Sunday, Jul 07th

Conkling3As Deputy Mayor Justin Arest said at Donna Conkling’s last Village Board meeting on November 23, “she might be unreplaceable.” Conkling, who has been the glue that held together Village Hall for the last 20 years, retired this week. In Conkling’s own words, “the Village Clerk’s office has the privilege of being the front desk of Scarsdale Village Hall,” and due to her position she got to know so many residents on a personal level.

Beyond handling taxi and parking permits, dog licenses, birth, marriage and death certificates, Conkling had the pivotal job of managing all elections in accordance with NYS law. At times it wasn’t easy. During contentious elections she found herself monitoring poll watchers, measuring the setbacks from the polling place for solicitors navigating complex regulations, the transition to automated voting machines and an ever changing roster of election sites. It could not have been easy but she rarely exhibited even the slightest hint of frustration.

She attended 20 years of Village Board meetings where she was responsible for recording the proceedings and publishing the minutes. That’s a lot of late nights. She served eleven mayors, hundreds of trustees and swore in police officers, firefighters and 165 volunteers on boards and councils – every year!

Yet Conkling took it all in stride and seemed to enjoy it too. In a video about her job on the Village website Conkling said, “Being able to make a small difference is professionally and personally fulfilling.”

At her last Village Board meeting Conkling received long overdue thanks for her years and years of service.

Mayor Jane Veron said, “Anyone who has met Donna knows that she is beyond compare. Always calm and steady, Donna is the behind the scenes engine that keeps Scarsdale running each and every day…. Donna fulfills all of her duties with grace and smarts. She is a font of information, understanding every nuance and detail of our Village, and she makes sure nothing falls through the cracks. Donna knows more than you could possibly imagine about Scarsdale Village, and she has been the constant through the ups and downs of Village life.” … “You are exceedingly capable, warm and wise. You are understated in your countenance and yet overachieving in your results…. you have devoted your heart and soul to your job. You have that magic touch, and we have been blessed by your presence.”

Randy Whitestone explained that he got to know Conkling during his many years of purchasing parking permits. He said, “She does her job efficiently and well… She has run elections flawlessly.” Turning to Conkling he said, “You represent what’s best in Village Government.”

Lena Crandall said, “Donna I am going to miss you.” Referring to an incident in 2016 regarding the filing of candidate nominee petitions, Crandall said, “If only I had listened more closely to the advice you gave me when I ran the CNC….Thank you for your many years of service to Scarsdale.”

Jonathan Lewis called Conkling, “Efficient, fact based and prepared.” He said, “We need more people like you in public service.”

Karen Brew said, “You have been a consistent force within Scarsdale for 20 years and we are the better for it….It’s always done with a smile. Thank you for so many years of exceptional service to the community.”

Samir Ahuja agreed. He said, “Your impact is felt across Scarsdale. We will carry your legacy forward. Thank you for two decades of service.

Justin Arest joked, “I am going through the stages of grief. I didn’t want to believe it at first – I think I may be at acceptance now. You are possibly unreplaceable.” He recounted a meeting he had with Conkling not long ago regarding the Village’s parking permit system. She suddenly remembered an elderly couple who always purchased a permit who she had not heard from this year. She made a note to reach out to them to make sure they were okay, saying, “There are so many wonderful people that live in this Village.”

Village Manager Rob Cole read Conkling’s lengthy job description and called her a “consummate professional.” He said, “Her accomplishments are too many to list.”

Resident Dara Gruenberg waited until late at night to comment. She said, “I have had the pleasure of working with Donna Conkling for the last several years in various capacities. She is warm, patient, so generous with her time, and always helpful. I don’t think I fully comprehended how much territory the role of the clerk covers or how much responsibility Donna has until I interviewed her for the Advisory Council on Communications video series “Village Voices”. If you aren’t sure what the duties of the clerk are, watch the video. You will be blown away. Donna has her hands in everything that goes on in the Village. As an aside, Donna did the entire script from memory in just one take! It was extraordinary! Donna, I will miss our chats and miss seeing your smiling face — now smiling eyes —when I walk into Village Hall. I wish you all good things in your next chapter, particularly spending time with your beloved and accomplished daughter (and your husband too!) Thank you for your selfless dedication to our community. You are one of a kind, and I feel so fortunate to have had the privilege to work with you. You represent the best of what the Village has to offer its residents.

