Heathcote Association Members Call for a One-Year Delay on the Revaluation
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The Village Board appeared to be caught off guard by the many residents who turned up at the meeting on Tuesday night May 13th. Perhaps the Board could have taken a clue from the presence of the Village Assessor and John Wolham of the NYS Department of Taxation of Finance that a discussion about the revaluation was in the offing, but that wasn't revealed until the Mayor invited public comments. It was a good thirty minutes into the meeting before it was apparent that a group of homeowners had come to the meeting to question the assumptions and methodology used for the Village-wide revaluation, and to call for a one-year delay in its implementation.
David Bunzel of 2 Sherbrooke Road came to the podium and spoke on behalf of the Heathcote Association, of which he is the president. The Heathcote Association includes many of the largest properties in Scarsdale that line Heathcote Road, Sherbrooke Road and several of the surrounding streets. Many are on more than two acres and pay some of the highest taxes in town. He said that the 40 homes in the association have been "hardest hit" by the revaluation and that the revaluation was "promised to be fair and transparent" but "it has been just the opposite."
Bunzel inferred that these homes had been singled out and wanted to know "what instructions were given by the assessor's office to Tyler in terms of targeting and valuing older homes or homes on larger acreage," stating that "homes on larger lots appear to have been targeted for assessment increases well above village-wide averages." He also said that "outliers" were used as comparables ...mostly teardowns."
Bunzel told the trustees that the association was seeking to assess the fairness of the revaluation by hiring a statistician to review the data. However, he said that they need regression analyses, residential value analysis and the assumptions behind the model, or "the secret sauce." They have submitted a FOIL request for this information but the Village has not provided it as it will not be available from Tyler until August 15th.
Given the lack of available information, residents could not "assess the fairness of the study" or 
fairly plead their case. He therefore called on the Board to delay implementation of the revaluation by one year to "move forward on a fair, accurate and transparent process," and to "soften the blow for certain constituents whose assessments are to go up substantial amounts."
Ron Parlato, who lives on Sherbrooke Road but also owns another 10-acre lot on Mamaroneck Road near the Weinberg Nature Center echoed Bunzel's sentiments. He said that taxes have doubled on his property on Mamaroneck Road. He said there has been "confusion and misinformation" and that the revaluation was done without "transparency and accountability" and proposed a one-year delay.
Steve Rakoff, a resident of Morris Lane and a developer asked "what were the checks and balances?" He claimed that overstatements on the data cards were made to coerce inspections from residents who had not permitted the inspectors inside. Mayor Steves replied to Rakoff, saying, "We said from the outset, that if you don't let the assessor into the house, we will assume a high quality interior. Not deliberately inflating anything." Village Manager Al Gatta defended Tyler Technologies, saying, "Tyler is the leading firm in the country. They are even going to China. Nanette (Albanese) oversaw it – she was the contract administrator. In the end, she will certify the list. Nanette made sure they did it right. If you want to hire your statistician you are welcome to."
Rakoff continued saying that on his street, "24 valuations went up and 3 went down." He claimed, "On Morris Lane there were 30-50% increases. There may have been a mistake and land may have been overvalued. These are irregularities from a model that is not carefully thought out. He then questioned the assessor's role and said, "Was there over-involvement?" He ended by asking the trustees to consider a delay.
In response to these residents, Mayor Steves announced that Tyler Technologies would hold a meeting to explain the methodology, assumptions and the model on the evening of May 29th. Gatta also said that the Village Assessor would meet with those who had concerns.
Commenting on the meeting Nanette Albanese said, "Three persons spoke at the podium last night, all of whom live in Heathcote/Murray Hill, the estate area of Scarsdale and the neighborhood that the Scarsdale Forum report identified as containing most of the homes that were significantly under assessed prior to the Reval. I would not characterize those numbers as widespread dissatisfaction."
Asked about the methodology, she said, "Some of it is on our webpage and the remaining documentation, which is in the possession of Tyler, is scheduled to be provided by them within the coming days."
To answer Rakoff's concerns that she had exercised undue influence over the process, Albanese described her role: "Patrick and I vetted all of the sales, assisted in the creation of the neighborhoods, assisted in the assignment of the parcel specific influence codes, reviewed work produced by the data collectors, assisted in the training of the data collectors, made sure there was sufficient staff on premises at all times, particularly that telephone calls were timely returned and that taxpayer issues and problems were addressed, ensured that Tyler accommodated taxpayer schedules and needs, created all of the literature, news releases and website data for the Reval, ensured that their work conformed to all Scarsdale standards, ensured that turn around time schedules were met, reviewed some of the valuations produced, Required that they add staff to the drive by process and held them to restrict performance of the contract in all categories."
