HomeMy WebLinkAbout1986_06_30 Town Board Minutes MINUTES OF A SPECIAL MEETING OF THE
TOWN BOARD OF THE 'DOWN OF MAMAROb=
HELD ON THE 30TH DAY OF JUNE 1986 IN
THE SENIOR CITIZEN MEETING ROOM AT
THE TOWN CENDER, 740 WEST BOSTON
POST ROAD, MAMARONECK, NEW YORK
CONVENE SPECIAL 14EET324G
Supervisor Battalia called the meeting to order at 8:10 p.m.
Present were the following members of the Board:
Supervisor Dolores A. Battalia
Councilman Thomas R. Amlicke
Councilwoman Caroline Silverstone
Councilman Lawrence A. Lerman
Councilman Stephee C. Chapin
Also present were:
Patricia DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Steven M. Silverberg, Town Counsel
Daniel Shuster, Consultant
Jane H. Marion, Secretary Pro Ten
Supervisor Battalia presented the Statement of Findings by the
Town Board for the Local Waterfront Revitalization Program (LWRP)
for adoption by the Board.
Town Counsel, Steven Silverberg, explained the findings and
decision, and the local laws that must be discussed at public
hearings before being adopted to implement the LWRP including:
establishment of a joint Coastal Zone Management Con¢mission;
passage of a Local Consistency Law by the Town and iarchmont
Village; amendments to the Freshwater Wetlands Law; enacting of
an Erosion and Sediment Control Law; amending the Town Flood
Damage Prevention Law; amending the Town SEAR Law designating
three critical environmental areas; and amending the Town Zoning
Law concerning the waterfront area.
Thereafter, on motion by Councilman Lerman, seconded by Councilman
Amlicke, it was unanimously
RESOLVED, that this Board hereby
adopts the Statement of Findings
and Decision relating to SEQRA
review and orders that this
Statement be made a part of the
minutes of this meeting.
June 30, 1986
The question of the adoption of the foregoing resolution was duly
put to a vote on roll call, which resulted as follows:
Dolores A. Battalia VOTIM aye
Thomas R. Amlicke VOTING aye
Caroline Silverstone VOTING ave
Lawrence A. IeXMan VOTING aye
Stephen C. Chapin VOTING aye
The resolution was thereupon declared duly adopted.
STATEMENP OF FINDINGS
LOCAL WATERFRMU uFC=ALIZATION PROGRAM (INRP)
(TOOm of Mamaroneck - Villge of Iarchmont)
and Implementing Legislation
A. INCLUDED ACTIONS
The following actions (more specifically described in the
DEIS) are all included as the subject of the Statement of
Findings:
1. Adoption of the Local Waterfront Revitalization Program.
2. Enactment of the Following Legislation:
— a. Establishment of a Joint Coastal Zone Management
Commission.
b. Passage of a Local Consistency Law by both the Town
of Mamaroneck and the Village of Iarclmiont.
c. Amendments to the Town Freshwater Wetlands Law.
d. Enactment of an Erosion and Sediment Control Law.
e. Amendment to the Town Site Plan Review Law concerning
drainage run-off.
f. Amendment to the Town Flood Damage Prevention Law.
g. Amendment to the Town SEQRA Law to designate three
Critical Environmental Areas.
h. Amendments to the Town Zoning Law concerning the
waterfront area.
B. RESOURCE DOCUMENTS
The following statement of findings concerning the LWRP has
been prepared following review of the documents listed below:
1. The Draft Environmental Impact Statement (DEIS) dated
December 1985.
2. Comnents received pertining to the DEIS from Federal,
State, Westchester County, and Local government agencies,
plus comments from private parties. All convents were
received in writing, although some were also expressed by
the same parties at the Public Hearing held on May 28th.
3. The Final Environmental Impact Statement, accepted June
16, 1986, which includes responses to substantive
cents.
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June 30, 1986
C. BASIC Fn MIDIS
This Board has reviewed the Draft Environmental Impact
Statement, the comments, both written and oral, submitted to
the Board at its Hearing on the Draft Environmental Impact
-- Statement held on May 29, 1986, as well as the comments
submitted by the public and various public agencies, both
prior to and subsequent to the Public Hearing on the Draft
Environmental Impact Statement.
This Board has considered the Final Environmental Impact
Statement which was completed on June 16, 1986 and finds that
all requirements of Part 617 of the New York Code of Rules
and Regulations and Local Law No. 4 of 1985, the Town of
Mamaroneck Environmental Quality Review Law, have been
complied with.
It is further the finding of the Board that the proposed
program and related legislation is consistent with the
applicable policies of Article 42 of the Executive Law as
implemented by 19NYCRR 600.5 and, in fact, enhances the
ability of the Town to achieve a balance between the
protection of natural resources and the need to accommodate
social and economic considerations.
The proposed Local Waterfront Revitalization Program is for
the purpose of implementing Article 42 of the Executive Law
- of the State of New York Waterfront Revitalization and
Coastal Resources Act.
This program attains its basic purpose of enhancement and
maintenance of vital natural and man-made resources while
dealing with ongoing problems of drainage, soil erosion,
sedimentation, local flooding, water pollution, and
preservation of open space.
In general, the program has beneficial effecton social,
economic and other considerations, and rather than creating
adverse environmental impacts, it is for the purpose of
avoiding and minimizing adverse environmental impacts of
various types of development.
However, the program and the supporting legislation submitted
with the program create a balance between the concerns for
preserving the environment and the need to accommodate
development.
The connents of the public and various State agencies
reflected concerns with regard to the proposal for amendment
to the Town Site Plan Law concerning reduction of runoff and
retention. These comments have been taken into consideration
and submitted with the Final Environmental Impact Statement
in a revision of the amendment to the Site Plan Law which
this Board finds addresses the comments and concerns
submitted to the Board. We, in fact, note that the
Westchester County Soil and Water Conservation District,
through Laura E. Tessier, District Manager, has submitted a
comment dated June 11, 1986, finding that the revision is
consistent with the concerns and practices of the District.
In addition, we find that, based upon the comments submitted
on the proposed draft of the Erosion and Sedimentation
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June 30, 1986
Control Law, said law should not be adopted at this time in
its present form and that the Town should undertake the
revision of that proposal based upon the new model law which
is being developed by the Westchester county soil and Water
Conservation District.
This Board finds that with those changes with regard to those
two laws, based upon the public comment, are conditions which
mitigate any potential adverse environmental impacts, and
therefore, the entire program as submitted, along with the
supporting legislation, minimizes to the maximum extent
possible, adverse environmental impacts and that the program
and supporting legislation will be beneficial to the economic
and social development of the Town by providing a framework
for this development consistent with a balanced review of
environmental considerations, as well as the social and
economic considerations necessary to such a review.
D. FACTS AMID CONCLUSIONS
The basic findings set forth above are based on the following
facts and conclusions, as related to each action:
1. Adoption of the LWRP
Facts: The LWRP provides a comprehensive set of
well documented policies to guide the
actions of all levels of government in the
coastal area. It provides analysis of
specific problems impacting the environment
and proposes physical, legal, and
administrative solutions.
Conclusions: Adoptions of the LWRP will provide each
municipality with a blueprint for action
aimed at correcting and preventing adverse
environmental impacts of past and future.
2. Creation of Coastal Zone Management commission
Facts: This bi-municipal commission will be the
only body with concern for all aspects of
the use and protection of coastal resources
It will be in a position to both undertake
actions (at request of either legislative
body) or advise Town and Village agencies
with regard to actions which may affect
coastal policies.
conclusions: Creation of the coastal Zone Management
commission will improve coordination and
review of actions in the coastal area.
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Jame 30, 1986
3. Local Consistency Law
Facts: Although State and Federal agencies are
required by State law to act consistent
with the policies of the LWRP, there is no
-- such State requirement for local agencies.
The Local Consistency Law will set forth
procedures to ensure that local actions are
consistent with IMW policies to the
maximum extent practicable and is a pre-
requisite to State approval of the LWRP.
Conclusions: The Local Consistency Law is a necessary
method to review local actions and require
that they be consistent with IMP policies
to the maximum extent practicable.
4. Wetlands Law
Facts: The Town Wetlands Law does not conform to
current New York State Law, which excludes
areas of less than 12.4 acres from the
requirements of the regulations. Important
wetlands within the Town are smaller than
12.4 acres.
Conclusions: The Town Law should conform to current State
Law. Areas of as little as 1/4 acre are
important in the sensitive environment of
- the Larchmont/Mamaroneck coastal area and
should come under the purview of wetlands
regulations.
S. Erosion and Sediment Control Laws
Facts: Erosion of soil and sand from construction
activities, improperly graded and
stabilized slopes, poorly planned drainage
systems and street residue have resulted in
siltation of streams and marshes causing
serious damage to fish and wildlife habitats
and filling in of navigable waterways.
Conclusions: Regulations to govern construction
activities in a way that will prevent soil
erosion are needed to avoid further adverse
environmental impacts. Ca[ments received
indicated that the present draft law is
technically inadequate. A better draft
should be prepared as a matter of priority
based on a new model law prepared by the
county Soil and Water conservation District.
