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HomeMy WebLinkAbout1986_05_29 Town Board Minutes 344 MINUTES OF A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMAARONECK, HELD ON THE 29TH DAY OF MAY, 1986 IN THE COURT ROOM OF THE TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK CONVENE SPECIAL MEETING I The Special Meeting of the Town Board was called to order by Supervisor Battalia at 8:20 P.M. in the Court Room. Present were the following members of the Board: Supervisor Dolores A. Battalia Councilman Thomas R. Amlicke Councilman Stephen C. Chapin Councilman Lawrence A. Lerman Also present were the following: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Town Counsel Jean A. Marra, Recording Secretary Councilwoman Caroline Silverstone was not in attendance at this meeting. CALL TO ATTENTION - Location of Exits Supervisor Battalia pointed out to those assembled the location of exits as required by law for public gatherings. i I Counsel to the Town, Steven Silverberg, announced that this Special Meeting of the Town Board was for the purpose of - reviewing the draft of the Environmental Impact Statement for the Town of Mamaroneck - Village of Larchmont for the Local waterfront Revitalization Program (LWRP) and on several items of draft legislation proposed for adoption by the Town Board in implementation of that program before the June 12th deadline for the final Environmental Impact Statement. Thereafter, on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously Iii i 345 Fay 29, 1986 RESOLVED, that the Public Iiearing be, and it hereby is, declared open. The Town Clerk presented for the record the Affidavits of Publication and Posting of the Notice of Hearing. I PURPOSE: I Mr. Wallace Irwin, Jr., Co-Chairman (Village) appeared and stated that the Special Town Board Meeting was being held on the LDW draft of the Environmental Impact Statement and the accompanying legislation. Mr. Irwin stated that the thrust of the Statement is to protect the control area by controling flooding, storm water run off and sewer backup. In order to protect the com=ity in advisable ways, there are certain engineering steps that have to be taken and to do this legislation was necessary, Mr. Irwin stated. If it is adopted, it will be the first one done by joint communities. COMMISSION: Mr. Irwin stated that hopefully a permanent Coastal Zone tianagement Co=i ssion will be established and it will work with the existing Planning Board and Zoning Board of Appeals but it will not pre-empt their powers. LOCAL CONSISTENCY LAW: Mr. Irwin continued that the CZC will have a central role to play and actions which might have an impact in this area must be examined to see if they are consistent with the Town's policies. This has to be done without interfering with the Planning and Zoning Boards. Rebuilding or private development plans would be referred to the Commission in order to determine if it is consistent with the program. Mr. Irwin said that how these laws ought to be written and questions and comments regarding them will be welcomed in order to produce any further ideas. On the Land Use item, Mr. Irwin offered that run-off is a caption to describe it. He explained that the Town has large tracts of land, and if developed, could create serious water run-off and flooding problems. What is proposed for development of large tracts is 0% increase. That is, the rate of run-off will be no greater than it was before development took place. For five acres or more, 10% decrease in run-off. An impact must not be received from a development, and the 10% decrease is to compensate for the physical facts that the Town is confronted with. - 2 - 34 6 May 29, 1986 Mr. Irwin noted that with the topography of land in certain areas, it is especially important to note that the land cannot handle a large amount of run-off at once. It is like a traffic jam but with water. This control of construction is necessary especially in the Sheldrake area. WEPLAMS: Mr. Irwin submitted that the proposed Wetlands law is another effort to control and regulate development in sensitive areas. This has been drafted by Mary Johnson and is to be incorporated into our present law which is somewhat obsolete. CRITICAL ENVIRONMENTAL AREAS: Mr. Irwin offered that this is ordinarily treated in any proposed development as a Type I Action which means very careful scrutiny is given to any building applications. There are three proposed areas in the Town and two smaller areas in Larchmont wherein the effect of the law designated these areas insofar that any action in, or partyly in, or contiguous to these areas, would be a Type I Action and a full Environmental Impact Statement would have to be drawn up on it. Hopefully, Mr. Irwin stated, New Rochelle will do something on its side of the line regarding these areas. I I I LAND USE