We also spoke to Bob Berg who championed the revaluation for the Scarsdale Forum about his view on a potential one-year delay, and here is what he said, "While I wasn't present last night, the suggestion that the revaluation be delayed another year is ludicrous. The fact that properties in the Heathcote Association have been particularly impacted by the reval demonstrates the success of the reval process overall. Indeed, when I first investigated the need for a reval in Scarsdale soon after I moved here, the Heathcote Association properties were the poster children crying out for dramatic increases in their valuation in order to achieve an equitable assessment roll. So it comes as no surprise to me that when Tyler applied its valuation methodologies, many of the Heathcote Association properties soared in value and now will pay property taxes based on those fair market valuations. The rest of Scarsdale's taxpayers have been subsidizing the property taxes of these estates for decades. My own analysis of a non-scientific selection of those properties leads to my conclusion that Tyler did a good job there. Undoubtedly, when individual properties are examined, errors will be found. That's the purpose of the informal reviews with Tyler that have just been completed. Hopefully, Tyler will make any necessary corrections and they will notify homeowners who met with them of their final determination. If a homeowner is still unhappy, she may file a grievance between June 1 and 17 which will be considered by the Board of Assessment Review of which, in the interest of full disclosure, I am a member. If the homeowner disagrees with that determination, she may appeal to the Supreme Court, Westchester County, in a small claims proceeding for qualifying properties or in an Article 78 proceeding. So homeowners have plenty of due process available to them. As to the transparency of the process, I have found both our Assessor's Office and the Tyler personnel very open and professional. If homeowners want more information about the model and comps Tyler used, they can file a request under the Freedom of Information Law. Delaying the implementation of the reval will not occur. That horse has long since left the barn."
Plants for Library Pond: 
In other business at the Village Board meeting, the trustees accepted a gift of $1,150 for native buffer plants for Library Pond from Girl Scout Georgina Stanley who raised the funds through bake sales, tag sales and by securing a $1,000 grant from Disney. She did this work toward her Silver Award Project for the Girl Scouts and will install the plants on Saturday May 17 at 10 am. The community is invited to stop by and help.
Sale of 3 Edgewood Road:
The Board announced that a foreclosed property at 3 Edgewood Road would be sold to Andrew Silverstein, the highest bidder. Trustees had considered accepting the second highest bidder, Tracey and Jonathan Czar, who promised not to tear down the house. However, the board said that the Board of Architectural Review and FAR regulations would "ensure the consistency of the character and size of the proposed new home" and that the Board would exercise their "fiduciary responsibility" and adhere to a "fair and equitable solicitation process" by selling the house to the highest bidder.
Westchester Fine Arts Festival 
The Board also approved a resolution to authorize the Scarsdale Chamber of Commerce to hold the Westchester Fine Arts Festival in the Village this coming weekend, May 17-18. A resolution was passed to recognize the workers at the Scarsdale Department of Public Works by proclaiming May 18 – 24 National Public Works Week in honor of the hard work and dedication of all employees of the Village of Scarsdale DPW.
927 Property Owners Meet with Tyler on Revaluation
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If you had questions about your new assessment, you were not alone. According to Village Assessor Nanette Albanese, 927 property owners, or about 15% of Scarsdale property owners, held "informal" meetings with representatives from Tyler Technologies, the company that conducted the Village-wide revaluation. Tyler is now reviewing the information gathered at those sessions and will determine whether or not to adjust the valuations in time for the June 2, 2014 tentative assessment role.
All 927 property owners will receive written notification of the outcome of their meetings. Even those who did not have a meeting could receive notification of a change in valuation if Tyler determines that "a change is warranted."
Apparently Tyler was alerted to a few homes that were under-assessed and they are taking a second look at those as well.
Though some whose valuations were decreased are bemoaning the fact that they are paying 2014 taxes based on the old, higher valuation, Albanese says, "It's not a matter of fairness ..... it is the law. Taxes are always paid on a prior year's assessment and the period to have addressed the purported "underassessment" has long passed."
Those who have noted errors on their property data card, even if it doesn't affect valuation, may want to call it to the attention of Tyler so it can be corrected. Tyler is currently working at 25 Ramsey Road and corrections can be sent to them at that address.
