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Written by Joanne Wallenstein

Published: 12 March 2014

Created: 12 March 2014

Last Updated: 12 March 2014

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Development of a six-lot subdivision on Cushman and Garden Roads will proceed, despite objections from a Willow Road resident who lives "downstream" from the property and fears that runoff from the development will endanger his property. A decision by the Scarsdale Planning Board to allow the KOS Building Group to move forward with the project was challenged by Robert Falk of 3 Willow Lane who brought an Article 78 proceeding to NYS Supreme Court objecting to the Planning Board's negative SEQRA declaration, which is a determination that the project would not have significant adverse environmental impacts.

Since both Falk's home and the proposed development sit in a designated sensitive drainage area, his attorney argued that runoff from the property would raise the water level in the stream that runs through his property to dangerous levels.

To receive approval from the Planning Board, KOS Building Group was required to submit a Storm water Pollution Prevention Plan (SWPPP) outlining their plans to install underground infiltration and retention tanks to capture storm water runoff. Experts retained by KOS contend that with the new system, storm water runoff volumes will be lower than at present. However Falk and his experts disputed these findings and took issue with the deep pit tests that were conducted to determine the seasonal high water level. They believed that forensic soil analysis should have been done to indicate the true seasonal high groundwater level and also argued that the testing was done during a relatively dry year and therefore the results were not representative of a typical wet season.

Both the Planning Board and KOS responded to Falk's objections saying, among other things, that his house is 300' away from the property and is separated from it by a street and another property. They claim that his allegations that his property will flood are speculative. The Planning Board contended that they followed all required steps in making their determination; holding four public meetings and hiring outside consultants and therefore met regulations for storm water infiltration and retention systems.

The court ruled that Falk did have "established standing" to bring the proceeding and demonstrated that he was at risk. However they found that there was a rational basis for the Planning Board's negative SEQRA declaration and that the determination was not "arbitrary or capricious." They denied the Article 78 petition.

Commenting on the decision, Falk stated: "I am very disappointed by the Court's Decision. This subdivision lies right in the heart of a sensitive drainage area. The runoff and flooding in this area is a serious problem. I am not opposed to development of this site; however, I sought assurances that the increase in storm water runoff from the new homes would be adequately managed. Any uncontrolled runoff from this site would end up in the stream in my backyard. My professional consultants submitted detailed reports to the Planning Board, explaining their technical concerns about the design of the Applicant's storm water system. My main concern was whether the Applicant accurately measured the seasonal high groundwater level. We think the Planning Board approved the project without having this key data. In particular, we think that the Board erred in failing to order the same kind of groundwater tests that were used in reviewing the storm water systems for two prior subdivision plans for this property. These plans were abandoned after the new tests revealed that the groundwater levels were materially higher than represented by the project engineer based on standard deep hole testing procedures."

Brad T. Schwartz, of Zarin and Steinmetz, who represented Falk said, "This Decision reaffirms that the legal standard for upholding municipal land use decisions is low. The Court determined that Mr. Falk did not meet the extremely high standard of proof required to show that the Planning Board acted arbitrarily and capriciously. Mr. Falk does not plan to appeal. "

Mr. Falk continued, "The Court did not say that the Planning Board did a good job in reviewing this application, or that it acted prudently under the circumstances. The Court only found that the Board satisfied the rationality test – an extremely low bar. Apparently, the Village believes that development trumps prudent storm water management, and because of the almost impossibly high standard of proof required to successfully challenge the actions of a municipal board, residents really have no practical recourse."

However, Joshua E. Kimerling of Cuddy and Feder who represented KOS Builders said, "We are pleased with the decision of the court as it is supported by the facts in the record for the subdivision and the meaningful review by the Planning Board in issuing the approval for the subdivision. We look forward to proceeding with the project."

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Written by Joanne Wallenstein

Published: 20 March 2014

Created: 20 March 2014

Last Updated: 20 March 2014

Hits: 11997

In what is fast becoming a tradition, the delicious aroma of chili permeated the air at Hitchcock Presbyterian Church on Greenacres Avenue on Sunday, March 9, as the Deacons held their 4th Annual Chili Cook-Off. This year's event attracted 10 chilimeisters. Their impressive recipes and unique creations, ranging from beef, pork, chicken, turkey, vegetarian, chipotle, mesquite, spicy, sweet, white, black, red kidney beans and chick peas .... to name just a few, gave the judges, Paul Lee, Christine McMurray and Jensina Olsen, quite a tough time in selecting this year's winners. After much deliberation here's who took the top prizes:

1st Place Ray Bailey, Jr. & Sr.

