Thursday, Jul 04th

Lawyers for Quaker Ridge Golf Club and Brittany Close resident Leon Behar were back in court on Tuesday July 6th trying to iron out their differences in the ongoing conflict about errant golf balls. The lawyers met behind closed doors with Judge Murphy at the courthouse in White Plains while Quaker Ridge Club President Alan Howard, General Manager Robert Musich and Brittany Close resident Leon Behar awaited the outcome.

As reported on Scarsdale10583, Behar’s property borders the second hole of Quaker Ridge Golf course and is now in the line of fire. Behar constructed a 25-foot fence to protect his home and pool, but since the fence height exceeded Village code, Scarsdale has asked him to remove it. In turn, Behar's lawyers negotiated with Quaker Ridge Golf Club and they agreed to build a 60-foot screen of netting to shield Behar's property. However, when the application for the fence went before the Scarsdale Village Planning Board on 6/23 it met with objections from neighbors on Brittany Close who felt a 60-foot fence was higher than needed and the Planning Board held over the matter until their 8/4 meeting. The Board has requested additional information on alternatives to the 60-foot fence, including trees and a temporary fence plus scientific data on the required height of the netting to prevent balls from hitting the Behars. The Board also encouraged the neighbors to continue to work with the Behars to find an amicable solution.

Though neighbors contend that Behar caused the situation by removing trees from his property Behar claims that the trees he took down were dead and were not shielding his house from the golf course. In fact he says that the Village arborist recommended their removal.  According to Behar, in addition to the trees he removed, six or seven trees on the golf course, some as tall as 80 feet, fell in a storm in 2008 and were not replaced. The club says that these trees were actually located on Behar's property.  Behar told Scarsdale10583 that the lawsuit was “a last resort to protect my kids.” Though he empathizes with the club, he argues "that human life is more sacred than the game of golf" and would like the club to reposition the tee box for the second hole. He also believes that the village could require the club to do extensive landscaping to protect his home and hide the proposed mesh fence.

The management of Quaker Ridge argued that the golf course was built in 1918 and that repositioning the second hole would be impossible. They favor the construction of the fence and are ready to do so. The club also plans to build staff dormitories to house Quaker Ridge employees near the Brittany Close homes. The application for that project appears to be on hold until the current conflict is settled.

In the words of one longtime club member, “Assumption of risk is not the end of the inquiry. The Club owes a duty of care to adjoining homeowners. So, the compromise calls for the erection of a screen. It's now up to the Village to decide how high the screen should be.”

For now, pending an agreement on the form of protection for the Behars, use of the second hole at Quaker Ridge Golf Course remains restricted until August 22nd. The Scarsdale Planning Board will reconsider the matter on August 4th and parties will meet again in White Plains court on August 17th.

According to the Journal News, Morgan Goodman of Scarsdale was rescued from the Bronx River on Sunday evening when his car veered off the road, struck a guardrail and landed on it’s roof in the river.

Though several motorists tried to help, Morgan remained under water for 2-3 minutes before a Westchester County police officer swam into the river, opened the driver’s side door and was able to release Goodman from his seatbelt. He was carried ashore revived by emergency workers and taken to Valhalla hospital. As of Monday, he was still in critical condition. No one knows the cause of the accident.

Coincidentally, Goodman was in the news in April of this year when he removed the top of a parking meter and took it to Scarsdale Village Hall to show the Village court that it was broken. He was unhappy about receiving a parking ticket.

Attorneys, concerned residents, a landscape architect and the management of Quaker Ridge Golf Club appeared before the Scarsdale Planning Board on Wednesday night 6/23 seeking a ruling that would allow the club to lift restrictions on the use of the second hole of the golf course, and meet the approval of the homeowners of Brittany Close. Currently, the second hole cannot be used after 1 PM on select days of the week because errant golf balls have been entering the yard of a neighboring home.