6. Amended Site Plan Review Laws
Facts: The four drainage basins which traverse the
coastal area are highly developed. Flooding
along streams and low-lying areas is a
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June 30, 1986 366
frequent problem as the rate and volume of
run-off increases due to the continued
development of hard, non-absorptive
surfaces. A full solution requires analysis
on a total drainage area basis to provide
- data upon which the development plans for
individual sites can be evaluated.
Conclusions: The suggested analysis, called for in the
IWRP, is important but will be time
Consuming. Meanwhile, legislative authority
to require appropriate control of run-off
from individual sites is urgently necessary.
The LWRP, and legislation drafted pursuant
to it, proposed that the rate of rues-off be
limited to lizero increases) on all sites
larger than 10,000 square feet and retarded
by 10% on sites larger than five (5) acres.
Comments by the Westchester County Soil and
Water Conservation District and others
suggested that a more flexible approach was
required to deal with the complexities of
watershed management. This flexible approach
is considered to be more appropriate to the
policy objective of avoiding any increase in
flooding or erosion seat the site or at other
locations.ss The proposed legislation has
been revised to make the run-off decrease
provision for sites larger than five (5)
acres discretionary, depending on expert
analysis, rather than mandatory, also to
permit a waiver of the zero increase
provision where analysis indicates that it
would be counter-productive in a specific
location.
7. Flood Damage Prevention Law
Facts: Flooding of properties along the coast and
the rivers and streams traversing the
drainage basins is an ever increasing
problem. Field observation and recent
history indicate that current delineation
of flood hazard areas does not include all
area subject to flooding.
Conclusions: In order to prevent damage to property (both
existing and future) and to prevent
increases in flooding, it is necessary to
redefine the flood hazard areas, as
regulated under the Flood Damage Prevention
Law, to more accurately reflect areas
subject to flooding.
B. Amendment to Local SEAR Law: Critical Environmental Areas
Facts: Certain areas of the coastal zone, including
the Premium Salt Marsh Complex, the He miocks
Salt Marsh Complex, the Larchmont Reservoir-
Leatherstocking Freshwater Wetland Complex,
have been determined to be important wetland
and fish and wildlife habitats as documented
in the LMV P.
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Jame 30, 1986
Conclusions: The scenic and ecological coastal resources
in these areas should be protected by
amending the Town zoning laws to limit the
instances under which existing lots can be
subdivided in the R-30 District by creating
an R-50 District (and to reduce the density
where subdivision is possible) and to
redesignate the 807.5 District on Hammocks
Road to R-30 to conform to adjacent zoning,
which will also guard against adverse
development near the scenically important
and ecologically valuable Hommocks
Marshlands.
It is therefore the decision of the Board concerning review,
pursuant to Part 617 of the New York Code of Rules and Regulations
and Local Law No. 4 of 1985, the Town of Mamaroneck Environmental
Quality Review Law, that with the amendment to the Site Plan Law,
as submitted with the Final Environmental Impact Statement and the
removal of the Erosion and Sedimentation Control Law from the
consideration at the present time, the Town may go forward with
the adoption of the Local Waterfront Revitalization Program and
supporting legislation.
PUBLIC HEARING - Local Waterfront Revitalization Program
On motion by Councilman Lerman, seconded by Councilman Chapin, it
was unanimously
RESOLVED, the the Public Hearing
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.
Supervisor Battalia asked Counsel Silverberg to explain the
purpose of the Local Waterfront Revitalization Program which he
described as enhancement and maintenance of vital natural and
man-made resources while dealing with ongoing problems of
drainage, soil erosion, sedimentation, local flooding water
pollution, and preservation of open space.
Supervisor Battalia asked if anyone wished to address the Board in
opposition to the adoption of the LWRP. There being no response,
she asked if anyone wished to speak in favor. Annette Noe,
representing the League of Women Voters of Larchmont read a letter
supporting the adoption.
There being no further comments in favor or against, on motion by
Councilman Amlicke, seconded by Councilman Chapin, the Public
Hearing was unanimously declared close.
Thereafter, on motion by Councilman Lerman, seconded by Councilman
Amlicke, the following resolution was unanimously adopted:
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June 30, 1986 366
WHEREAS, the Town Board of the
Town of Mamaroneck, having
considered the Local Waterfront
Revitalization Program drafted
pursuant to the Waterfront
Revitalization and Coastal Resources
Act (Article 42 of the Executive Law
of the State of New York) and
recommended in March 1986, by the
Coastal Zone Management Committee
for adoption by this Town and by the
Village of Larchmont; and
WHEREAS, having further considered
drafts of certain items of legislation
recommended by the said Committee and
by the Town Attorney for adoption by
the Town in implementation of the said
LWRP; and
WHEREAS, having subjected all these
proposals to public went and public
comment and public hearings pursuant to
the State Environmental Quality Review
Act and Local Law No. 4 of 1985 and
made appropriate modification in then
in response to comments received, and
published the substance of the said
comments and responses in a Final
Environmental ng3act Statement dated
June 16, 1986; and
WHERE, the Town has adopted findings
and a decision pursuant to BRA and
Local Law No. 4-1985,
NOW, THEREFORE BE IT
RESOLVED, that the said Local Waterfront
Revitalization Program with appropriate
revision incorporating the aforesaid
modification is adopted;
and be it further
RESOLVED, that the Supervisor is authorized
and directed, on behalf of this Board, to
convey to the Secretary of state of the
State of New York, the teat of this
Resolution, together with the text of all
implementing legislation with a request
in that in view of these actions the
Local waterfront Revitalization Program
be approved.
The question of the adoption of the foregoing resolution
was duly put to a vote on roll call, which resulted as
follows:
Dolores A. Battalia VOTING ave
Thomas R. Amlicke VOTING aye
Caroline Silverstone VOTING aye
Lawrence A. Lerman VOTNG aye
Stephen C. Chapin VOTING aye
The resolution was thereupon declared duly adopted.
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3
June 30, 1986
PUBLIC HEARING - Coastal Zone Management Commission
On motion by Councilman Lerman, seconded by Councilman Chapin, it
was unanimously
RESOLVED, that the Public Hearing
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, noting change of
location of the meeting within the building was duly posted at all
entrances and on the door of the Courtroan.
Supervisor Battalia presented this proposed local law, and Town
Counsel, Steve Silverberg explained that the purpose of the law
was to provide a management structure for the implementation of
the Town of Mamaroneck/Village of Larchmont Local Waterfront
Revitalization Program.
Supervisor Battalia asked if anyone wished to speak in opposition
or in favor of the proposed legislation. There being no response,
on motion by Councilman Lerman, seconded by Councilman Amlicke,
the Public Hearing was unanimously declared closed.
At this time, on motion by Councilman Lerman, seconded by
Councilman Amlicke, the following resolution was unanimously
adopted:
WHEREAS, the Town Board of the
Tam of Mamaroneck has met on this
date, at the time and the duly
posted place removed to after being
specified in the Notice of Public
Hearing to consider the adoption of
proposed Local Law No. 4-1986, and
has heard all persons desiring to
be heard thereon;
NOW, THEREFORE BE IT
RESOLVED, that this Board does
hereby adopt Local law No. 4-1986
entitled "Coastal Zone Management
ommission't and orders that said
local law be adopted and herewith
inserted and be made a part of the
minutes of this meeting.
The question of the adoption of the foregoing resolution
was duly put to a vote on roll call, which resulted as
follows:
Dolores A. Battalia VOTING ave
Thomas R. Amlicke VOTING aye
Caroline Silverstone VOTING aye
Lawrence A. Lerman VOTING aye
Stephen C. Chapin VOTING aye
The resolution was thereupon declared duly adopted.
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June 30, 1986
a
Local Law #4 - 1986
COASTAL ZONE 14AWAGEMENT COMMISSION
1. Purpose:
The purpose of this local law is to further the cammon
interests of the Town of Mamaroneck and the Village of
Larcbmont and the Coastal Zone by establishing a Coastal Zone
Management Commission to monitor and coordinate the
implementation of the local waterfront revitalization program
of the Town of Mamaroneck and the Village of Larchmont.
2. commission:
A. The Coastal Zone Management Commission shall be a
bi-municipal commission established and appointed by the
Town Board of the Town of Mamaroneck and the Villge Board
of the Village of Larchmont.
B. The Commission shall consist of eleven members, five of
wham are appointed by the Villge of Larchmont Villge
Board, and five of wham are appointed by the Town of
Mamaroneck Tam Board. The 11th member, who shall be the
chair, shall be appointed by the Mayor of the Village of
Larchmont and the supervisor of the Tam of Mamaroneck.
C. The term of office of Commission members shall be for a
period of three years except the chair who shall be
appointed for a one-year term. However, the first
Commission shall consist of three members appointed for
three years, four members appointed for two years, and
four members appointed for one year.
D. Each member appointed by the Village shall be a resident
of the Villge, and each member appointed by the Town
shall be a resident of the Unincorporated Area of the
Town with the chair residing in either the Village or the
Town. Members shall be chosen for their demonstrated
knowledge, ability, and readiness to serve the Commission
in the functions described in this local law and with due
regard for maintaining among the membership, a range of
special aptitudes and expertise in areas relevant to the
work of the Commission.
E. Members of the Canmission shall serve without
compensation.