Madelaine Eppenstein thanked Conkling “for her commitment and service above and beyond.” She said, “Congratulations on your retirement – it is a new beginning."

Mayra Kirkendall Rodriguez said, “I will miss you.”

Choking back tears Conkling had the last word. She said, “How can I possibly sum up these past 20 years which have abolutely flown by? I have served 11 mayors and 38 trustees, attended at least 500 Village Board meetings and written just shy of 11,000 pages of Village Board meeting minutes (sometime to me it seems like it should be more than that.)

...The decision to retire was very difficult. I spent many hours struggling with the concept of retirement and leaving a job that I loved.

….There are so many people to thank – my colleagues in Village Hall -- we have always been like family and have always worked together as a team to strive to provide the best service to the residents of this Village, a huge thank you to the mayor and trustees who give so much of their time and energy, working tirelessly to keep Scarsdale the outstanding and unique community it is. And of course, my deepest thanks to the residents of Scarsdale, many of whom I will miss tremendously.

Finally, I want to thank all of you for putting your faith and trust in me to serve as your Village Clerk for so many years. My heart is full this evening of so many memories--I will never forget any of you; thank you for allowing me to be part of your lives as you have been part of mine. It has been and honor and a privilege."

With that, there was a standing ovation and a long round of heartfelt applause for a woman who was a friend to all in Scarsdale.

GreenburghTaskForceAs Scarsdale weighs their policy on permitting the sale of cannabis in the Village, the Greenburgh Police issued the following report on November 15, 2021:

On Thursday November 11, 2021 members of the Greenburgh Drug and Alcohol Task Force and Greenburgh Street Crime Unit conducted an investigation into underage sale of tobacco products and concentrated cannabis. As a result of the investigation the owner of Hartsdale Tobacco located at 205 E Hartsdale Ave, Muhemmed Abisse 10/20/1992, was issued a desk appearance ticket ticket for selling concentrated cannabis and tobacco products to a minor. Additionally, Rylee-Ann Domogma 11/23/01 an employee at the Smoke Shop located at 260 Saw Mill River Rd in Elmsford was issued a desk appearance ticket for selling tobacco to a minor. Both parties are due to return to Greenburgh Town Court on December 17, 2021 for arraignment.Hookah2

Any questions with respect to this Investigation should be directed to the Commanding Officer of the Greenburgh Drug and Alcohol Task Force, Sgt. Sean Hagan at 914-989-1725.

41Hampton11 3 21In spite of a leading architectural historian’s finding that a 1920’s Tudor home designed by W. Stanwood Phillips warranted preservation under Scarsdale’s current code, the home has been all but demolished.

An application to raze the house at 41 Hampton Road was considered at the June 29 and July 27, 2021 meetings of the Committee of Historic Preservation. After the June meeting, the Committee for Historic Preservation sought the opinion of architectural historian Andrew Dolkart who found that the home warranted preservation.

In his opinion he noted:

"The most talented architects working in revival styles, especially medieval-inspired styles, often provided details that give a sense that the house was centuries old and has either weathered over time or been built with primitive technologies.” He says, 41 Hampton Road exhibits this in “the irregular texture of the heavy roof slates, in the carefully grooved woodwork that Phillips specifically noted on his elevation drawings, in the turned and squared, medievalizing balusters, in the stylized detail of the spandrels, keystone and lintel of the entrance arch, in the gable overhangs with drip pendants etc.”

He also observes that the house has retained its architectural integrity to a very high degree in that “the windows, slate roofing, woodwork, brickwork, and other elements of the building all appear to be original.”

His criteria to rule that the house warranted preservation were as follows:

1. The home is the work of a master as it was designed by architect by W. Stanwood Phillips, a noted architect who was “closely involved with creating the character of the Village.

2. The home is the “quintessential Scarsdale home,” and part of the “broad pattern of Scarsdale history."

3. The home embodies the “distinctive characteristics of an English Tudor Revival style house" and uses the style “in an extremely creative manner to create a fine example of the middle-class suburban architecture that distinguishes Scarsdale.