At stake, was a proposed 60-foot high fence that would be installed to shield the residents of 8 Brittany Close from flying golf balls. Gail and Leon Behar of 8 Brittany Close contended that during one 7-day stretch 69 golf balls landed on their property. Struck at high speeds, these balls could be lethal. The Behars want a 60-foot fence installed to protect their home, which is situated in a relatively new development of homes off Griffen Road called Scarsdale Manor

In December, 2009 the Behars sought approval for a variance from Scarsdale Village to construct their own 40-foot high fence, which exceeded the maximum height allowed, but their pleas to the Board of Appeals was denied in March, 2010. With golf season looming, the Behars hired attorney Julius Cohn to take action against the club and demanded that they either reconfigure the golf course or construct a 100-foot fence to prevent balls from travelling onto the Behars property.

The case was heard at the State Supreme Court in White Plains in early June and the judge recommended that the club erect a 60-foot net on club property for which the Behars would contribute $10,000 of the cost. However, the Village would need to approve the height, appearance and placement of the fence.

With this ruling, the Behars undoubtedly thought their troubles were over as no one from the their team appeared at the Planning Board meeting this week. Perhaps they were not aware that their neighbors objected to the construction of a 60-foot high fence that would loom over the cul de sac and destroy the bucolic site lines.

Representatives from the Scarsdale Manor who spoke for seven of the twelve homeowners in the circle asked the Planning Board to consider the effect of the construction of an enormous screen on the aesthetics of their neighborhood. At 60 feet high and 160 across, the screen would measure 7,200 square feet, which is six stories high and double the height of the homes in the development. They contended that the stakes that would anchor the mesh screening would be as high as cell phone towers and measure 16” in diameter.

To give context to the decision before the Planning Board, the residents offered some background on Scarsdale Manor. The community was built on land once owned by the Winston Estate and ten years of planning went into the design of the community. The Tudor-style homes sell for upwards of $3.7 million and they surround a large, landscaped retention basin. There are strict association rules concerning appearances and no clotheslines, poles or antennas are permitted. Even the power lines have been buried underground. Therefore, in their view, it is particularly egregious that 60-foot stakes would be installed just 6” off the Behar’s property line.

The Behar’s themselves had asked the Homeowner’s Association to bend the rules to allow them to construct a pool and they proceeded. In the process, the Behars removed some of the trees that had screened their home from the golf club. The problem was compounded when additional trees fell on the golf course in 2008. To some degree, they had created the situation themselves. The Homeowner’s Association reminded the Board that last December the Behar’s were fighting for a 40-foot fence and questioned why another 20 feet were now deemed necessary.

Instead, the Homeowners Association proposed that a temporary 40-foot fence be erected, surrounded by a screen of large trees on both sides of the fence. Once these trees grew in, they requested that the fence be removed. The also asked the Planning Board if two poles, rather than four could be used to hold up the fence.

The Homeowners suggested that even the Golf Club would prefer to screen with trees, but that they had agreed to the unsightly 60-foot fence in the hopes of quickly re-opening the second hole.

The Planning Board posed many questions to the lawyers, landscape architect and residents. They wanted to know if any data was available on the severity of the problem…just how many golf balls fell on the Behar’s home? The Quaker Ridge Golf Club did a study during the period from 5/28-6/2, 2010 and found that out of 2,109 tee shots 19 balls, or less than 1% cleared the 25 foot fence that is now in place and landed on the Behar’s property. Behar’s stats were much higher and he also claims that two landscapers at work in the yard were hit by flying balls.

Jane Veron of the Planning Board asked for clarification on the court ruling. Was the 60-foot fence recommended or required? The attorney for the club, Jerold Ruderman explained that the 60-foot fence was a compromise that was negotiated between the club and the Behar’s attorney, and it was recommended but not mandated.