F. The Commission, subject to prior budget appropriations by
each municipality, may incur necessary expenses for the
carrying out of its duties, the costs to be borne equally
by the municipalities.
3. Functions and Powers
A. The Commission shall normally hold meetings at no more
than one month intervals, and shall appoint a secretary
to record the minutes of its meetings, copies of which
shall be filed with the Village Clerk and the Town Clerk
for distribution to the public upon request.
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371
June 30, 1986
B. The Commission shall monitor and coordinate the
implementation of the Local Waterfront Revitalization
Program, its policies, and projects, and in furtherance
thereof it shall:
1. Advise the two municipal governments on
implementation priorities, work assignments,
timetables, and budgetary requirements for the
implementation of the program.
2. Consult with the appropriate agencies, boards,
commissions, departments and staff of the two
municipalities and where appropriate render
opinions on proposed actions in order to insure
implementation of the program and consistency of
their actions with the program.
3. Maintain liaison with related municipal bodies,
including but not limited to the Town and
Village Planning and Zoning Boards and the
conservation Advisory commission, and with
appropriate civic groups to insure the
implementation of the program.
4. Monitor and where appropriate recommend action
by the Town and/or Village with regard to
planned actions by State or Federal agencies
within the Coastal Zone in order to insure
consistency with the Local Waterfront
Revitalization Program.
5. Subject to approval of the Town and/or Village,
make application for appropriate finding or
other assistance in furtherance of projects
under the Local Waterfront Revitalization
Program.
6. Develop and maintain liaison with neighboring
municipalities and with State and county
governments with a view toward strengthening and
developing cooperation in and common management
of shared drainage basins for flood control and
other purposes.
7. Make an annual report, in addition to such other
reports as the commission may, from time to
time, feel are necessary to the Town Board and
the Village Board on the activities of the
Commission, progress achieved and problems
encountered during the year, and recommendations
on such actions as the Commission considers
necessary for the further implementation of the
Local Waterfront Revitalization Plan.
8. Make and prepare, subject to the approval of the
Town Board and the Village Board, such reports
and communications concerning the program to the
Department of state and other agencies of the
State of New York and County of Westchester and
to other municipality by or on behalf of the two
municipal governments as may be appropriate or
reTaired.
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June 30, 1986 3 7 2
9. Perform such other functions with regard to the
Local Waterfront Revitalization Program and the
Coastal Zone as may, from time to time, be
assigned by the Town Board and Village Board.
4. Limitation:
Notwithstanding any other provision of this local law or of
the Local Waterfront Revitalization Program, no powers,
duties, or functions are conferred by it on the Coastal Zone
Management Commission other than those set forth herein, and
no provisions of the program shall be construed as altering
or diminishing the powers, duties, and functions of the
existing municipal Planning and Zoning Boards or any other
agency, commission, or committee of the Village of Larchmont
or the Town of Mamaroneck.
5. Effective Date:
This local law shall become effective upon the appointment of
eleven members of the Commission as provided for in this
local law.
6. Severability•
Should a court of competent jurisdiction find any provision
of this local law to be unconstitutional or otherwise
illegal, such finding shall not affect any other provision of
this local law.
PUBLIC HEARING - Local Consistency Law
On motion by Councilman Lerman, seconded by Councilwoman
Silverstone, it was unanimously
RESOLVED, that the Public Hearing
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.
Supervisor Battalia presented this proposed local law, and Town
Counsel, Steven Silverberg, explained that its purpose is to
ensure the consistency of actions by, or permitted by,the Town of
Mamaroneck and its agencies with the policies and purposes of the
Local Waterfront Revitalization Program.
Supervisor Battalia asked if anyone wished to speak in opposition
or in favor of the proposed legislation. Annette Noe stated that
the letter she had previously read from the Iarcbmont League of
Women Voters supports the LWRP and all these laws as well.
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37:°s
June 30, 1986
Supervisor Battalia stated that letters supporting the LWRP and
the implementing laws had been received from the Pryer Manor
Association, Friends of the Reservoir, and the Premium River and
Pine Brook Associations.
There being no further public comments, on motion by Councilman
Lerman, seconded by Councilwoman Silverstone, the Public Hearing
was unanimously declared closed.
Thereafter, on motion by Councilman Lerman, seconded by Councilman
Amlicke, the following resolution was unanimously adopted:
WHEREAS, the Town Board of the Town
of Mamaroneck has met on this date,
at the time and the duly posted
place removed to after being
specified in the Notice of Public
Hearing to consider the adoption of
proposed Local Law No. 5-1986, and
has heard all persons desiring to
be heard thereon;
NOW, THEREFORE BE IT
RESOLVED, that this Board does
hereby adopt Local Law No. 5-1986
entitled 117he Local Consistency Law"
and orders that said local law be
adopted and herewith inserted and be
made a part of the minutes of this
meeting
The question of the adoption of the foregoing resolution
was duly put to a vote on roll call, which resulted as
follows:
Dolores A. Battalia VOTING aye
Thomas R. Amlicke VOTIM We
Caroline Silverstone VOTING aye
Lawrence A. Turman VOTING aye
Stephen C. Chapin VOTIIQG aye
The resolution was thereupon declared duly adopted.
Local Law #5 - 1986
THE LOCAL CONSISTENCY LAW
I. AUTHORITY, INDENT AND PURPOSE
1. This local law is adopted pursuant to the Waterfront
Revitalization and Coastal Resources Act of the State of
New York (Article 42 of the Executive Law) .
2. This local law is intended to provide a framework for
agencies of the Town of Mamaroneck to consider the
policies and purposes contained in the Local Waterfront
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June 30, 1986
Revitalization Program when reviewing applications for
actions or direct agency actions; and to assure to the
maximum extent practicable that such actions are
consistent with the said policies and purposes.
-- 3. It is the intention of the Town of Mamaroneck that the
preservation, enhancement and utilization of the natural
and man-made resources of the Town of Mamaroneckis unique
coastal area take place in a coordinated and
comprehensive manner to ensure the proper balance between
natural resources and the need to accommodate population
growth and economic development. Accordingly, it is the
purpose of this local law to achieve a balance,
permitting the beneficial use of coastal resources while
preventing: loss of living marine resources and wildlife;
diminution of open space areas or public access to the
waterfront; erosion of shoreline; impariment of scenic
beauty; losses due to flooding, erosion and
sedimentation; or permanent adverse changes to ecological
systems.
II DEFINITIONS
1. "Action" means a Type I or unlisted action as defined in
Local Law No. 4-1985, as amended from time to time, and
in the State Environmental Quality Review Act.
2. "Agency'$ means any department, board, commission, public
authority or other agency of the Town of Mamaroneck which
- has jurisdiction by law to approve or directly undertake
a given action.
3. "Coastal Zone Management Conmissiong, or "Commission"
means the Town of Mamaroneck - Village of Tarchmont
Coastal Management Commission established by Local Law
No. 4-1986.
4. IlDirect Action" means an action planned and proposed for
implementation by the municipality or any public or
quasi-public agency. Direct actions include, but are not
limited to: capital projects. procedure-making,
policy-making, and zoning.
5. "Local waterfront Revitalization Program" or 111WRP19 means
the Local Waterfront Revitalization Program of the Town
of Mamaroneck and the Villge of Larchmont, adopted in
1986 pursuant to Article 42 of the Executive Law of the
State of New York, and as amended from time to time.
III REVIEW OF ACTIONS
1. As early as possible in an agency's formulation of a
direct action or as soon as an agency receives an
application for approval of an action, the agency and the
Coastal Zone Manageent Commission shall follow the review
procedures set forth in this law. No action subject to
these procedures shall begin until the procedures have
been completed.
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June 30, 1986
2. The Agency shall refer to the Commission a copy of the
application or plan for a proposed direct action, as the
case may be.
3. The Commission, within 30 days from such referral, shall
render an opinion in writing to the referring agency
covering the following questions:
a. Whether the proposed action is inconsistent with
one or more of the policies of the LWRP;
b. whether the proposed action will advance one or
more of the said policies.
c. if either question a. or question b. is answered
in the affirmative, the manner in which and the
extent to which the inconsistency and/or advancement
is likely to result; and
d. If questions a. and b. are both answered in the
affirmative, whether and to what extent the
inconsistency outweighs or is outweighed by the
advancement when measured by the purposes of the
LWRP.
The Commission may also, in its discretion, suggest ways
in which the purposes of the proposed action might be
accomplished in a manner that would result in less
hindrance, or no hindrance, to the policies and purposes
of the LWRP, and/or in greater advancement of them.
4. If the Commission finds in its opinion, rendered under
Paragraph 3 of this section, that the proposed action
will substantially hinder the achievement of, or be
substantially inconsistent with, one or more policies of
the LWRP, the referring agency shall, as soon as possible
upon receiving the Commissionts opinion, and before
commencing or permitting such action, issue a written
statement either accepting the Catmission's opinion with
regard to such inconsistency or setting it aside in whole
or in part. If any part of the finding of inconsistency
is accepted, the proposed action may not be undertaken
unless and until the referring agency determines with
respect to the proposed action (or any revision thereof
which may be devised by it or presented to it in a
revised application) that:
a. No reasonable alternatives exist which would permit
the action to be taken in a manner which would not
substantially hinder the achievement of such policy
or policies; and
b. The action taken will minimize all adverse effects
on such policy or policies to the maximum extent
practicable.