Due to the fact that two members of the committee were not present at the July 27 meeting, Chair Adam Lindenbaum held over a decision until the full committee could be in attendance the following month. The application was again adjourned at the committees next meeting on September 28. (There was no meeting in 41HamptonDemolitionThe BAR granted approval to demolish 50% of the house.August.)

However, the applicants didn’t wait for a ruling by the Committee for Historic Preservation before applying to the Board of Architectural Review to demolish a good part of the house. On August 23, then owner Stewart Hung won approval for what was called a “front addition” to the house. The documents show that the BAR approved demolition of 50% of the structure and removal of “stucco beams and brick,” the distinctive features listed in historian Dolkart’s memo. The Board of Architectural Review approved plans by architect Miguel Sostre to build a 9,500 foot square house that bears no resemblance to the original historic structure.

This week, Brite Avenue Development, owned by Eilon Amidor, demolished a good part of the house, the entry, the windows, the brickwork and more. Brite Avenue Development is now listed as the owner of the house.

Why the Board of Architectural Review (BAR) considered and approved the demolition while the application for preservation was still pending before the Committee for Historic Preservation and likely to be found to warrant preservation is not clear. Oddly, the application to the Committee for Historic Preservation to demolish the house continues to appear on monthly agendas and was marked “Adjourned” on September 28 and October 26, 2021.

On November 4, the Committee for Historic Preservation released the agenda for their November 30, 2021 meeting and the applicant is now applying to "Demolish the remaining 59% of house with garage built in 1930."

In granting the developer permission to demolish 50% of the historic home, did the Board of Architectural Review consider preservation of the homes historic elements, its façade, grand entry and the elements Dolkart listed in his memo? Did anyone from the Board of Architectural Review speak to committee members on the Committee for Historic Preservation?

41HamptonBefore

Demolition

 

 

 

 

 

 

 

(Before and after: According to the CHP they only took down 41% of the original house.)

From the property record it appears that the Building Department was well aware of the developer’s plans as it granted approval to remove 14 trees on September 8, 2021 and approved a “front addition, new circular driveway and stormwater management system” on October 16, 2021.

41HamptonNew ElevationThe BAR approved construction of a 9,500 square foot house. The shaded portion on the right is the remains of the existing structure.

It would be good to have a better understanding of what occurred. Can simultaneous applications be filed before both committees? Does the Village need to revise their procedures for applying to the Committee for Historic Preservation and the Board of Architectural Review? What does it mean to preserve a historic home? Does the façade need to be saved? What about the architectural details?

We have emailed our questions to Frank Diodati who heads the Building Department, the Chair of the Board of Architectural Review, members of the CHP, the Village Manager and the Mayor and received no response.

Dr.GilbertJustin Arest with Dr. Holly GilbertThree local doctors vaccinated over 200 children, ages 5-11 on Sunday November 7, 2021. Dr Holly Gilbert, a Primary Care and Infectious Disease doctor in Scarsdale, Dr Debbie Horn, a pediatrician in Scarsdale and a Dobbs Ferry pediatrician, held a drive thru vaccination clinic in Dobbs Ferry from 9-4. While the children were vaccinated, excited parents documented the momentous occasion with pictures.

Parents and Sarah Mayer, Gilberts 12 year-old daughter helped out and Scarsdale’s Deputy Mayor Justin Arest and Dobbs Ferry Mayor Vincent Rossillo came to lend their support.

arestDeputy Scarsdale Mayor Justin Arest, Dobbs Ferry Mayor Vincent Rossillo and Sarah Mayer

 cannibiscafe Cannibis CafeWill the streets and parks of Scarsdale soon smell like we have been skunked? Now that the use of marijuana is legal in New York State, should Scarsdale permit marijuana dispensaries and smoking lounges to open in the Village? That was the topic of a work session of the Scarsdale Board of Trustees on Tuesday October 26, 2021.

Under the new state Marijuana Regulation and Taxation Act (MRTA), the Village has until December 31, 2021 to decide. If they fail act or opt out, dispensaries and lounges will be permitted and the decision cannot be reversed. If they opt out for now, they can choose to opt in at a later date.

Much is still up in the air because the state is creating an Office of Cannabis Management governed by a Cannabis Control Board. However, to date, only a few people have been appointed to the Board and no regulations have been developed.