Water Line Break Should Be Repaired Tonight
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(5:30 PM Update from the Village) Please be advised that the Village contractor has successfully installed a line-stop approximately 200 feet east of the water main break in order to stop the water flow between these two points. The repair area is now free of water and the contractor is able to access the trench to repair the water main. Additionally, with the line-stop in place, Village crews will begin opening the valves that were previously closed in order to restore water to all homes that are currently out of service. Residents will experience low water pressure initially until the water main is repaired and the Reeves Newsome Pump Station is placed back in service. The water main and pump station should be back in service late tonight. Updated information will be available on the Village website and another message sent if necessary.
Please be reminded that traffic through the Fenimore, Fox Meadow and Walworth intersection is still restricted to one reversible lane with the associated traffic delays.
Thank you for your understanding and patience as the Village works towards remediating this situation.
A portion of Greenacres and Fox Meadow has no water, low pressure or discolored water following a valve failure at the Reeves Newsome Pump Station, which is currently under repair. The line and valve started to leak Tuesday morning April 22 and despite efforts to repair it all day and night, the leak continues on Wednesday April 23. Workers on the bridge now say they hope to have it repaired by tonight. A reader who lives on Oak Way says his home has had no water since last night at 6:30 pm.
The affected area extends from the Bronx River Parkway to the Post Road, north of Butler Road to Kingston Road.
There have been significant delays crossing the bridge to and from Scarsdale where a policeman is directing traffic through one open lane.
In addition to the issues at the bridge on Fenimore Road, the county has informed Scarsdale Village that the southbound exit of the Bronx River Parkway at Crane Road will be closed for three months starting 10 am on April 26. From this Saturday until the anticipated re-opening of the exit on July 26 drivers going southbound on the BRP who wish to go to Scarsdale Village will need to exit at Harney Road and drive north to the Village.
New Historic Preservation Code Under Consideration
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The Village Board of Trustees is continuing to work on revisions to a draft of the portion of Village Code concerning historic preservation. Trustee Stacey Brodsky, Chair of the Trustees Law Committee, appeared before the League of Women Voters of Scarsdale on Monday April 28th to update the group on the Board's progress on drafting new preservation code and to clear up misconceptions about the current process.
League member Lisa Eisenstein reviewed the current law and lead a discussion about current practice and new proposals under consideration by the Board to safeguard Scarsdale's historic treasures. While some thought these new laws could protect neighborhood character and stymie development, this is not the purpose of the new code that is currently under consideration.
Currently Scarsdale has a reactive process whereby properties are only considered for preservation after an application for demolition has been filed. Since the Village does not currently have a proactive method of land-marking historic properties or resources, these properties are only evaluated if someone wants to take them down.
Under a new law the Village would have a process to identify and designate properties as landmarks.
Here are the criteria in the current draft that would be used by the Committee for Historic Preservation to determine whether to recommend a property for historic designation to the Village Board:
- The depth and significance in American history, architecture, archeology, engineering and culture present in districts, sites, buildings, structures and objects that possess integrity of location, design, setting, materials, workmanship, feeling and association and:
- That the building, structure, site or object in question is associated with events that made a significant contribution to the broad pattern of Village, regional, state or national history or:
- That the building, structure, site or object in question is associated with the lives of significant persons or:
- That the building, structure, site or object in question embodies the distinctive characteristics of a type, period or method of construction or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components my lack individual distinction or:
- That the building, structure, site or object in question has been listed on the National Register of Historic Places or NYS Register of Historic Places or Westchester County Inventory of Historic Places. A National, State or County listing is not alone sufficient to warrant designation as a landmark.
Unlike current practice, the Committee for Historic Preservation could be proactive about identifying sites or 
properties that meet these criteria. They would make their reccommendation to the Village Board who would have the power to impose it. Owner consent would not be required, as the committee reasons that ownership is transitory and the current owners might not concur with what the Village Board deems best for Scarsdale.
However, under the new statute, renovations would be permitted as long as the essential elements of the façade that make the building historic are maintained. The trustees reason that only the building façade is of public interest and the landmark designation would not govern interior renovations or improvements. Owners of landmarked properties would be required to maintain the features that are historic such as architectural symmetry, materials, rooflines or any other historic elements. A newly formed "Design Review Board" comprised of members of the CHP and BAR would review and approve renovation plans for historic properties.