In the case of a direct action, the determination must
further include a finding that
c. The action will result in an overriding public
benefit.
is
376
June 30, 1986
A determination by the referring agency, under
subparagraphs a. and b. and, where appliable subparagraph
c., shall constitute a determination that the action is
consistent to the maximum extent practicable with the
approved LWRP as required by Executive Law, Article 42.
5. In making any determination under Paragraph 4, the
referring agency shall take the opinion of the Commission
fully into account and make it part of the public record
of its proceedings. where the referring agency acts
contrary to the opinion of the Commission, it shall state
its reasons therefor in its determination.
IV SEVERABILITY
Should any provision of this local law be declared
unconstitutional or illegal by a court of competent
jurisdiction, such declaration shall not affect any other
provision of this local law.
V EFFECTIVE DATE
This Local Law shall take effect immediately.
PUBLIC HEARING - Amendment to Local Law No. 3-1984
Site Plan Approval - Local Law No. 6-1986
on motion by Councilman Lerman, seconded by Councilwoman
Silverstone, it was unanimously
RESOLVED, that the Public Hearing
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.
Supervisor Battalia presented this proposed local law, and Town
Counsel, Steven Silverberg, explained that its purpose was to
improve the control of flooding in the Town of Mamaroneck by
providing additional regulations concerning storm water runoff.
Supervisor Battalia asked if anyone wished to speak in favor or in
opposition of the proposed legislation.
There being no public comment, on motion by Councilman Lerman,
seconded by Councilwoman Silverstone, the Public Hearing was
unanimously declared closed.
Thereafter, on motion by Councilwoman Silverstone, seconded by
Councilman Lerman, the following resolution was unanimously
adopted:
WHEREAS, the Town Board of the
Town of Mamaroneck has met on this
date, at the time and the duly
posted place removed to after being
16
June 30, 1986 3
specified in the Notice of Public
Hearing to consider the adoption of
proposed Local Law No. 6-1986, and
has heard all persons desiring to
be heard thereon;
NOW, THEREFORE BE IT
RESOLVED, that this Board does
hereby adopt Local Law No 6-1986
entitled INSite Plan Approvall' and
orders that said local law be adopted
and herewith inserted and be made a
part of the minutes of this meeting.
The question of the adoption of the foregoing resolution
was duly put to a vote on roll call, which resulted as
follows:
Dolores A. Battalia VOTING ave
Thomas R. Amlicke VOTING aye
Caroline Silverstone VOTING aye
Lawrence Lehman VOTING aye
Stephen C. Chapin VOTING ave
The resolution was thereupon declared duly adopted.
Local Law #6 - 1986
This shall be a Local Law to amend Local Law No. 3 of 1984
SITE PLAN APPROVAL
SECTION 1. PREAMBLE:
Policy 14 of the Town of Mamaroneck - Village of Larebmont
Local Waterfront "Revitalization Program, adopted in 1986
declares that activities and development "shall be undertaken
so that there will be no measurable increase in erosion or
flooding at the site of such activities or development or at
other locations.11 It is the purpose of this local law to
give effect to that policy through appropriate amendment of
the Site Plan Approval Law of the Town of Mamaroneck.
SECTION 2. ATTS•
Article 5-G Local Law No. 3 - 1984 is hereby amended to read
as follows:
(G) Drainage.
1. A storm drainage system which demonstrates affirmative
compliance with the form, scope, and substance of all
applicable design criteria shall be provided to
accommodate expected loads from the tributary watershed
17
June 30, 1986
when developed to the maxisu<m density penttitted under the
existing zoning standards. Drainage shall be conducted
to a point of adequate and suitable disposal.
2. On sites of $10,000 square feet or more and in other
instances determined by the Planning Board to be
appropriate after consultation with the Town Engineer,
development shall be so designed and executed as to limit
overflow from the site to zero increase in the rate of
runoff and to create zero decrease in the rate of
upstream runoff into the site, as related to existing
conditions; except that the Planning Board, after
consultation with the Town Engineer, may substitute a
different requirement for a particular site if it
determines that the substituted requirement will be more
effective in controlling flooding and erosion at the site
and at other locations.
3. On parcels of five acres or more, the Planning Board may
require that development be so designed and executed as
to reduce the rate of runoff by a stipulated percentage,
not to exceed twenty percent, as oompred with existing
conditions, through drainage systems, water retention,
and/or the maintenance of open spaces, both those
required under ordinary circumstances and such additional
open spaces as may be required for this purpose; but
without reducing the rate of runoff into the site from
upstream. Such a requirement shall not be applied unless
the Planning Board determines that it is an appropriate
and important means of preventing an increase in erosion
- and flooding at the site and/or at other locations. In
making such determination, the Planning Board shall
consult with the Town Engineer and with the Westchester
county Soil and Water oonservation District, who shall
respond within the time limits set by this local law.
Failure to respond within such time limits, shall be
deemed approval by such agencies.
SECTION 3. SEVERABILM:
Should any provision of this local law be determined to be
invalid by any court of competent jurisdiction, such
detezmi +ation shall not affect any other provision of this
local law.
SECTION 4. EFFECPIVE DATE:
This local law shall take effect immediately.
18
379
June 30, 1986
PUBLIC HEARING - Freshwater Wetlands and Water Courses
Local Law No. 7-1986
On motion by Councilman Lerman, seconded by Councilwoman
Silverstone, it was unanimously
RESOLVED, that the Public Hearing
be, and it hereby is declared open.
The Town Clerk presented for the record the Affidavit of
Publication and Posting of the Notice of Hearing.
Supervisor Battalia presented this proposed local law, and Town
Counsel, Steven Silverberg, explained that its purpose is to
implement the Freshwater Wetlands Act under the Environmental
Conservation Law of the State of New York and to protect other
water courses throughout the Town by regulating the usage of and
modifications to wetlands, lakes, ponds, and reservoirs and
rainfall drainage systems within the Town of Mamaroneck.
Supervisor Battalia asked if anyone wished to speak in favor or in
opposition of the proposed legislation. No comments were offered.
Town Counsel, Steven Silverberg, stated that it was necessary to
adopt a Map of May 1986, which identifies these wetlands (within
100 feet of the dark lines) . Discussion followed regarding the
date and authorship of this map and the revision for the wetlands
delieation.
Two corrections were agreed upon: 1. on page 2, paragraph B,
eliminate the word 11individuals;11 2. add the words "Planning
Board" at the end of the sentence in Section C.
On motion by Councilman Chapin, seconded by Councilman Lerman, it
was unanimously
RESOLVED, that the Public Hearing
be, and it hereby is declared closed.
Thereafter, on motion of Councilman Amlicke, seconded by
Councilman Lerman, it was unanimously
WHEREAS, the Town Board of the Town
of Mamaroneck has met on this date,
at the time and the duly posted
place removed to after being specified
in the Notice of Public Hearing to
consider the adoption of proposed
Local Law No. 7-1986, and has heard
all persons desiring to be heard
thereon;
NOW, THEREFFORE BE IT
RESOLVED, that this Board does hereby
adopt Local Law No. 7-1986 entitled
"Freshwater Wetlands and Water Courses"
and the said Map of May 1986 which
identifies these wetlands, and orders
that said local law be adopted and
herewith inserted and be made a part
of the minutes of this meeting.
19
:AGO
June 30, 1986
The question of the adoption of the foregoing resolution
was duly put to a vote on roll call, which resulted as
follows:
Dolores A. Eattalia VOTLNG Ave
-- Thomas R. Amlicke VOTIM Ave
Caroline Silverstone VOTING Ave
Lawrence A. Lennan VOTING Ave
Stephen C. Chapin VOTING Aye
The resolution was thereupon declared duly adopted.
Local Law No. 7 - 1986
FRF_RiiwmTF!R WETLANDS AND WZ= COURSES
88-1 PURPOSE
The Purpose of this local law, which shall be known as the
Freshwater Wetlands and Water Courses Protection Law of the
Town of Mamaroneck, is to implement the Freshwater Wetlands
Act under the Environmental Conservation Law of the State of
New York (Article 24) and protect other water courses
throughout the Town. It is the intent through this local law
to protect the public health, safety and welfare by
regulating the usage of and modifications of wetlands, lakes,
pond, and reservoirs and rainfall drainage systems within the
Town of Mamaroneck.
88-2 DEFINITIONS
As used in this local law, the following tenors shall have the
meanings indicated or the terms used shall have their common
meaning:
A. Control Areas:
As defined in this local law, any one or more of the
following categories shall be considered a control area:
1. Wetlands:
Shall mean any area consisting of one-quarter acre
or more designated on the Town of Mamaroneck
Freshwater Wetlands Map dated May, 1986 containing
the characteristics set forth in the Environmental
Conservation Law of the State of New York Section
24-0107 (1) as well as any area within one hundred
feet of the seasonably flooded basins or flats and
inland fresh meadows.
2. Rainfall Drainage Systems:
Those existing interconnected networks of depressed
contours and enlargements thereto which by virtue of
their location convey surfacr water runoff from its
source to and including its ultimate points of
discharge wholly or partially within Town limits.
