction jobs on the side. After about a year, he was hired for a fulltime position with the City of Newburgh Police Department, where patrol officers kept busy with the city’s high crime rate. The job was exciting, but it was unstable due to dependence on federal funds. Brogan saw several colleagues experience layoffs; so he decided to take the civil service exam for eligibility in Westchester police departments and was quickly offered positions in both Pelham and Scarsdale. Drawn in by the beauty of the village and the community’s friendly environment, Brogan accepted the job in Scarsdale – and the rest is history.

“I could see that police work here would be very different than the typical cops and robbers stuff that I did in Newburgh. Here, the community liked and appreciated their police officers, and the police department worked diligently to be there for the community and to provide a high level of service,” Brogan said in an interview last week. “In some places, policing means chasing criminals, dealing with drug trade, responding to domestic disputes and addressing quality of life violations such as alcohol and disorderly conduct in the streets … but in Scarsdale, we don’t see much of these typical things. Here, police need to be engaged with the community and have a strong visible presence. People need to feel protected and served, with a definite sense of safety and security. It’s a different kind of service.”

Coming from an Irish Catholic family full of men who were proud New York City police officers and firefighters, Brogan grew up with a deep respect for the dedication and professionalism required by a job in public service. However, Brogan also genuinely felt the commitment to police work with an innate sensibility. “It was never just a job for me. I always tried to bring something proactive to it – to be out there really working to make things better, to engage people in meaningful ways and to make tangible contributions,” he said.

After serving the village as a Scarsdale patrol officer for almost ten years, Brogan was promoted to SPD patrol sergeant in 1987. Five years later, in December 1992, he became patrol lieutenant. Ten years after that, in May 2002, Brogan was promoted to chief of the Scarsdale Police Department. He replaced the retiring chief, Don Ferraro, who was an incredible mentor, according to Brogan.

Reflecting on various positions over the years, Brogan identified a special affinity with the patrol division: “Patrol is important because patrol is responsible for the actual delivery of service. It might not be the most glorified position, but patrol is the most visible, active and essential component of any department. Patrol responds to crimes in progress and incidents in which people are at their most vulnerable. It involves a lot of quick thinking on your feet and human compassion. It can be hours of boredom followed by moments of terror. Patrol is the backbone of any department.”

One of Brogan’s most memorable incidents occurred as a young patrol officer in Scarsdale. Brogan had been assigned to a plainclothes squad targeting a suspect accused of approximately 80 village burglaries committed during the late evening and early morning hours. He recalled: “We were put on steady shifts from 10 p.m. to 6 a.m. to try to catch the guy. One night I was dispatched to an alarm and was less than 30 seconds away. As I arrived, I saw an open house door and ran in. The homeowner shouted he had chased the burglar from the house, and the burglar fled over the backyard fence. It was a cold January night, with a full moon and traces of snow on the ground. I began to climb fences and trek through backyards, guided by an occasional footprint in the snow.”

Eventually, Brogan caught up with the perpetrator, who was lying in a backyard next to his jacket. The young man was not attempting to hide; nor was anything nearby that could have caused him to trip and fall. “I ordered him to remove his hands from under his body, and he responded with a string of profanities,” Brogan said. “I called for backup but wasn’t sure where I was because I had been going through backyards. Finally, a woman opened her house window. She asked what was going on and told me the address. When backup arrived, I began to handcuff the man, and he started moaning. I repeatedly asked what was wrong; but he only responded with profanities. It was then that I noticed a small hole in the back of his T-shirt. I lifted his shirt and saw a bullet wound just below his shoulder blade.”

Brogan then broadcasted that the suspect was suffering from gunshot wounds, and he requested an ambulance.  When the department’s commanding sergeant responded to the scene, he asked Brogan about the gunshot wound, assuming Brogan had shot the suspect. Brogan convinced the sergeant he had not fired his gun, and they both returned to the scene of the burglary for further investigation. Eventually the homeowner admitted to shooting the burglar as he fled the house. The suspect, who never told Brogan he had been shot, was barely alive when he arrived at the hospital; but when Brogan was assigned to guarding the suspect at the hospital later that week, “he stopped cursing and thanked me for finding him and saving his life,” Brogan said. 

