By Dan Murphy
A New York State Appeals Court has upheld a decision of a lower court denying the Bronxville Scout Committee, BSC, of their claim to legal title of Scout Field Cabin, located on Scout Field in Bronxville.
The courts decision means that BSC will no longer have the right to control the cabin and rent it out scout groups and others. BSC has been in control of the cabin for 100 years, and has rebuilt the cabin after two fires.
Westchester County Attorney John Nonna said: “This decision reaffirms the County’s rightful ownership and ensures that our public resources are protected for the benefit of all residents not just a select few. With this concept in mind, that Scout Cabin at Scout Field belongs to all of us, we are nevertheless reaching out to the people who have wrongfully claimed ownership of the Cabin and see if we can come to a resolution for a path forward.”
In the case (Index No. 67854/21), the Bronxville Scout Committee sought to assert exclusive property rights under Real Property Actions and Proceedings Law (RPAPL) Article 15, claiming ownership free of any estate, trust, or interest from the County or any other party. The Court’s decision also directs the Supreme Court, Westchester County, to enter a judgment declaring that the Bronxville Scout Committee does not hold the exclusive property rights or legal title to the property, ensuring that the County’s interests are protected.
Westchester County Executive George Latimer said: “We have always been supportive of Boy Scouts and Girl Scouts and the values they teach. And, my administration has long been committed to transparency and access to facilities and recreation – for all County residence. In regards to the matter of Scout Cabin at Scout Field we bluntly had a situation that spun out of control for decades, the Courts at trial and appellate levels, have now rectified it once and for all.”
Scout Field, where Scout Cabin is located, sits within Bronxville, Mount Vernon and Yonkers, and has 22.9 acres of land that can be utilized for walking, biking, running, nature study as well as baseball fields. The park touches the Bronx River Pathway and is a scenic location to take a break and enjoy the natural world the park has to offer.
Latimer said: “We plan on making Scout Cabin at Scout Field available, at no cost, to all Westchester Boy Scouts and Girl Scouts. We are prepared to work with the BSC Inc., or any group, to manage the property, under our aegis, for the benefit of all scouts. The Cabin needs to be safe and accessible – and that is the Scout’s truth.”
The Bronxville Scout Committee, BSC, wrote a detailed explanation this year, articulating their side of the argument.
“Early 1900s, Frank Chambers, a charitable resident of Bronxville donated his land to the Bronx Parkway Commission with a requirement of allowing the building a cabin for the scouts. Scout Cabin was subsequently built through monies raised by the community – not the County. This was one of several cabins built along the Parkway.
“In 1938 when the cabin burned to the ground, citizens rallied and had it rebuilt. After another damaging fire in 1988, the cabin was rebuilt yet again by citizens using their own donations. To our knowledge, in the 100+ years of stewardship, no County funds were ever used in the building or maintenance of the Bronxville Scout Cabin. This includes upkeep, insurance, heating costs, etc.
“As argued in the present ligation neither side has provided a deed to prove ownership of the Cabin and the land beneath it, Westchester County has not produced proof that they own the cabin either. There is the public record however, of newspaper articles and documents that span the cabin’s 100+ year history that without a doubt show the Bronxville Scout Committee as owning the Scout Cabin. True, there have been successive committees/organizations that have taken over stewardship of the cabin. However, all have been affiliated with the scouts with the sole purpose of providing a venue for the scouts. In 1982 for example, the BSC was granted not-for-profit status with the express purpose of maintaining the cabin. We, the BSC, are the successor organization to the various groups who have maintained it since it was first built. We have this documentation along with IRS approval.
“The BSC is an IRS approved non-profit. The sole purpose of the BSC is to maintain the cabin in support of scouting. The $600K referred to by the County Attorney and the County Executive is an endowment which was created due to generous donors who left bequests and from annual fund raising drives raised from the community – not the County. The endowment was created to provide a cushion for major capital expenditures. The BSC runs the cabin as close to a break even capacity as possible. No one on BSC is collecting salary or any compensation. They are volunteers. The money the cabin generates from renting to the public for events and the per scout yearly membership fee all goes to cover heating, maintenance, insurance, etc. To reiterate, Westchester County has never contributed to the Scout Cabin.
“In 1982, the Westchester Council was going to abandon the cabin due to the inability to pay for the upkeep. This is when the BSC moved to create a legal entity and framework to transfer ownership and maintain the cabin for scouting. This was done by current and former scout leaders.
“Are the people on the BSC board associated with BSA and the local council? Yes. Are the board members associated with Troops and Packs? Yes.
“The BSC also acts as the sponsoring organization for the Troops and Packs. Every unit has to have a sponsor to be affiliated with BSA. There was discussion in the Board of Legislators Parks Committee meeting about claiming the endowment for the County. To reiterate, the endowment was not generated by so-called rental profits; the endowment is a result of privately raised monies and monies that have been bequeathed. Everyone on the BSC is a Scouter. We have a CO from the City of Yonkers. We have regular inspections by the Yonkers Fire Department and are up to date. Our maintenance chair and Troop 1 leader is a professional firefighter. Our cabin is connected to the sewer system.
“BSC has been an excellent steward of the cabin and surrounding property, and intend to continue such stewardship until Scouting is no longer of interest to the community. Further, prior to the litigation there was never any mention of improvements or a plan to improve the facilities by the County. On September 20, 2022, the County served BSC with thirty (30) days notice of ejection and directed that we vacate the Scout Cabin and surrounding property. We have 3 Troops and 2 Packs, currently over 300 kids. The kids participating come from Bronxville, Mt. Vernon, Yonkers, Bronx, Crestwood, Tuckahoe, Eastchester, Hartsdale, Larchmont, Mamaroneck, and New Rochelle. We rent out to families from around Westchester for private parties.
Just to reiterate the history of Scouting among the BSC, the current members are: Howard Rakov – Member of Troop 4 Troop Committee from 1962 – 1965, 57 years as Scoutmaster of Troop 4, Charter member of BSC, Member of prior un-incorporated Cabin committee since 1966, lived in Yonkers since 1946.
Howard Sklar – Den leader Pack 32 Yonkers 4 years, Committee Chairman Pack 32 Yonkers 3+ years, Assistant Cubmaster 3 years, Troop 2 Bronxville Assistant Scoutmaster 3+ years, Scoutmaster 10+ years, BSC Cabin member 30 years, BSC Treasurer 10+ years, lived in Yonkers since 1984.
Joe Stineman – Currently President Emeritus of BSC after 32 years as President. Current executive chairman of Pack 353 and committee member of Pack 5. Prior Cubmaster of Pack 5, Scoutmaster of Troop 2 and on the executive committee of the Westchester-Putnam Council, lived in Bronxville since 1978.
Martin Rego – Currently Secretary of the Bronxville Scout Committee, he has served the Boy Scouts of America as an Assistant Cubmaster, Assistant Scoutmaster since 1995, lived in Mt. Vernon for almost his entire life.
According to their website, scoutcabin.org, the cabin can be rented for $550 for private events and gatherings.