The controlled area of said rainfall drainage systems
shall include the greater of:
a. All adjacent conributory surfaces of elevation
less than (5) feet above the high water mark
from a once-in-ten-year frequency storm.
20
June 30, 1986
b. All adjacent contributory surfaces within one
hundred (100) feet measured horizontally in
all directions from the high-water mark from
a once-in-ten-year frequency storm.
-- 3. Ponds, Ickes, Reservoirs:
Areas of permanent Water retention fed by springs or
rainfall drainage systems and which have one (1) or
more points of outlet. The controlled area shall
include the pond, lake or reservoir and all adjacent
ground surface within thirty-five (35) horizontal
feet of the watermark when full to overflow level.
B. Person:
Includes the singular and the plural and shall include an
individual, a form, corporation, partnership, foundation,
association, company, institution, organization or any
other recognized legal entity.
C. Planning Board:
Shall mean and constitute the Tam of Mamaroneck Planning
Board.
88-3 CLASSIFICATION OF WETLANDS
Pursuant to Title 6, Part 664.5 if the New York State Rules
and Regulations of Article 24 of the Environmental
Conservation Law, all wetlands on the Tam of Mamaroneck
Freshwater Wetlands Map, dated May 1986, are classified as
"Class I Wetlands."
"Class I Wetlands" are tributary to a body of water which
could subject a substantially developed area to significant
damage from flooding or from additional flooding should the
wetland be modified, filled or drained. (Please see 6 NYCRR
664.5 (5) .)
"Class I Wetlands" provide drainage basins with a natural
stormwater retention facility. The loss of a significant
area of wetland within a drainage basin may therefore
aggravate flooding, erosion and sedimentation in the
immediate downstream area. (Please see 6 NYCRR 664.6 (d) (1) .)
88-4 REGULATING AU1WRITY
A. The Planning Board of the Tam of Mamaroneck shall review
all applications and take appropriate action on all
projects submitted for review pursuant to this loal law
and shall be charged with the enforcement of this local
law as is otherwise provided herein. The Planning Board
shall further investigate and report on water
conservation and drainage problems referred to it by the
Town Board and shall coordinate water planning with the
planning of adjacent communities, counties and adjacent
goverrnment authorities when requested to do so by the
Tam Board.
21
June 30, 1986
B. The Town Engineer or Consulting Engineer shall furnish to
the Planning Board such recommendations and engineering
data as the Planning Board shall request and require and
the Town Engineer or Consulting Engineer shall advise the
Planning Board on all other matters within the
-- jurisdiction of the Planning Board pursuant to this local
law, and upon request of the Planning Board shall be
present at meetings and deliberations for the purposes of
providing engineering advice.
88-5 APPLICATIONS
REGULATED ACTS WITHIN CONTROLLED AREAS.
A. Prohibited Acts:
The following acts shall be prohibited for al controlled
areas:
1. Placement or depositing of debris or unlawful
organic or inorganic chemicals or chemical waste;
2. Introduction of influents of sufficiently high
thereto content as to cause delitorious ecological
effects.
B. Permitted Acts:
The following acts within a controlled area are permitted
only after a permit for such activity has been granted by
the Planning Board pursuant to this local law:
1. Any form of dredging, dragging, excavation, removal
of soil, mud, sand, shell, gravel or other aggregate
from any freshwater wetland, either directly or
indirectly;
2. Any form of dumping, filling, or depositing of any
soil, stone, sand, gravel, mud, rubbish or fill of
any kind, either directly or indirectly;
3. Erecting any structures, roads, the driving of piling
or placing of other obstructions whether or not
changing the even flow of the water;
4. Any form of pollution not otherwise specifically
prohibited in paragraph A above. Any disruption
of flow, extension of or expansion of any rainfall
drainage system, decrease or increase of the flow
velocity, digging of wells other than wells
intended solely for domestic water suply for single
family stuuctures;
5. Any any other activity which substantially impairs
any of the several functions served by Freshwater
Wetlands or other controlled areas and the benefits
derived therefrom.
22
June 30, 1986
C. Exemptions:
The following acts are excluded from the application of
this local law:
1. Normal lawn and garden maintenance;
2. Tree trimming, pruning and bracing:
3. Ordinary repair and maintenance of existing stone
walls and retaining walls, provided same does not
affect the existing flow of any stream, water course
or rainfall drainage system;
4. Decorative landscaping, including the addition of
trees and plants.
D. Emergency Provisions:
Sub-section B of this section shall not apply to
emergency work in the controlled area which is
immediately necessary to protect the health, safety and
well being of any person or to prevent damage to personal
or real property, provided that the Planning Board is
given written notification within forty-eight hours of
the commencement of such work and within forty-eight
hours of completion of such work. Such emergency work
shall be performed solely to alleviate the emergency
condition in a manner which causes the least change,
modification, disturbance or damage to the controlled
area.
88-6 PERMIT PROCEDURES
A. Any person proposing to conduct or cause to be conducted
regulated activity upon any controlled area shall file
fifteen copies of an application, maps and other
supported data required by this local law with the Town
Clerk.
B. Upon receipt of said application, the Town Clerk shall
cause one copy to be filed in the Office of the Clerk and
notice of such application, with a copy of the
application supporting data, to be mailed to all local
governments where the proposed activity, or any part of
it, is located including the County of Westchester. All
additional copies will immediately be transmitted to the
Secretary of the Planning Board for processing.
C. Within sixty days of the submission of the application
but in no case sooner than thirty days after submission
and after notice is published in the official newspaper
of the Town, the Planning Board shall hold a public
hearing upon the application unless a determination is
made that a waiver of such public hearing is appropriate.
23
f
June 30, 1986 4
D. In cases where there has been no notice of objection and
the Planning Board finds that the activity proposed is of
such a minor nature as not to affect or endanger the
balance of the systems of the controlled area, and the
Planning Board has determined that the act is compatible
pursuant to Title 6 of the New York State Rules and
Regulations Section 665.7, it may, in the exercise of its
discretion, dispense with a hearing.
1. In the instance where the Planning Board determines
to dispense with a hearing, it shall prepare
specific findings setting forth the reason for same
and file, within ten days of said decision, a copy
of such findings with the Town Clerk and forward a
copy to all local governments in which the proposed
work or any part of it is located, as well as all
persons that may have filed a statement with the
Town following publication of notice of application.
E. Not less than fifteen (15) days prior to the date of
hearing, if the hearing is to be held, all owners of
record or adjacent properties and all local governments
where the proposed activity is located shall be notified
by certified mail of the date, time and place of said
hearing and the purpose thereof.
F. Jurisdiction over local government: The Planning Board
shall not have jurisdiction over any application in a
wetland by the Town or any other local government. All
such applications shall be referred to the New York State
Department of the Environmental Conservation pursuant to
Article 24 of the Environmental Conservation Law and the
provisions of Title 6 Part 665.6 of the New York State
Code of Rules and Regulations.
G. In all instances, hearings pursuant to this local law
shall, as much as practicable, be held in conjunction
with all other hearings conducted by the Planning Board
regarding the same property.
H. Within forty-five days of the closing of any hearing on
an application pursuant to this local aw, the Planning
Board shall render its decision in writing on an
application for a permit.
88-7 FORM OF APPLICATION
A. The form of application provided pursuant to this local
law shall be as follows:
1. The name and address of the record owner of the
property;
2. The name and address of the applicant if other than
the record comer;
3. The tax map decription of the property and Where
applicable, the street where the property is located
and the nearest intersecting street;
24
June 30, 1986
4. Maps indicating the location of applicants entire
property and adjacent properties within five hundred
feet of the entire site as well as the location of
the controlled areas on that site and adjacent sites
on a scale of no more than fifty feet to the inch
and the exact location of the property where the
proposed action shall take place.
5. Where requested by the Planning Board, existing
topography and proposed grade elevations in
intervals of two feet or less;
6. The location of all structures, buildings, bridges,
retaining walls, walls or dams located on the
property;
7. Such other information as the Planning Board in its
discretion may require for the purpose of determining
the application.
88-8 STAMMMS FOR ISSUING OF PERMITS
A. No permit for a wetland shall be granted pursuant to this
local law unless there has been full compliance with the
standards of Article 24 of the Environmental Conservation
Law and Title 6 of the New York Code of Rules and
Regulations Part 665.7 (e) . In determining whether to
issue a permit for a wetland, the Planning Board must
make specific findings as to compliance with said
regulations. In all cases, in determining when to issue
a permit, the Planning Board shall make specific findings
in writing that the proposed activity meets the following
criteria:
1. The proposed activity must be compatible and
consistent with public health and welfare, including
physical health and related Federal, State, and local
laws relating to public health and welfare.
2. The proposed activity must be demonstrated as being
the only practicable alternative if no other activity
if physically or economically feasible. This does
not, however, mean that the most profitable or least
costly alternative is the only feasible one nor that
the least profitable or most costly alternative is
the only feasible one.