Other memorable career events included the challenging resolution of a home invasion case involving the same-day arrests of eight suspects, from New Rochelle and the Bronx, who worked together to pull off the crime – as well as a case in which Brogan managed to reunite a 13-year-old boy in Newburgh with his stolen bicycle. “The kid was brokenhearted since his family was of modest means, and the boy had been working odd jobs for some time to save up and purchase the bike,” Brogan said. “About a week after the bike was stolen, I noticed a bike with an evidence tag in the booking room at police headquarters and immediately recognized it as the bike in question. I called the kid’s home and told him to come and pick it up. Although it didn’t take much effort on my part, and no great police work was involved, I still vividly remember how happy and full of gratitude the boy was when his bike was returned to him. For this reason, it stands out as one of the more gratifying experiences I’ve had in my career.” 

During his tenure as chief, Brogan has actively cultivated a philosophy of “policing as a people business,” and he has worked toward initiatives that have fostered a greater sense of organizational identity within the department.

The renovation and expansion of the Public Safety Headquarters building was actualized while Brogan was chief. From planning through construction, the total project took more than seven years and required the creation of a redundant communications and booking center that mimicked the previous facilities and ensured no interruption of service to the community during the department’s relocation to temporary headquarters. Now, the resulting permanent structure represents a state-of-the-art facility equipped for best practice in communications, training, investigation, administration and practical needs – for today and for the future.

Other notable achievements include the following. Brogan instituted a Motorcycle Unit, and he expanded and professionalized the department’s Honor Guard. Both are primarily used for ceremonial functions. Brogan started an orientation program for new hires and invited family members to participate, which has worked to build a strong sense of community and camaraderie. Diversity has increased within the department during Brogan’s 12 years as chief, thus allowing the department to better serve Scarsdale residents and the community at large. Under Brogan’s guidance, all members of the department’s command staff are now required to attend the FBI National Academy, a 10-week residential program for law enforcement executives in Quantico, Virginia. During Brogan’s tenure, the department has also actively pursued a set of policies and procedures that fulfill the requirements of several hundred best practice standards covering every aspect of law enforcement for the purpose of national accreditation. As a result, the department has successfully maintained national accreditation since 1995. In 2009, the department was further sited as one of five flagship agencies in the nation; and this coming March, it is expected to achieve gold standard accreditation.  

“Everyone comes here wanting to be a police officer. But we want our people to be Scarsdale police officers,” Brogan said. “Thus, all of these efforts add to our professionalism and to the sense of pride and identity that our members have in this organization. This pride manifests itself not only in the heroic work our officers perform when necessary but also in the good community-based work done on a daily basis. The chief sets the tone, but the real police work is done by the patrol officers on the street, the first line supervisors, the detectives and the support personnel like the dispatchers, the animal control officers, police aides, parking enforcement and records room personnel. … Going the extra mile here is not the exception; it’s the rule.”

Following his retirement at the end of January, Brogan is looking forward to keeping busy in the private sector. He has taught criminal justice at Dutchess Community College for four years and is considering an opportunity to work as an adjunct professor at another college in New York. He also plans to expand his involvement with the Rotary Club, either in Scarsdale, where he has been an active member for many years, or in his own community. “I want to stay in a role where I can make a difference in the lives of people, and volunteer work brings a sense of great reward and purpose,” Brogan said.

“I will miss the structure and the excitement of the job, and I will miss the personnel,” the Chief reflected. “I have been blessed to have worked with an incredible group of people, including members of this department, a supportive village administration, talented and dedicated elected officials and others who were always willing and eager to lend a hand. Together, we inherited a great organization from former Chief Don Ferraro, and together we worked to make the Scarsdale Police Department at least a little better than how we found it. Mostly, I will miss being part of the energy of this team.”