In order to listen to the facts and gather public information, the Scarsdale Board of Trustees held a work session led by Village Trustee Karen Brew.

Village Attorney Daniel Pozin explained that local governments can pass laws regarding the time, place and manner of dispensaries and lounges. But these laws would also regulate the use of tobacco. So if the trustees decide to ban the use of marijuana in public areas, then smoking tobacco will also be banned.

Anticipating that marijuana dispensaries and lounges might cause smokey streets, the Village has drafted proposed code to restrict smoking at all Village owned properties. This new code can be passed independent of the Village's decision on cannabis.

Specifically, smoking (anything) would be banned in the following places:

(1) Smoking within any building or structure, including any main entrance to such facilities, owned, and controlled by the Village of Scarsdale.

(2) Smoking anywhere within the confines of the Village of Scarsdale Swimming Pool Complex or on any playfield, playground, park, or parking lot owned or operated by the Village of Scarsdale.

(3) Smoking within any vehicle owned by the Village of Scarsdale.

(4) Smoking upon any street or sidewalk owned by the Village of Scarsdale and located within the Village Center Area District as defined in section 310-12 of this Code, or upon any street or sidewalk owned by the Village of Scarsdale and located within the Village’s Business A, Business C, and Buffer Parking zones.

B. Smoking indoors in the Village of Scarsdale shall be governed by the Article 13-E of the New York State Public Health Law, which is also known as the Clean Indoor Air.

Pozin explained that local authorities can decide whether they want dispensaries and consumption lounges in their community. They can adopt a local law to opt out. However, if they don’t do it before December 31, 2021, they can never opt out. If they do opt-out they can opt in at a later date.

The cost of opting out is the loss of 3% of the retail tax on marijuana sales. Under the new law, the county will collect the 4% tax, they will keep 25% and give 75% to the local municipality. Discussing potential revenues from dispensaries and lounges Assistant Village Manager Ingrid Richards presented numbers that showed that the average revenue per store was $6 million. She projected that if Scarsdale opted in, the village could receive $200,000-$500,000 in additional annual revenues. However, later at the meeting Anne Hintermeister challenged those projections saying they were based on sales in vacation communities in the Berkshires that bordered NYS and major highways. She believes that revenues would be far lower.

Assistant Village Manager Ingrid Richards surveyed all communities in Westchester County to see where they stand on the decision. She found that:

-7% will opt out of both dispensaries and lounges
-42% had made no decision
-42% will opt out of on-site consumption and dispensaries
-9% will opt of on-site consumption only, thus allowing dispensaries

Two of Scarsdale’s closest neighbors, White Plains and New Rochelle have decided not to opt out. Therefore there will presumably be dispensaries and smoking lounges in our closest neighboring towns, making marijuana easily accessible for Scarsdale residents, even if we do opt out. In this case residents could purchase cannabis but Scarsdale would not benefit from the revenue.

Richards also pointed out that those towns who make no decision, which is 42% of the list as of now, are essentially opting in.

Village Planner Greg Cutler showed a map where dispensaries and lounges could potentially be located. They would not be permitted near schools, religious institutions or childcare centers, but could be sited on Garth Road, Scarsdale Avenue, Christie Place, Spencer Place, Boniface Circle, East Parkway, and in the Golden Horseshoe Shopping Center.

dispensarylocation1

Cutler does not know what the impact of the presence of a dispensary would be on sales at other retail shops nearby.

Joshua Glantz of Claremont Road spoke in favor of allowing dispensaries and lounger in the Village. He claimed that research shows that in states with legal cannabis use, teen consumption declined. Why? Because it decreases the sale of illicit drugs. He also said that accessing cannabis at a legal location is more difficult than accessing alcohol. According to Glantz, there are limits on the amount of cannabis that you can purchase. In areas where cannabis is legalized, it has led to an increase in parental awareness and discussion with their children.

Furthermore, the National Association of Realtors found that that there is an increase in demand for commercial properties in areas where cannabis is legal.

However, representatives from Scarsdale’s Drug and Alcohol Taskforce strongly objected to the sale and use of cannabis in the Village of Scarsdale.