After the meeting, the Planning Board decided to hold over the matter, pending the following:

  • Receipt and review of additional information including alternatives to the fence –including trees to provide natural screening coupled with a temporary screening structure
  •  
  • Scientific data regarding the height of the proposed netting to determine whether or not it would effective
  •  
  • Continued communication between the applicants and their neighbors to come to an amicable resolution.


So for now it seem the neighbors were heard, and there is a moratorium on the construction of a 60-foot fence. That means that restrictions on the use of the second hole at Quaker Ridge will remain in place until all parties settle on a screening solution.

Graduation was a bittersweet day for many Scarsdale parents as we cast a wistful eye backwards, looked into the future and wondered where all the time had gone in between. Somehow the weather gods were with us again, and provided a sunny, but steamy day to witness the end of our children’s Scarsdale education.

Parents arrived as early as eight am to reserve spots in the bleachers and an overflow crowd turned out, leaving some to stand up on the hill overlooking the show of pomp and circumstance. Accompanied by the sounds of the Scarsdale band, the 376 grads marched onto Dean Field in a sea of maroon. Representatives from the class government took the stage as well as School Board President Barbara Kemp, Superintendant Michael McGill, Principal John Klemme and senior class advisors Bruce Henry and Maria Valentin.

The administration had the ceremony down to a science and miraculously managed to laud the class and confer the degrees in just 90 minutes.

School Board President Barbara Kemp told the group that the day evoked memories of her own graduation when as class valedictorian she gave an address on civil disobedience. It also brought back recollections of her son David’s SHS graduation in 2003. He is now serving in a combat unit in the U.S. Marines in Afghanistan and when she asked him for suggestions for her speech, he advised her to “keep it short.”

She advised the class to “put themselves in someone else’s shoes” and learn to be empathetic and supportive of others. Citing many of the charitable activities the class undertook she mentioned the recent trip to Ghana where SHS students supplied and installed mosquito netting to prevent the spread of malaria, as well as Help for Haiti, Katrina relief and even a drive to collect sneakers and to send shoes to those in need.

Kemp closed by asking the class of 2010 to look out for others, use their imaginations to find out where others are coming from and to help along the way. She congratulated them on a job well done and quoting Sinatra said, “If you can make it here you can make it anywhere.”

Class officers Rachel Kourakos and Jack Balter introduced senior class advisors Bruce Henry and Maria Valentine. The teachers looked back on class activities such as bowling night with 80 in attendance, a dance where only 15 students showed up and more successful events such as the Mets Game, the Blood Drive, the carnivals, Junior Olympics, and the senior high school play. Mr. Henry, a math teacher posed some challenging mathematical problems to the audience and miraculously senior Andy Levine shouted out the answers from the crowd.

Ms. Valentin translated words of wisdom from her native Spanish to English ---saying, “There is no bad that without good comes,” and “ what’s yours no one can take from you.”

Amanda Randone had the treat of delivering the Kenneth Rosenberg award, named for a student who died during his senior year in 1976. The recipient is chosen by the class government and rewards a well-liked, helpful, friendly classmate. This year’s recipient was described as respectful, ambitious, kind, loyal- and winner Jeffrey Hassan looked surprised, slightly abashed but pleased to be named the recipient. With loud cheers and applause from the audience, Hassan went to the podium to accept his award.

Lucy Fink won the hearts of everyone in the audience with her speech on staff appreciation. She chose to speak about Sal and the custodial staff at SHS who work long hours and support the students in so many ways. She shared an endearing story about a late night snack she shared with Sal after a play rehearsal when she munched on all the leftovers from a Board of Education meeting.

Her twin sister Allie Fink introduced class president Stan Rosenberg who quoted Vince Lombardi with the words, “leaders are made, not born.” He congratulated Scarsdale with preparing the class for the future and his classmates for doing the best they could. He urged them not to take their Scarsdale education for granted and to persevere in the face of adversity. Calling the class of 2010 “amazing” he thanked the teachers and the administrators.