3. consideration of the economic and social need for the
proposed activity and the economic and social burden
that would be imposed upon he public. Public
economic and social burden may include:
a. Associated services, such as sewer systems,
schools and fire and police protection,
necessitated by the proposed activities;
b. Prevention of contamination, flood or other
damage to the proposed development on the
wetland by methods such as channelization,
alteration of land, alteration of water flow,
draining or construction of dams, dikes or
levies;
25
June 30, 1986
C. And/or services and repairs such as medical
tee, pumping, cleaning, dredging, and emergency
assistance as a result of contamination,
flooding or other damage to the proposed
development in the controlled areas. (Nothing
contained herein precludes the consideration of
any issue which must be addressed under Article
8 of the Environmental Conservation Laws of the
State of New York.)
4. The impact of the proposed activity upon the
controlled area and its adjacent areas.
B. No permit shall be granted unless the Town Engineer or
Consulting Engineer has had an opportunity to review the
application and plan submitted by the applicant and
submitted caamnents and recoamnendations in writing to the
Planning Board.
88-9 CONDITIONS OF PERUT
A. Duration:
The Planning Board shall specify in its resolution and
findings of approval the expiration date of any permit
granted pursuant to this local law. However, all perntiits
shall expire upon the completion of the act specified
therein and in no event shall a permit be valid for a
period of more than one year.
1. Any pernait issued pursuant to this local law shall be
solely for the benefit of the person to whom it is
issued and may not be transferred in any manner to
any other person.
B. Bond:
The Planning Board shall require, in all instances in
which a penuit is granted, that a bond, in an amount
necessary for the protection of the interests of the Town
and/or adjacent property, be placed by the applicant
running in favor of the Town in a form satisfactory to
the Townes Attorney; or, in the alternative, shall make a
cash deposit with the Town Comptroller in the amount of
said bond to insure the satisfactory completion of the
project and the rehabilitation of affected or disturbed
areas. Any performance or rehabilitation bond provided
for herein shall be in addition to any other bond which
may be required by the Town Board in connection with the
excavation and transportation of materials, or by the
Planning Board for performance of any other work required
pursuant to site plan or subdivision approval.
C. Renewals
On the expiration of a permit issued pursuant to this
local law, the Planning Board may at its discretion renew
such permit for two periods of no more than six months
each. The Planning Board shall detennine, upon
application for renewal, whether to hold a public hearing
26
37
June 30, 1986
on said renewal, and may at its discretion hold such
hearing if it deems it to be necessary. In no event may
the Planning Board extend a permit for more than two
periods of six months each unless it holds a public
hearing and follows the procedures set forth herein for
an initial application for a permit.
88-10 INSPECTION
A. The Building Inspector, Deputy Building Inspector,
Assistant Building Inspector and Town Engineer shall be
supplied with copies of the permits issued under the law;
and each of then is designated as an inspection agent for
the Planning Board for the purposes of determining, from
time to time compliance with the terms of any permit
issued under this local law. For the purpose of such
inspection, the Building Inspector, his deputies and
assistants, and the Town Engineer shall have the right to
enter upon and inspect any work.
B. Violation: The Building Inspector, Deputy Building
Inspector, Assistant Building Inspector or Town Engineer
shall have the power to issue violations of permits
issued under this local law and demand remedial action
and to further initiate such proceedings as are necessary
to enforce the provisions of this law.
88-11 PENALTIES
A. Violation of this local law shall constitute a
misdemeanor punishable by up to six months in jail and a
fine not exceeding $1,000.00.
B. Implementation of any proceeding in the local court
seeking criminal penalties pursuant to this local law
shall not preclude the Town from commencing such other
civil action as may be permitted in law or equity to
restrain violations or threatened violations of this
local law and to obtain damages therefore.
88-12 GRIEVANCES
Any person aggrieved by a decision of the Planning Board with
reference to an appliation for a permit herein, may seek
review pursuant to Article 24 of the Environmental
Conservation Law of the Stte of New York either by the
Freshwater Wetland Appeals Board of the State of New York or
through implementation of a civil action pursuant to Article
78 of the Civil Practice Law and Rules. Any such appellate
review shall be governed by applicable state law.
88-13 SEVERABILITY
Should any court of competent jurisdiction declare any
provision of this local unconstitutional or otherwise
illegal, such declaration of invalidity shall not affect any
other provisions of this local law.
27
38
June 30, 1986
88-14 EFFECTIVE DATES
As to all controlled areas other tha Freshwater Wetlands,
this local law shall take effect immediately. With
regard to Freshwater Wetlands, this local law shall take
effect upon compliance by the Town with Article 24 of the
Environmental Conservation Law and the Provisions of
Title 6 of the New York Code of Rules and Regulations,
and upon receipt of notice by the Commissioner of the
Department of the Environmental Conservation, that this
local law complies with the requirements of that
Department and the laws, rules and regulations under
which it operates.
PUBLIC HMRING - Proposed Local Law-Erosion and Sediment Control
On motion by Councilman Lerman, seconded by Councilwoman
Silverstone, it was unanimously
RESOLVED, that the Public Hearing
be, and it hereby is declared open.
The Town Clerk presented for the record the Affidavits of
Publication and Posting of the Notice of Haring.
Supervisor Battalia presented this proposed local law, and
Mr. Silverberg stated that it was the recommendation of the
Coastal Zone Management Commission not to go forward with
this law as it has been learned from the County Soil and
Conservation Control Board that the County has made changes
so the local law should be delayed until a better County
Model Law is drawn up.
On motion by Councilman Amlicke, seconded by Councilman
Lerman, it was unanimously
RESOLVED, that the Town Board of
the Town of Mamaroneck does hereby
table the proposed local law on
Erosion and Sediment Control until
it can be redrafted to better
conform with the County's proposed
changes.
The question of the adoption of the foregoing resolution
was duly put to a vote on roll-call, which resulted as
follows:
Dolores A. Battalia VOTING ave
Thomas R. Amlicke VOTING aye
Caroline Silverstone vm7PING ave
Lawrence A. Lerman VOTING ave
Stephen C. Chapin VOTING ave
The resolution was thereupon declared duly adopted.
28
389
June 30, 1986
PUBLIC HEARING - Proposed Local Law No. 8-1986
Amendment to Environmental Quality Review
On motion by Councilman Lerman, seconded by Councilwoman
Silverstone, it was unanimously
RESOLVED, that the Public Hearing
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.
Supervisor Battlaia presented this proposed local law, and Town
Counsel, Steven Silverberg, explained that the purpose of this law
is to adopt the designation of Critial Environmental Areas with
the Unincorporated Area of the Town of Mamaroneck based upon the
study and recommendation by the Coastal Zone Management committee
and the Conservation Advisory Commission to preserve and protect
the natural resources of the areas designated. Each of these
areas provides a natural setting as a fish and/or wildlife
habitat, a source of important vegetation and natural process, and
has inherent ecological and hydrological sensitivity to change
which could easily be adversely affected.
Supervisor Battalia asked if anyone wished to speak in favor or in
opposition to the proposed law, there being no response, on otion
by Councilman Amlicke, seconded by Councilman Lerman, it was
unanimously
RESOLVED, that the Public Hearing
be, and it hereby is dellared closed.
On motion by Councilwoman Silverstone, seconded by Councilman
Chapin, the following resolution was unanimously adopted:
WHEREAS, the Town Board of the Town
of Mamaroneck, has met on this date,
at the time and the duly posted
place removed to after being
specified in the Notice of Public
Hearing to consider the adoption
of proposed Local Law No. 8-1986,
and has heard all persons desiring
to be heard thereon:
NOW, THEREFORE BE IT
RESOLVED, that this Board does hereby
adopt Local Law No. 8-1986 entitled
"Environmental Quality Review" and
the Maps and three descriptions of
the critical areas known as the
Premium Salt Marsh Complex, the
Hammocks Salt Marsh Complex, and
the the Reservoir Sheldrake-
Leatherstocking Freshwater Wetland
Complex, and orders that said local
law be adopted and herewith inserted
and be made a part of the minutes of
this meeting.
29
June 30, 1986 390
The question of the adoption of the foregoing resolution
was duly put to a vote on roll call, which resulted as
follows:
Dolores A. Battalia VOTING aye
Thomas R. Amlicke V0Tn0 aye
Caroline Silverstone VOTING ave
Lawrence A. Lerman VOTING aye
Stephen C. Chapin VOTING ave
The resolution was thereupon declared duly adopted.
Local Law No. 8 - 1986
Local Law to amend Local Law No. 4 of 1985
ENVIRONMENTAL QUALrry REVIEW
1. PURPOSE
The purpose of this local law is to adopt, pursuant to
Section 617.4 of Title 6 of the New York Code of Rules and
Regulations, Unincorporated Town of Mamaroneck based upon the
study and recommendation made by the Coastal Zone Management
committee and the Conservation Advisory Commission in order
to preserve and protect the unique natural and environmental
resources of the areas designated. Each of these areas
---- provides a natural setting as a fish and/or wildlife habitat,
a source of important vegetation and natural process, and has
inherent ecological and hydrological sensitivity to change
which could easily be adversely affected.
2. DESIGNATION OF CRITICAL ENVIRONIENP AREAS
Local Law No. 4 of 1985 Environmental Quality Review is
hereby amended by adding the following provision:
Section 23-14 (u)
Any facility, development, or project located partly or
wholly inside of substantially contiguous to, or having an
adverse impact on, the following specific areas which are of
critical environmental concern to the community because of
their exceptional or unique characteristics. Each of these
areas is more specifically set forth in a map and description
on file in the offices of the Town Clerk of the Town of
Mamaroneck.