And certainly, the team – and the entire community– will miss their Chief.

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Written by Joanne Wallenstein

Published: 01 December 2014

Created: 01 December 2014

Last Updated: 17 August 2017

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Who knew that the question of leaf disposal could draw a crowd to Village Hall and inspire a passionate discussion? On the Tuesday night before Thanksgiving I was surprised to find so many residents in Village Hall for a hearing on a proposed new leaf collection law that would eliminate the vacuuming and collection of loose leaves from Village streets during the fall months.

The new provision would require residents to mulch their leaves in place, bag them for collection or haul them to the Crossway Leaf Transfer Station for recycling. The intent is to encourage more residents to mulch the leaves on their lawns and to utilize this organic matter to feed lawns – rather than haul the leaves away. However – those who opt not to mulch or cannot, can purchase biodegradable leaf bags from the Village at a cost of .80 each or ask their landscapers to load their leaves on trucks and transport them to Crossway.

Scarsdale's Superintendent of Public Works Benedict Salanitro explained that the Village now picks up 12-13,000 tons of leaves a year, hauls them to Crossway and then sends them to facilities upstate where they are made into compost.

Anne Jaffe Holmes, a proponent of leaf mulching from the Greenburgh Nature Center said that over 20 communities in Westchester are now examining the issue and that mulching has proven to be effective in many cases. Holmes said, "I am not saying that every leaf can be shredded and used on a property. But we are trying to get people to remember that we will all benefit by recycling the leaves onto our own properties. Mulch mowing is effective and efficient."

Residents who spoke at the meeting were split on their views:

Those opposed included Harvey Barton who has lived on Overlook Road for 46 years. He said, "We are avid conservationists and we have been mulching for years. I think there are some benefits to mulching – but on the other hand if you take 5600 families in Scarsdale and divide 5600 homes by $800,000 that comes to $160 per home. If landscapers take on this burden it will be far more expensive. In Mt. Vernon they bag leaves and the gardeners raised their fees. Bagging and mulching is labor intensive. From a practical point of view I simply don't think it is going to work!"

Susan Grosz, a 30-year resident of Scarsdale agreed. She said, "Many homes are on tiny plots of land – I have .15 acres and huge oak trees. It would be a burden if we had to bag our leaves or take them to the recycling center. Why is it more environmentally sound for my gardener to move the leaves than for Scarsdale to do it? My gardener said it would be considerably more work. If you enact this new you are in effect giving us a tax increase."

Chris Corrini, 22-year resident of Scarsdale said, "We are strongly against the proposal. It pushes the cost and burden onto the residents. The village is a cooperative and performs services in an efficient and effective manner....Scarsdale residents chose to live here because of the high level of services. These services are best handled collectively. We all could have moved elsewhere – but we are happy to put our taxes to good use. Many are not equipped to mulch their own leaves. Our homes have large trees and mulching cant take care of all the leaves."

Betty Bloom said, "Cutting services may save the Village money but will not save taxpayers a penny. The union will not allow cuts and you will need to buy new trucks to pick up the bags. For residents with disabilities this will be an impossible hardship. Encouraging mulching where it is feasible is good. We do our own gardening and it will be a hardship to do what you are asking."

Landscaper Frank Sensate who is a member of the NYS Landscaping Association said, "Try to mulch leaves and you will swallow dust all day. Dry leaves block your eyes. Customers will come home and see torn leaves on top of their grass."

Mr. McFarlane who lives on a corner lot on the Post Road said, "Environmental responsibility is high on my agenda. But at our age it is becoming more difficult for us to take care of the property. We are retired. We don't want to be pushed out by another tax in one form or another. There are ways to accomplish this by phasing it in. At the moment it is not physically practical for us to gather all the leaves, mulch them and redistribute them. At this point we can't afford to hire someone to do that. Please give careful consideration to how you implement it."