In the spirit of the 225th anniversary of the Scarsdale Schools, Principal John Klemme shared thoughts on global interdependence and his recent trip to China. Through the eyes of a Chinese High School student Klemme gained a unique perspective on Scarsdale and our place in the world. He was impressed by the Chinese students’ desire to study in the United States, as the Chinese perceive that the best education in the world is offered here. He stayed with the family of Jerry, a Chinese high school student who had private SAT tutoring six days a week and a private college counselor. It seems that parents the world over are striving to get their child into the right college.

He told the students, “You and Jerry are citizens of the 21st century and of the world and share a mutual understanding of complex issues. “ He urged the class of 2010 to use critical and creative thinking skills, to make a commitment to service and to demonstrate perseverance, caring and respect.

Harking back to 1952’s SHS Principal Nelson, he said, the essence of understanding is rooted in a liberal education. He left the class with the words, “be well, be a force of connection and be proud.”

With that Superintendant McGill, rose to the podium wearing a large straw hat and certified the degrees. He sent the group on their way telling them to “Go forth and serve the common good.”

Scarsdale Police Report: Anti-Semitic Missive: Ellen Plum Rosenberg, the President of Scarsdale Synagogue Tremont Temple Emanuel received a 10 page anti-Semitic letter. The letter included handwritten content, copies of articles dating back to 2005 and Biblical verses. Some of the text was unintelligible. The letter contained no threats to the recipient, her family or the temple but contained very strong anti-Semitic opinions. There was no return on the envelope but there was a PO Box number written on page 2. Four other people in Scarsdale have received similar letters and the police are taking the matter very seriously. They are conducting an investigation and have contacted the Westchester County District Attorney’s Bias Unit.

Loud Crash:
South Church Lane residents were awoken by a loud crash at 4:30 am on June 17. They found that their front glass storm door was shattered. They did not know who or what was responsible and nothing appeared to have been thrown through the glass.

Egged: Eggs were thrown at a Penn Boulevard home around midnight on 6/19. Though there was no damage, one of the eggs went through the screen and dripped into the interior of the house.

Stolen Bike: A bike belonging to a Fox Meadow woman was stolen while parked and locked on East Parkway. The black Raleigh bike was left in town on June 11, and when the owner returned on June 13 she found that her lock had been cut in half and the bike was gone.

Identity Theft: On 6/17 a Barry Road man reported unauthorized use of his Mastercard for $440 in purchases at Henry’s Wines in Jamaica, Queens, and $160 at Stop and Shop. The man believed that someone working at a gas station might have taken his Mastercard number when he used it to pay for an oil change. He cancelled the credit card.

Found: A Garth Road man’s wallet was found at the Scarsdale Middle School and turned into police on 6/17. A pair of black prescription Ray-Ban sunglasses were found at the intersection of Tompkins and Butler Roads on June 15 and turned into the police.

Garbage: A man was reported to be sifting through the garbage at Scarsdale Village Hall on June 14. The man, who was wearing a Carrier Corporation uniform was looking through empty billing envelopes. Shortly after he was observed he left the loading dock.


Lawn bags were moved into the middle of Oak and Kensington Road at 11:45 on the night of 6/19. Police moved the bags out of the street.

The nanny for two Post Road children stopped a Foxhall Road resident to ask for $10.00 for train fare on June 14. She said that her son was in an accident in Poughkeepsie. One of the children she cares for was in the back seat of the gray SUV she was driving. The Foxhall Road woman called the police who went to the Post Road home to investigate and found that the nanny was employed there. The children were fine. Police went back to the home later that night to speak with the children’s parents and explain the incident.

A Scarsdale woman called police at 8 pm on June 14 to report that she just witnessed a drug deal in Davis Park. Police found two men seated on a bench in the park smoking and talking. They did not see any evidence of criminal activity.

Police were called to a Park Road home at 11:40 pm on 6/19 to help the housekeeper clear the house of unwanted kids who had stopped by while on a scavenger hunt.

