Builders Exploit Loophole to Maximize Home Size

Are architects and builders using gravel driveways to increase lot coverage in Scarsdale? From a study commissioned by Scarsdale Village, it appears the answer is yes. An analysis of building applications in 2013-2014 shows that though only 10% of existing homes in Scarsdale have gravel driveways, 24.4% of new applications call for the use of gravel surfacing to maximize lot coverage. Since Village Code now treats gravel pervious for zoning purposes, applicants use gravel rather than impervious asphalt surfaces to allow for increased lot coverage and bigger homes. Furthermore, an inconsistency in current village code treats gravel as impermeable for storm water purposes, while defining it as permeable in the zoning code.

The March report finds that "An investigation of recent applications indicates that most building coverages in these applications range from 76% to 96% of the maximum allowable, and gravel surfacing is used to increase proposed lot area coverage from 100% to 140% of the maximum allowable." (Meaning lot coverage would be 140% if the gravel was considered as impervious.)

She said, "Lot coverage has expanded over time and has expanded beyond what was envisioned in the original code. This has a direct effect on community character, and reduces green space. As you walk down the street there is a perception that the amount of pavement and non-natural material is becoming larger and larger."

The consultant discussed a report that showed that most other local communities consider all driveways impervious, whether they are gravel or asphalt.

The Scarsdale Board of Trustees sought to address expanding lot coverage by passing a moratorium on building applications that use gravel surfaces to maximize lot coverage. The moratorium went into effect in February 2015 and was recently extended until October 2015 to give the BOT time to study the issue.

At a July 21 meeting of the Law and Land Use Committee of the Board of Trustees, the consultant, the village planner and the board discussed whether or not to move forward with passing a resolution to make the moratorium a permanent part of village code. The Planning Board held two work sessions and a public hearing on the proposed code change.

They discussed the fact that if the new law is passed, some existing homes with gravel driveways would no longer conform to Village Code. However, the consultants estimated that at most 25% of homes with gravel driveways would become non-conforming and could be grandfathered.

In a discussion about the proposed change, architect Bana Choura said, "There will be side effects in design. On wetlands there will be no room for driveways. It would be impossible to have a long driveway leading to a garage on the side and it would be difficult to have a "decent size" house.

Dan Steinberg from the Planning Board said, " Bana's comment reflects the knowledge that architects and developers have of this loophole that allows for larger houses. There is knowledge that we have this provision that we can exploit.
Her comment highlights the fact that we have this loophole."

The consultant said, "It's a balancing act. It will take architects and builders time to get used to it. It may mean that swimming pools get smaller – or it may mean that houses get smaller to accommodate outside features such as pools or tennis courts. One can always go back and increase and decrease."

Following the discussion, the committee voted unanimously to move it forward to schedule a public hearing on the proposed change.