Speaking for the Drug and Alcohol Task Force, Coalition Coordinator Lisa Tomeny stated that the age of first use is a critical risk factor for later adult use. She said, “As a community we can affect our attitude and the availability of the product. We do have a say about the location of dispensaries. The higher the density of the outlets, the more severe the impact.”

Discussing the content of marijuana that is sold, she pointed out that there is no regulation of the concentration of THC and that it has been growing over time to make more potent products. In addition, sellers market to children and teens by packaging marijuana to imitate cereal boxes with names like Cap’n Munch, Chronic Toast Crunch and Frosty Loopys. Sometimes these products are consumed by mistake by young children.

She concluded with a warning. “Scarsdale will have no regulation of the products that are sold. We are being asked to make a decision now when we don’t have clear rules from the state. It could be a very costly mistake.”

Also for opting out was Linda Richter of Mt. Joy Avenue who works for a non-profit that monitors research on youth substance abuse, policy and prevention.

In response to the comments from Joshua Glantz, she said, “I would push back on the contention that legalization allows parents to discuss this more with kids. This is not true. The perceived approval makes it worse…. It will be more available. The two main things that drive kids usage is accessibility and exposure. Allowing the dispensaries sends a message that it is okay to use.”

Kaitlin Higgins, a student at SHS said, “There is already an issue of usage on school grounds during school hours. … Vaping used to set off fire alarms -- this affects everyone in school. Vaping is a gateway to harder drugs. Having more dispensaries will make it easier for kids to get their hands on it. The Golden Horseshoe and Chase Park are places where kids hang out – the dispensaries would be too close to that location. There is no harm in opting out. It is not an accident that 50% of communities have opted out.”

Karen Brew read a statement from Trustee Lena Crandall who studied the issue but was not at the meeting. She said, “In my opinion we should opt out of lounges because we live in a community where most people travel by car and I worry about driving under the influence. However I have changed my mind about dispensaries. Our retail community will benefit, we will get additional revenue, we can regulate the sale and it will be convenient for local residents.”

The Mayor then invited public comments.

Marian Green spoke first as the Chair of the Council on People with Disabilities. She said her committee was focused on the medicinal value of cannabis and said, “It would be helpful to some.”

Mitch Kulick of 8 Park Road said he is an attorney who represents cannabis sellers. He said, “New Rochelle is opting in. Does Scarsdale want to benefit from having it in Scarsdale? Maybe we can’t opt in later –the state issues limited licenses. There is a real possibility that this is a one-time thing – it is a bit of a red herring.”

Kulick added, “I was just at an opening. The shop in Hartsdale is not what a dispensary looks like at all. The windows are opaque. It looks like an Apple store.”

Anne Hintermeister said, “We based our revenue estimates on sales and resort towns in the Berkshires at a time when there were no places to purchase in surrounding towns…. Lee, Lenox, Stockbridge… Before we jump to the conclusion that we could expect to receive these revenues we need to sharpen our pencils. We don’t have college students, tourists, billboards, an interstate passing through etc. Look at sales from an average dispensary in an average community.”

Richter said, “Marijuana disorder is the primary reason teens enter into addiction programs. Parents feel abandoned when the government allows the sale of marijuana. It makes it very difficult to enforce rules. This would be a big burden on parents.”

Marian Green, speaking as a resident said, “People are mail ordering marijuana, you can have a courier bring it or get it via Fedex.”

Wendy Gendel of 100 Brookby Road said, “I ask the trustees and mayor to please consider opting out. At this point we don’t have the necessary information. More research needs to be done.

Discussing projected revenues, Lisa Tomeny said, “In Colorado it’s $3 million per dispensary. It would generate $90,000 for the Village of Scarsdale.

Madelaine Eppenstein of 18 Autenreith Road said, “We have a lot of information and research. I applaud the DATF and the teenager who spoke tonight. There will be an impact – no doubt about it. We will change the complexion of Scarsdale in a way we might not be happy about.”

Dr. Darlene LeFrancois-Haber said, “I agree that legalization means normalization. Marijuana is good for neuropathic pain but recreational use is for people to get high. We don’t want to make it easier for our young people to get a hold of this. I vote to opt out for now.”

Following the discussion and a review of the proposed change to smoking code, the trustees voted to hold a public hearing on the cannabis law at the next meeting of the Village Board of Trustees on November 9, 2021.

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