PROVISION: Mr. Irwin related that this is not actually a law but a resolution and it would up-zone anvthing that close to a sensitive area from 7.5 to _R-30. The proposed new zone, 50,000 sq. ft. (R-30 to R-50) would apply to properties on or near the Long Island Sound (Premimum Point) . It would have the effect that a number of properties in that area could not be sub-divided unless the new lot exceeded 50,000 sq. ft. Some degree of sub-division would be possible but less than before in order to keep the beautiful scenic, valuable coast line intact. Mr. Irwin expressed his thanks to Dan Schuster for his help and stated that the County of Westchester suggested that all construction should be designed and executed in such a manner so as to do the least damage. In other words, no steep sloping and soil stabilization so it does not erode. And also controlling, restricting or prohibiting the use of fertilizer, de-icer in the winter, etc. in order to help create a more sound environmental impact. Supervisor Battalia thanked Mr. Irwin for his presentation and requested he introduce the members of his committee. Mr. Irwin complied with the request and introduced the following people- 3 i 47 May 29, 1986 Shirley Tolley, Co-Chairperson (Town) Mary Anne Johnson, Elinor Fredston Elaine Price, Arthur Katz, Alan Mason Leo Wilson, Hon. Diane 7eane and Mayor Miriam Curnin of Larchmont. I Supervisor Battalia asked if there were any questions or comments of the Board members. Councilman Lerman stated there were three separate versions drafted of the proposed Local Consistency Law: the Town Attorney's, Mr. Irwin's and Dan Schuster's. He questioned if the law adopted here will be close to the one in the Village of Larchmont. Mr. Silverberg stated that that was a policy determination to be made by the Board because the Board must make certain determinations and one is that the action would result in "over-riding public benefit." Legally, he said, the draft is sound. Supervisor Battalia reported that this law outlined the powers and defined the duties of the Coastal Zone Management Commission. I Mayor Curnin explained that the law addressed the process of the law rather than the powers of the Commission and she stated that the Village is supporting Mr. Irwin's draft but is concerned with the statement of "over-riding public benefit." Councilman Lerman stated that regardless of whichever is adopted, it would not take away any authority from the other municipal agencies. Mr. Irwin said it includes a provision on small items regarding trivial matters. A concerned resident stated there is a bias for some inconsistencies and he recommended that the Planning Board find three things: alternatives, steps that have not been taker. and over-riding public benefit. He said these may not be advisable criteria for the Town. Councilman Lerman said he would like to see the trivial piece be addressed more fully but he favors that version. He would like the Village and the Town to have the same Local Consistency Law. Councilman Aml.icke agreed that the CJMC should have more authority and it does not give them that authority under the attorney's version and he stated he leaned toward Mr. Irwin's version. Councilman Chapin announced he had no comment at this time. - 4 - I 348 Clay 29, 1986 Supervisor Battalia summarized that the Board was in favorable agreement regarding Mr. Injin's draft of the proposed Local Consistency Law. Supervisor Battalia then stated that she received a memo from the Chairman of the Planning Board wherein it was stated that the Planning Board had studied the proposals - - and recommended the adoption of proposed amendments. It was also noted that the rezoning from R-30 to 1 .50 would help preserve the environmental area near the Long Island Sound. Supervisor Battalia also mentioned that comments and recommendations were received from Gary Trachtman,-Planning Consultant, and they have been taken into consideration and incorporated into the LRNP. Mr. Larry Fraioli appeared and stated he was representing local developers in the community and questioned what kind of engineering input the Town received regarding this because it did not seem to have any consistency. Mr. Daniel Shuster commented that the Soil and Water Conservation Board had ample time to comment on it and he also noted that the provision for the 10% reduction would not apply if a specific site analysis showed it to be unwarranted. i Ms. Laura Tessier added that in her opinion the drafted law is too rigid but certain sites located low in the watershed still have to get the water out of there as soon as possible rather than retain it. She recommended that the both the Town and the Village adopt 0% increase in run-off as the general rule but provide that it can be modified or waived if necessary. Mr. Fraioli inquired again as to what engineering input had been received in framing this draft law. Mr. Irwin replied that drafts had- been submitted to the Town and Village engineers for comments and they had the opportunity to comment. He agreed that there should be some flexibility in the language in order to accommodate different situations and to allow for improved controls as more knowledge and experience is gained. He added that in the interim there was much to be said for starting a definite rule, even if it varied on a case-by-case basis rather then to rely on a general statement. Supervisor Battalia stated that the proposed Erosion and - Sediment Control local law is a companion law. A local resident offered that with no run.