There would be a tax incentive for any improvements on a land-marked property and following a renovation, the new assessed value would be phased in on a sliding scale over a 10-year period to curb tax increases for renovations of historic properties. Brodsky did not envision that a land-marked home would suffer a decrease in value, as owners would still be permitted to renovate a home to today's standards, and the designation might give the home distinction or cache.
Brodsky said that these new criteria for land marking are more stringent and that only a modest number of sites and homes would meet them. She envisioned that buildings like the Scarsdale Woman's Club, the Scarsdale Library or Wayside Cottage might be the first to be considered. The new criteria could not be used to protect a home simply because neighbors don't want to see it torn down. For example if a home without any architectural significance belonged to someone well known, the fame of the prior tenant alone would not be enough to landmark the house.
Brodsky also sought to clear up confusion about buildings that had been identified in the Historic Resources Survey conducted by Li/Salzman Architects and presented to the Village in 2012. Brodsky explained that the properties that were identified in the reconnaissance survey have not been landmarked. The architects did a survey of the Village and called out certain homes and districts for consideration. However, nothing has been done to date to landmark these properties and a more thorough research study would be needed before the CHP could designate properties as historic.
One provision of the proposed draft should please former Village Trustee Robert Harrison. The new law would require the CHP to make all decisions at public meetings pursuant to the NYS Open Meetings Law. Currently the CHP does their deliberations behind closed doors, a policy to which Harrison frequently objects.
For now, no new law has been passed. Until then, if a property is to be demolished, an application needs to be 
filed and the Committee For Historic Preservation will consider the appropriateness under the current criteria.
Some hoped that this new law would prevent teardowns and limit the size of new homes on Village properties. Brodsky explained that the historic preservation law would not address this concern. However, the Board of Trustees has asked the Planning Board to to look into treating gravel driveways as impermeable (as they are for storm water purposes) for purposes of lot coverage, which would affect the size of houses on properties. Driveways are currently considered permeable surfaces (like grass) and therefore their area does not count when calculating the maximum size house on a property. The Board of Trustees may also reconsider the FAR calculation, which was implemented 10 years ago and may not be doing enough to prevent over-sized houses from being built on existing lots.
New Appointments to Scarsdale Village Boards and Councils
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The Village Board announced the following appointments to Village Boards and Councils at their first meeting with the newly elected trustees on April 8th. Here are the new appointments to Scarsdale Boards and Councils:
Board of Ethics: Evelyn Stock will serve as the chair and Jane Veron has been appointed as a member of the Board.
Library Board: John Harris has been appointed as a member of the Board.
Advisory Council on Youth: Polly Klein and Debra Burnham Hyman to serve as members. Lou Mancini is re-appointed as a member.
Advisory Council on Scarsdale Senior Citizens: Barbara Baum, Joan Gips, Terry Kessler Schwarz, Marjorie Spiro and Bob Wax have been re-appointed as members of the Council, and Carol Silverman has been re-appointed as chair.
Board of Appeals: Jeff Watiker will serve as a member, Justin Arest will serve as an alternate and George Lindsay will serve as chair.
Council on People with Disabilities: Beatrice Cremieux, Robin Goldman, Marian Green and Carol Kadanoff have been re-appointed as council members and Marian Green will serve as chair.
Conservation Advisory Council: Ron Schulhof and Cynthia Roberts have been re-appointed as members and Lee Fischman will serve as chair.
Board of Architectural Review: Carl Finger will serve as a member and Jessica Kourakos and Jamie Kayam as alternates. The BAR will be chaired by Jack Scott Miller.
Planning Board: Dan Steinberg will serve as a member, William Ortner as an alternate and Seth Ross was re-appointed to chair the Board.
Committee for Historic Preservation: Bana Choura has been appointed a member and Paul Diamond will continue as committee chair.
Advisory Council on Parks and Recreation: Sean Kelly, Louis Vetrone and Matthew Zik have been re-appointed as members and Gerard Varlotta has been re-appointed as chair.
Advisory Council on Technology: Daniel Finger, Kamal Mehta, Michael Raposa and Iliya Rybchin have been re-appointed as members and Bruce Well as chair.
Cable Television Commission: Raphael Abada and Christopher Marvin appointed members and Lorayne Fiorillo as chair.
Advisory Council on Human Relations: Timothy Foley, Michael Duncanson and Doris Pechman as member, Michael Duncanson to chair.