2nd Place Barbara & John Huddock

3rd Place Tom Veres

Crowd favorite Beverly Thornhill

Organized annually by Tom Veres and the Deacons, Veres said that the Chili Cook Off represents "food, family and fellowship" in a fun a festive way. The event started with 8 chilimeisters three years ago and has soared in popularity over the years. Especially noteworthy is how many children enjoy the event, tasting the variety of chili creations that are offered following service that day. Veres added that many of the chilimeisters who have children in Hitchcock's Youth Forum also donate several gallons of chili which are in turn sold by the youth as a fundraiser every September. Ray Bailey, Jr. is a member of the Scarsdale Fire Department, who also won top honors two years ago.

Here's the winning recipe for Paleo Crockpot Chili

Paleo Crockpot Chili

Ingredients

2 lbs. of ground beef
1 onion, diced
3 cloves of garlic, minced
1 red and 1 green bell pepper, both diced
1 cup of carrots, finely diced
1 cup of celery, diced
1 jalapeno, minced
(1) 28-ounce can of crushed or stewed tomatoes
(1) 14-ounce can of diced tomatoes
(1) 15-ounce can of tomato sauce

Spices

3 tbs. of chili powder
1 tbs. of oregano
1 tbs. of basil
2 tsp. of cumin
1 tsp. of salt
1 tsp. pepper
1 tsp. onion powder
1/2 tsp. of cayenne

Garnish

About 4 pieces of bacon, fried and crumbled
1 or 2 avocados, diced

Instructions

Saute onions and garlic together in a large saucepan over medium heat
Add ground beef to the saucepan, and brown
Drain excess fat
Transfer the cooked onions, garlic and meat to your crockpot
Add all vegetables and spices (except garnish ingredients) to the crockpot
Give it all a good stir
Set crockpot to low and allow to slow cook for about 6 hours
Spoon into individual bowls
Garnish with crumbled bacon and avocado slices
Serve hot and enjoy!

For more information, contact Tom Veres at tomthefoodguy@yahoo.com. Photo Credit: Nobuhiko Tsuyuki

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Written by Joanne Wallenstein

Published: 06 March 2014

Created: 06 March 2014

Last Updated: 06 March 2014

Hits: 10796

Though the snow is still piled high outside, Pookie & Sebastian has just opened in the Village with some great looks for spring. The spacious new store, the seventh in the chain, extends from East Parkway to Harwood Court and has been artfully designed to display their very appealing line of clothing, bags, shoes, jewelry and accessories. From what they have in stock, it looks like we'll be wearing lots of white this summer – and perhaps some orange and navy too. There are sheer tunic tops – reasonably priced at $78, which can be paired with colorful jeans and jean shorts. Also on display are long, flowing maxi dresses, lace crop tops, and crochet cover-ups. They can outfit you from head to toe with a straw hat, platform sandals and wonderful accessories from their large selection of beads, chains and pendants. This store is going to be fun for both moms and their daughters. Stop by and tell them Scarsdale10583 sent you!
Pookie & Sebastian
34 East Parkway
Scarsdale, NY 10583
(914) 713-4396
Open 7 days a week from 10 am to 7 pm

Around the corner there's more in store at the newly-opened Green with Envy in two storefronts at 6-8 Harwood Court. They've got display cases filled with jewelry, as well as scarves and bags for you or to give as a gift.

The jewelry starts with a fashion forward collection of bracelets, necklaces and earrings and extends to designer lines with semi-precious stones. There are 1950's Swarovski crystals, diamonds So whether you're looking for a $25 gift or a $10,000 indulgence, you'll find it in their collection. On the other side of the store I spotted some wonderful spring leather totes, cashmere wraps in pastel colors plus crinkly scarves ($18 -$40)

Green With Envy
6-8 Harwood Court
Scarsdale, NY 10583
914-725-9700

Meanwhile – it looks like Cosmetic Boutique around the corner on Spencer Place did not get off to a good start. The store is closed and a sign says they have temporarily shut their doors due to a problem with the furnace. Will keep you posted on this one!