Can the Village of Ardsley Secede from the Town of Greenbrugh?

Various Ardsley group postings on Facebook (created by Mark Zuckerberg,

a Dobbs Ferry resident whose family lived in the Ardsley School District)

are asking questions such as:

Can Ardsley leave the Town of Greenburgh?

The answer is essentially no.

New York State's government structures have developed over the past four centuries. Everyone knows in 2016 they are antiquated. But modernizing them is exceedingly hard. Under New York State law, every village must be located within a Town.

Village residents actually live in three local municipalities - Village, Town and County. State residents who don't live in towns or villages live in cities. (We also have Indian reservations in New York State). There are a few coterminous town/villages such as Scarsdale, Harrison and Mount Kisco. Scarsdale was originally a town but in order to fend off an attempt by the City of White Plains to annex a portion of it, Scarsdale became a village. Village borders cannot be changed unless the residents who live there give their consent. But, as is true in the case of Scarsdale, its town/village borders do not match up with its school district boundaries. To further illustrate the Byzantine nature of local government in New York State, nine villages are located in more than one county, and sixty five are in more than one town.

In 1998, a tree fell in a special park district in the Edgemont section of Greenburgh near Central Avenue and killed a man and paralyzed his wife. Because the Town of Greenburgh was woefully under insured, the multimillion dollar settlement of the lawsuit required taxpayers to pay the damages.

But which taxpayers?

When the Town sought to charge the villages (Ardsley, Hastings, Irvington, Tarrytown, Elmsford and Dobbs Ferry) for costs of the settlement which exceeded the available insurance, the Villages began to speak openly of secession. As reported by The New York Times:

"The immediate trigger was a dispute over whether the villages -- Ardsley, Dobbs Ferry, Elmsford, Hastings-on-Hudson, Irvington and Tarrytown -- should help bankroll a $9 million settlement with a Yonkers woman paralyzed and widowed when a tree fell onto her car on Central Park Avenue in June 1998.

The tree fell to the road from a park in the unincorporated portion of Greenburgh. The villages, which pay for parks of their own, have argued that they should not have to contribute any cash to the settlement."

However the grievances that gave rise to that secession proposal were forgotten, the politicians favoring it left office or on further investigation it was discovered that creating a new town was too cumbersome and not worth doing. Hopefully the Town learned its lesson about the need for adequate insurance (for example at the time, the Village of Ardsley, 1/10th the population size of unincorporated Greenburgh, had 11 million dollars in coverage while the Town had about 3 million - not much more than many homeowners carry!)

How did this happen?

The key difference between town government and village government is that villages are managed day to day by professional Village Managers who are the equivalent of Chief Executive Officers. They do not spend their time issuing daily press releases or raising money. Instead, they focus on the day to day nuts and bolts of governing a municipality. That is why, for example, Ardsley was able to secure federal grants to create a new and transformational concrete sidewalk along Heatherdell Road - through the sustained efforts of its then Village Manager George Calvi with the support and leadership of the Ardsley Board of Trustees (including Mayors Leon and Porcino who both started as trustees) over a nearly ten year period.

Village Boards also tend to be populated by individuals who have a greater variety of experience in business, engineering and law which leads to better decision making. Finally, Village Board members are not career politicians. They have usually served on a number of local boards (zoning, planning, school, architectural review, etc.) as an apprenticeship before they become Trustees. There is no "Town Manager" in Greenburgh.

Now in 2016, the feeling of village solidarity from the mid-1990s that arose from the "tree case” is somewhat gone - Ardsley sued Dobbs Ferry over Rivertowns Square (and rightfully so). There are calls for Ardsleyans to boycott Rivertowns Square. Hastings approved The Lofts on Saw Mill River Road in a seemingly middle of the night manner that has upset many Ardsley and Greenburgh residents.

The last village in Westchester to actually secede from a town appears to have been Rye in 1942. Rye actually became a city (which requires the permission of the State legislature in Albany) because its residents no longer wanted to pay the welfare costs for neighboring areas in the Town of Rye like Port Chester. Even given our dysfunctional New York State legislature, that reason would not past muster today. However, do not look for any new municipalities to be formed anytime soon as under Governor Andrew Cuomo, legislation was passed to push for municipal consolidation which disfavors the creation of more layers of government. This was, in part, behind the effort by Town Supervisor Feiner to consolidate the three professional fire districts in Greenburgh and to push for the merger of the Dobbs Ferry police department with Greenburgh's police department. Neither succeeded largely over a fear of loss of local control.

Westchester is tribal.

While it may seem the answer to stopping over-development in the Ardsley School District is extending Ardsley’s village borders to be coterminous with its school district to better control land use, this is, for many reasons, extremely difficult as the school district borders extend over parts of the villages of both Dobbs Ferry and Hastings and large sections of unincorporated Greenbrugh (such as the Chauncey section where The Jefferson is intended to be built). Just ask your neighbors in these villages or areas who are in the school district but outside Ardsley’s village borders at your next birthday party if they are willing to become part of a greater Ardsley village and see the reaction.

As wise person observed, to understand something, try changing it.