-off at all — a 0% run-off increase --any type of retention basin would have to be extremely large. - 5 - I May 29, 1986 Councilman Lerman stated that "things are not going to be made worse" is actually what is being said in the new law. A local resident iMuired as to the provisions were being made for cleaning and maintaining a water retention shed. Councilman Lerman stated that Mamaroneck was involved with certain bordering property and that several drainage problems were imposed on us by our neighbors but no plan for water management can be made at this time. Supervisor Battalia said that some more work has to be done on the stormwater run-off law. Mr. Fraioli again asked if it was correct that this proposed change had no knowledgable engineering input during its drafting, that the engineers had had an opportunity to comment and they did not. Mr. Trachtman answered that the Malcolm Pirnie firm had commented on the draft. Supervisor Battalia indicated that this was not a hearing on any one particular law; it was just to get a general feeling on the proposed Erosion and Sediment Control Law. i _. Ms. Tessier stated she would send the Town a copy of a newly drafted model law on the proposed Erosion and Sediment Control Law and urged that the present draft not be adopted. I Mr. Irwin indicated that boundaries are being determined, surveying will be done, and legal descriptions written on the Critical Environmental Areas which are proposed. Reverting to the proposed Local Consistency Law, Councilman Amlicke wanted to know how the CZ MC would work alongside the Planning Board to which Mr. Silverberg responded that the Planning Board and the Commission would look at the issues at the same time and an attempt will be made to streamline the entire process. Ms. Gary Hirshberg of 3 Country Road stated that there was a twenty-three acre development in the Town called Fenimore Close that dumps water into the Village of Mamaroneck which is in the Federal Flood Plain. The run-off flows through a portion of three culverts on Leatherstocking Lane and efforts should be made to rectify this situation. Supervisor Battalia inquired if anyone knew what the County Executive was doing anything about this. I Mr. Irwin replied that what happens in one municipality which affects another should be known and perhaps some adjustment needs to be made because that is an area of severe flooding. - 6 - I 50 May 29, 1986 A speaker in the audience talked about the possibility of having the C1MC review the consistency process to ascertain that it is being complied with before a C.O. is issued to enable enforcement of the new law. Councilman Chapin said he was concerned with the Site Plan Law and that he would like to look at it more closely. Mr. Silverberg stated that public comment on the proposed laws is effective only until June 12th. Supervisor Battalia stated that all comments regarding the proposed Erosion and Sediment Control Law will be made part of the record. Councilman Lerman requested that the Town Engineer submit a report on each individual proposed law in question in a timely fashion. Councilman Amlicke congratulated the CLMC for doing a fantastic job and for keeping the Town on its schedule for September 1st and Councilmen Chapin seconded the congratulations. Supervisor Battalia indicated the report was very comprehensive and accompanied with a high level of success and she expressed her sincere thanks to the entire committee for the fine job that they did. Councilman Lerman added that the "people hours" expended were enormous and he thanked them all for their diligence in doing a wonderful job. Mr. Katz extended his thanks on behalf of the Coastal Zone Management Committee for the support they received during this undertaking. Ms. Keane added that the work is very important and funding is limited and it is important that the community has done what it is doing. ADJOURNMIM?r There being no further business to come before this Board, on motion by Councilman Lerman, seconded by Councilman ._: Amlicke, it was unanimously resolved that the meeting be adjourned at 10:10 P.M. Patricia A. DiCioccio Town Clerk - 7 -