A relative newcomer who said she has only lived here for seven years said, "For those of us who live on small lots it is not feasible to compost the leaves. We mulch and compost and still have mountains of leaves. It will be very expensive and labor intensive to bag the leaves. I wish I could imagine what it would be like for the elderly people who try to stay here. There is a limit to what they can physically accomplish."

Susan Levine of Ardmore Road has lived in Scarsdale for 45 years. She said she is willing to try to mulch but her gardener was against it, even though she offered to buy him the mulching blade. She said, "I am concerned that the gardeners are pushing back. We need cooperation from the landscapers."

Speaking in favor of the proposal Kelly Sperling of 63 Tunstall Road said, "I am concerned with the leaf piles in the streets and my husband is concerned with lawn aesthetics. We tried mulching this year. The gardener used a regular mower and it looks fine. The only difference is that the grass is softer. We are pleased with the results –- it's worth a try."

Betsy Bush who tends to her own ½ acre property on the Post Road said, "We have mulched the past few years and it is fine. It's easy – I am not scooping up loose leaves. Once we (the Village) starts doing it, it will be fine ... its an inevitability. This budget line item can be redeployed to do something that can benefit everyone. Future boards will have to face this issue. If you push off the decision, feelings are going to harden and people will be not nice to each other – there is a nasty edge in the room. These leaf piles are dangerous. Landscapers are in the middle of the road blowing the leaves Who is going to responsible when someone gets hurt?"

Former Village Trustee Dan Hochvert of Woods Lane said that he purchased an extreme mulching blade and installed it himself. He now mulches the leaves to less than ¼ inch and they decompose more quickly.

Bob Berg of Tisdale Road said that 50% of the leaves are in the street and not on the lawns. It is not very sanitary. Safety issues are enormous in town and wet leaves are slippery. I asked by landscaper to mulch and I watched him as he blew them into a pile and mulched them. It's fine! I am sure our lawn will look a lot nicer next year.

Amy Goldstein of Brewster Road said she had an "Easy introduction to mulching."
She "found a new landscaper who matched the price of her former landscaper." She said, "It doesn't take longer. It was a "positive easy experience at the same cost."

Michelle Sterling of Brayton Road is also a proponent. She lives on a ½ acre property with large deciduous trees. She said, the "leaf piles I the street are massive and cause you to weave when you drive. Our two lane street is now a one lane street."
About mulching she said, "My landscaper agreed to do it – and I couldn't see the difference. I actually timed him and it took him less time." She continued, "Right now our leaves are vacuumed up and trucked to a transfer station. Then they are sent to Columbia County where they are mulched and bagged and sold back to us as mulch.
Why are we giving away our fertilizer and buying it back? Should we keep doing the same old or do we make a change? I hope we agree to do something as a community.

Some favored mulching but asked the Village to retain the vacuuming service:

Lee Fishman who serves on the Conservation Advisory Council said, "I support mulching but do not support the change in the law. Overcoming apathy and coordinating with landscapers will take time. The more we educate the less jarring the change will be." He continued, "We can collect less frequently. We can advocate for a county requirement that all landscapers use mulching blades. It is worth a try –an optimal outcome might be a blended approach."

Phyllis Finkelstein who has lived on Fenimore Road for 45 years said, "I do my own lawn maintenance. We have been subsidizing the schools as empty nesters
I want the village to help me manage the village owned trees on my lawn. The discussion to mulch became coupled with a discussion of eliminating vacuuming.
The two issues need to be separated. Mulching has become a battle cry. Well-minded advocates have simplified the issue. 100% compliance is not a realistic goal.
I suggest we back off the discussion of leaf vacuuming and continue to educate about the benefits of leaf mulching. After voicing my concerns twice I was asked to join the leaf education task force. I do believe that mulching is viable for many – it is a slow process. Calm the waters – move away.

Mayor Steves thanked everyone for their input and promised to take it all into account when considering the adoption of the new law.