1) The Premium Salt Marsh Complex;
2) The Homocks Salt Marsh Complex;
3) The iarctmont Reservoir - Sheldrake-Leatherstocking
Freshwater Wetland Complex.
In all places where the Sheldrake or Premium Rivers, or any
stream, pond or tributary connecting thereto, intersect
private property lines, as shown on the Town of Mamaroneck
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June 30, 1986
Assessment Maps, the Critical Environmental Area boundary is
the stream bed of the said rivers or tributary, pond or
stream, and all land within 30 feet on either side thereof.
3. EFFECTIVE DATE
This local law shall become effective immediately upon filing
with the Secretary of State and the designations contained
herein shall take effect thirty days after filing of
notification with the New York State Department of
Environmental Conservation that the above described areas
have been designated as critical areas of environmental
concern.
4. SEVERABI=
Should a court of competent jurisdiction declare any portion
of this local law unconstitutional or illegal, such
designation shall not affect any other portion of this local
law.
Descripton of a Critical Environmental Area
In the Town of Mamaroneck
Known as the Premium Salt Marsh Complex
A. General Description
This area, totaling some 40 acres, consists of major parts of
the Premium River, Premium Marsh, and Premium Mill Pond, and
associated lands and waters nearby. Together with the
smaller Pine Brook - Premium Border, an adjacent Critical
Environmental Area in the neighboring Village of iarchmont,
and with similar marshlands and waters in the adjoining
coastal section of New Rochelle, this Complex constitutes an
important coastal fish and wildlife habitat area; offers
major aesthetic and recreational values; and contributes to
the mitigation of flooding through the capacity of the marsh
to absorb storm water. Being located at the south of the
Pine Brook - Premium watershed, which drains highly developed
residential and commercial areas, this Codex requires
protection against the adverse impact of flooding, siltation
and pollution.
B. Detailed Description
All block and lot numbers, rivers, ponds, river banks,
boundaries, etc., referred to in this description are as
shown on the Tax Assessment Maps of the Town of Mamaroneck.
1. In Block 504•
A strip of land, owned by the Town of Mamaroneck and
forming prt of the Premium River Conservation Area
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June 30, 1986
dedicated by the Town, bounded on the wet by Lots 580,
588 and 471 and on the east and southeast by Block 506;
on the south by Dillon Road; and on the north by Block
505.
2. In Block 505:
All of Lots 229, 264 and 510, all of which are owned and
dedicated by Town of Mamaroneck as parts of the Premium
River Conservation Area.
Also those parts of Lots 433 and 446 bounded by a line
beginning at the southeast corner of Lot 446 and
coinciding with the eastern boundaries of both lots, as
far as the northeast corner of Lot 433; thence running
west along the north boundary of Lot 433 for 78.64 feet;
thence southerly on a line perpendicular to the preceding
line, crossing both of the said lots to the south
boundary of Lot 446; thence easterly along the said south
boundary to the starting point.
Also, the northeasterly portion of Lot 218 bounded on the
north and east by the north and east boundaries of the
said lot and on the southwest by two lines projected
respectively approximately 80 feet from the northwest
corner of the lot and approximately 90 feet from the
southeast corner of the lot, both lines terminating and
meeting at a point within the lot 22 feet distant from
the nearest point on the north boundary of the said lot.
3. In Block 506:
All of lots 320, 325, 460 and 487, and so much of the
stream bed of the Premium River within the said Block as
lies within the Town of Mamaroneck: All of which lands
and waters are part of the Premium River Conservation
Area awned and dedicated by the Town of Mamaroneck.
Also, as much of Lot 147 as lies north and east of a line
described as follows: Beginning at a point on the south
boundary of Lot 320, 30 feet from the extreme west end of
the said boundary, thence southeasterly approximately 35
feet to the north end of the boundary line between Lot
147 and Lot 334; thence easterly and southerly along the
boundary lines between Lot 147 on the one hand and lots
334 and 324 and the first segment (78.82 feet) of the
boundary line between Lot 147 and Lot 314; thence
southeasterly on a line ending at the southeasternmost
point in Lot 147.
Also, so much of Lot 96 as lies to the north of a line
described as follows: Beginning at the northwestern
extremity of Lot 304; thence to the northeastern
extremity of Lot 304; thence easterly 85 feet on a line
drawn between the northeastern extremity of Lot 304 and a
point on the southeastern boundary line of Lot 96 distant
179 feet from the south end of the said boundary line;
thence turning and running northeasterly approximately
110 feet on a line that meets the said boundary line at a
point 250 feet from its south end.
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June 30, 1986
4. In Block 507•
So much of Lot 1 as lies north of a line described as
follows: Beginning at the last point of meeting on the
southeastern boundary line of Lot 96, Block 506, as
described above, and continuing on the same bearing as
that of the immediately preceding (approximately 110
foot) described line for a distance of 60 feet within Lot
1; thence turning and also, so much of the Premium River
and its nearby banks as extends from the Village of
Larchmont boundary on the easterly side to the nearest
boundaries of Lots 1, 11, 22, 44, 66, 76 and 90 on the
westerly side, and eastward and southward of the said
lots from the Village of Iarckmont boundary to the New
Rochelle boundary downstream to, and including, the
bridge over the Premium River at Pryer Manor Road; and
all land not otherwide here described in Block 507 lying
within 10 feet of the Premium River bank.
5. Premium Mill Pond:
Adjoining Block 508, so much of the Premium Mill Pend
(approximately 20 acres) as lies within the Town of
Mamaroneck. Also, within Block 508, all land within 10
feet of the sea wall abutting the Premium Mill Pond.
6. Echo Bay
All Town of Mamaroneck waters in Echo Bay within or
adjacent to Blocks 509 and 510 between the New Rochelle
boundary and the southeast (Premium Point) shore of Echo
Bay, and all land along the sea wall on the Echo Bay
shore of Premium Point in Blocks 509 and 510 lying within
10 feet of Echo Bay and northward of a line drawn across
the said bay from the westernmost extremity of Lot 5o in
Block 510 westerly to the nearest point on the New
Rochelle boundary, the said line being the southern
(seaward) boundary of this Critical Erroironmental Area.
Description of a Critical Environmental Area
In the Town of Mamaroneck
Known as the Homacks Salt Marsh Complex
A. GE MAL DESCRIPTION
This area, totaling some 14 acres, includes all lands and
adjacent waters within, and certain land directly upstream
from, the Hammocks conservation Area, of which approximately
4 acres are within the Town of Mamaroneck and are owned by it
and dedicated by it as parkland and open space. Together
with an adjacent Critical Environmental Area in the Village
of LarcYmont known as the He m mocks Border, and with a portion
of the Honiocks Conservation Area lying across the boundary
in the Village of Mamaroneck and similarly dedicated by that
Village, this Complex constitutes an important coastal fish
33
June 30, 1986 394
and wildlife habitat area; offers major aesthetic and
recreational values; and therefore merits special protection
from adverse impact of future action in the highly developed
residential and commercial areas immediately upstream.
B. DOM= DESCRIPTION
All block and lot numbers, water bodies and other
geographical features referred to below are as shown on the
Tax Assessment Maps of the Town of Mamaroneck.
1. Hampshire Area
In Block 414, all of Lot 20, comprising that part within
the unincorporated area of the Town of Mamaroneck.
2. Hormmocks Marsh and Hammocks Peninsula Area
In Blocks 415, 416 and 417, connected lands and waters
consisting of the Town of Mamaroneck portion
(approximately 4 acres) of the Hammocks Conservation
Area, and waters extending from it southwestward and
southward around part of the Hammocks Peninsula into
Larcbmont Harbor; the whole being bounded as follows:
Beginning in Block 415 at a point on the southwest side
of Hammocks Road 271.69 feet northwest of the
intersection between the said southwest side of Hammocks
Road and the boundary of the Village of Mamaroneck, and
running thence southwesterly 70 feet on a line
perpendicular to Hammocks Road; thence turning and
running southerly approximately 415 feet to the eastward
end of the retaining wall separating the Hammocks
Athletic Field from the Hammocks Marsh; thence turning
and running southwesterly 142.64 feet along the whole
length of the retaining wall to the boundary of the
Village of Larchont; thence turning and running southerly
along the said boundary to the point on the said boundary
nearest to the southermost point of land in Block 417,
Lot 41; thence turning 90 degrees eastward and running
easterly to the said point of land in Block 417, Lot 41;
thence turning and running irregularly northwest, north
and east along the shoreline of the Hormmocks Peninsula,
following the water grant line or, where none is shown,
the high water mark, past Lots 41 and 1 in Block 417 and
Lots 1, 36, 75, 86, 112 and 136 in Block 416; thence
turning and running northerly along the Village of
Mamaroneck boundary to the intersection with the
southwest side of Homnocks Road; thence along the said
southwest side of Hammocks Road 271.69 feet to the point
of beginning.