A truck was draining fluid into a catch basin at Garth Road and Freightway on June 15 at 7:20 am. Police arrived and found Dean Mucklebust of Earth Repair draining fire hydrant water from his truck into a village sewer. He was told that he needed a permit to use village hydrants and sewers and was given a warning by the Village Highway Department.

A disoriented Bell Road resident who suffers from dementia needed assistance on June 16 at 8:30 am. Police helped the woman’s caretaker to take the woman home.

George Betterton of Mount Vernon got impatient waiting for a Post Road bus to bring him home and decided to hitchhike instead. Police observed him and gave Betterton a summons for hitchhiking on the afternoon of June 16.

A 10 year-old Elm Road boy called the police on the afternoon of 6/18 when he returned home from school and found the house empty. Police attempted to contact friends and relatives but could not reach anyone. While they were making calls the boy’s mother returned.

Noise: Police received several reports of loud music coming from Fenway Golf Club on Friday night June 18th. When they went to investigate at 11 pm, the music did not seem to be too loud and were assured that the festivities were over.

Richbell Road neighbors continued to spar on 6/14 about loud music that one plays when she is outside painting and swimming. In response the woman agreed to lower the volume.

Police received a report of a loud party at Lebanon Road shortly after midnight on 6/18. The homeowner said she was having a party for her 23-year-old daughter’s birthday and had the group move inside to reduce the noise.

At 9 pm on Saturday night June 19 a large group of noisy kids were gathered on Bell Road. When police arrived, they left the area.

There was another loud party on Wayside Lane. The residents agreed to turn down the music went police went by at 10:40 pm on 6/19.

On Saturday night 6/19 a Dobbs Terrace dog was barking continuously. The barking was disturbing neighbors who called police to mediate. They could not locate the dog’s owner. While they were there, the dog’s owner returned and she was given a summons for unnecessary noise.

Greenburgh Police Report:
Thefts: A Bronx woman was arrested for stealing merchandise from Rojay Party Store on June 14th. The 28 year-old woman was observed concealing merchandise in her purse by a store employee. She left the store without paying for the goods and the store manager stopped her at the exit where she demanded that the woman hand over the stolen items. The suspect gave the bag with the merchandise to the manager and left the store and attempted unsuccessfully to get into several cars. She then started to walk south on Central Avenue. Store personnel called the Greenburgh Police who found a woman fitting the description driving a Nissan Maxima on Central Avenue. When she saw the police, she tried to turn down a one-way street where police stopped her. The store manager gave a positive id and she was brought to police headquarters where she was booked, processed and released on bail. Her car was towed and impounded.

An employee of Best Buy, Anton Foster of the Bronx, used a Scarsdale man’s credit card number to purchase a 46 inch Samsung television, valued at $1,342.18 on 6/17. Another employee saw Foster put the stolen TV in his sister’s car. The store manager confronted Foster a few days later, and Foster admitted that he stole the television. He was placed under arrest and taken to the Greenburgh Police where he was booked, processed and released.

Jonathan Kho, age 17, of Westminster Road, Scarsdale had his skateboard stolen when he left it outside a Central Avenue store on 6/20. He went inside to make some purchases and when he came out he saw a black male pick up his skateboard, get into a car and drive down Central Avenue.

Car Break-ins: A purse was stolen from a 2001 Toyota Highlander parked in a Central Avenue parking lot on the evening of 6/15. The owner of the car left her purse in the vehicle while she went to the gym. When she returned to the car an hour later she found the passenger side window of the car had been broken. Missing was her purse, that contained credit cars, id cards and $290 in cash.

On Thursday 6/17 a 2010 Honda Civic parked at 825 South Central Avenue was vandalized. The driver’s side window was broken and the vandals stole the GPS device and it’s bracket from the car.

On the afternoon of June 17, the rear passenger window and the rear driver’s side window of a 1997 Subaru Impreza were shattered while it was parked on Central Park Avenue.

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