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95
June 30, 1986
Description of a Critical Emrironmental Area
In the Town of Mamaroneck
Down as the Reservoir-Sheldrake-Leatherstocking
Freshwater Wetland Complex
A. General Description of Component Parts and Their Value to the
Community
This Complex consists of five areas of open space in the
Unincorporated Area of the Town, together with connecting
water bodies (streams, ponds and drainage ditches) and land
margins immediately adjacent to such water bodies as provided
herein. All these parts of the Complex are situated in the
Sheldrake River watershed. Together they constitute an
important fish and wildlife habitat complex (see Policy 7/7A
of the Town of Mamaroneck - Village of Larohmont Local
Waterfront Revitalization Program) . The open spaces in the
Complex provide water-retention capacity which contributes to
the lessening of flooding and erosion in downstream parts of
the watershed; they also provide visual relief and associated
recreational values in this highly developed area. The
wetlands and water bodies in the Complex, in view of their
ecological, drainage, and related educational and
recreational values, require special protection from
flooding, siltation, pollution, and other types of adverse
impact.
The total area of the Complex is approximately 529 acres.
B. Summary of Component Parts
The component parts of the Complex can be summarized as
follows:
1. The Winged Foot Holding Corporation property, chiefly a
golf course: area 280.7 acres.
2. Open space in the Bonnie Briar Holding Corporation
property, chiefly a golf course: area approximately 150
acres.
3. The Town of Mamaroneck portion (12.76 acres) of the
Larchmont Reservoir-James G. Johnson, Jr. Conservancy,
dedicated open space owned by village of Larchmont.
4. The Sheldrake and Leatherstocking Conservation Area
(dedicated parkland of the Town of Mamaroneck) : 55
acres.
5. The Badger Sports Club property: 7.53 acres.
6. All parts of the Sheldrake River located in the
unincorporated area of the Town outside the boundaries of
the open space areas identified in Paragraphs 1 through
5, including the West Branch, East Branch, and main stem
35
June 30, 1986
of the river and all open streams and ponds tributary
thereto, together with all land within 10 feet of the
nearest bank or edge of such tributary stream or pond;
and all drainage easements or Town of Mamaroneck
parklands, not otherwise identified herein, containing
-_ natural or man-made water courses or drainage ditches
flowing into the river or its tributaries; estimated
total area approximately 24 acres.
All open-space areas and all ponds, streams, drainage
ditches and parklands in this Complex are described in
Part C below on the basis of boundaries and locations
shown on the Tax Assessment Maps of the Town of
Mamaroneck.
C. Detailed Description
1. Winged Foot area northeast of Fenimore Road
All of Block 347, consisting entirely of the Winged Foot
Holding Corporation property: 280.07 acres.
In Block 344, the entire stream bed intersecting Lots
112, 99 and 86, and so much of the said lots as lies
within 10 feet of either stream bank.
In Block 346, all parts of the pond extending eastward
from Block 347 into Lots 65 and 94, and all land in the
said lots within 10 feet of the edge of the said pond;
--- also, a pond intersected by the boundary between Lots 325
and 94 and all land in the said lots within 10 feet of
the edge of the said pond.
In Block 315, two ponds and connecting streams flowing
southeaterly through Lots 348, 235, 802, 144, 213, and
171 into the Leatherstocking Conservation Area, and all
land in the said lots within 10 feet of the edge of
either pond or either bank of the said streams.
In Block 312, two streams entering Lot 1 from Block 309
to the north and est, joining within Lot 1 and flowing
thence southwesterly to Fenimore Road; and all land in
the said lot within 10 feet of either bank of either of
the said streams.
In Block 325, a pond intersected by the boundary between
lots 81 and 92, and all land in the said lots within 10
feet of the edge of the said pond.
In Block 307, a drainage eastment 25 feet wide running
southerly through the east ends of Lot 88, 73, 63 and 51,
then crossing Lot 51 in southwesterly direction, then
following the west ends of Lots 40, 26, 13, and 1, and
ending at Kolbert Drive.
In Block 308, a continuation of the drainage eastment
from Block 307, running parallel to Kolbert Drive across
the west ends of Lots 146, 132, 118, 106, 93 and 89; and
a stream flowing from the said drainage easement through
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®, a
June 30, 1986
a parcel owned by the Town of Mamaroneck known as Parcel
"All to the south boundary of the said block; and all land
within 10 feet of the said stream: all water courses
described in this Block being part of the East Branch of
the Sheldrake River.
In Block 305, the stream bed of the Sheldrake River (East
Branch) as it enters the Town from Scarsdale and flows
southerly across Lot 903, crosses the northeast corner of
Lot 922, and re-enters Lot 903, then crosses Lots 5,
1057, and 15.
In Block 301, a pond, together with a stream draining the
pond, in Lot 73, and another stream originating southwest
of said pond in the northeast corner of Lot 1 which then
crosses the southernmost corner of Lot 73; both streams
then flowing into a tributary of the East Branch of the
Sheldrake River in the adjoining Block 302; and all land
within 10 feet of the edge of the said pond or the bank
of either of the said streams.
In Block 302, several streams tributary to the East
Branch of the Sheldrake River, which enter Block 302 from
Blocks 301 and 304 and flow generally southward in Lots
500, 54 and 1, or along or near the boundary between Lot
54 on the east and Lots 500 and 1 on the west; and
another stream flowing from Lot 70 into Lots 54 and 1;
and all land within 10 feet of the banks of the said
streams.
2. Bonnie Briar area, sothwest of Fenimore Road
In Block 225, all of Lot 1, property of the Bonnie Briar
Holding Corporation (141.4 acres) .
In Block 201, all of Lot 19, property of the Bonnie Briar
Holding Corporation (8.59 acres) .
In Block 309, a stream, part of the East Branch of the
Sheldrake River, flowing southwesterly through Lots 10,
9, 8, 7, 6, 27, 28, and 29, and ponds and retention areas
in or party in Lots 10, 19, 20, 23, 24, 25, 28, and 30;
and all land within 10 feet of the said stream, ponds and
retention areas.
In Block 226, a tributary of the East Branch of the
Sheldrake River as inflows southeasterly from Block 225,
intersecting Lots 1 and 258, then flowing along or near
their boundaries with Fenimore Road, then intersecting
Lot 232, 55 and 98; and all land within 10 feet of the
bank of said stream.
In Block 228, a drainage easement 25 feet wide
intersecting Lots 360 and 375 east of York Road, such
easement including the course of the portion of the East
Branch of the Sheldrake River; the East Branch of the
Sheldrake River as it flows through Lots 27, 46, and 75,
and all land within io feet of the river bank in said
Lots; and all of Lots 78 and 156, which Lots are park
land owned by the Town of Mamaroneck, through which the
East Branch of the Sheldrake River flows southward into
the Sheldrake River Conservation area.
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June 30, 1986
In Block 222, the West Branch of the Sheldrake River as
it flows eastward out of Block 225 into Lot 627 where it
changes course and flows south, then west, then southerly
along or near the boundary between Lots 627, 606 and 585
on the east bank and Lots 536 and 546 on the west bank,
then flows under a bridge at Bonnie Briar Lane and
continues southerly along or near the boundary between
Lots 194 and 205 on the east bank and Lots 235 and 246 on
the west bank, from which point it enters the Sheldrake
River Conservation Area; and all land within 10 feet of
the bank of the said West Branch as it follows the course
in Block 222 herein described.
3. Larcbmont Reservoir area
In Block 103, all of that portion (12.76 acres) of the
Larchmont Reservoir - James G. Johnson, Jr. Conservancy
lying within the Town of Mamaroneck, being property of
the Village of LarcYmwnt dedicated by it as permanent
open space.
In Block 104, all portions of tributaries of the West
Branch of the Sheldrake River in Lots 273 and 265 and on
Bonnie Way parallel to the east boundary of Lot 288;
also, a tributary of the West Branch of the Sheldrake
River as it emerges on the surface and flows east, then
north, across Lots 44, 52, 68, 76, 84 and 92 then enters
Lot 119 where it flows into the West Branch west of
Weaver Street; and all land within 10 feet of the banks
-- of said tributaries.
4. Sheldrake and Leatherstockim Conservation areas
The entirety of the Sheldrake and Leatherstocking
Conservation areas, comprising approximately 55 acres of
park land, the property of, and dedicated by, the Town of
Mamaroneck, extending in an approximately east-west
direction through Blocks 105, 106, 222, and 224; thence
between Blocks 229 and 228 on the north and 210 on the
south; thence through Block 209, thence northeasterly
along the boundary between Blocks 204 and 208, thence
northeasterly through Block 205 to Fenimore Road; thence
east of Fenimore Road across Blocks 314, and 320 to the
Village of Mamaroneck boundary at Old White Plains Road.
Also in Block 105 but outside the Conservation areas
described in the preceding paragraph, tributaries of the
Sheldrake River flowing southerly from Bonnie Way and
passing through Lots 910, 511, 521 and 531; and all land
within 10 feet of the bank of any of said tributaries.
4. Lower Sheldrake River area south of Sheldrake -
Leatherstockinq Conservation Areas
(a) West Branch
In Block 222, the West Branch of the Sheldrake River
flowing through Lots 279 and 286 parallel to Brookside
38
399
June 30, 1986
Place and thence under a bridge at Rockland Avenue; and
all land within 10 feet of the bank of the said West
Branch.
In Block 221, the West Branch of the Sheldrake River
-- flawing southeasterly along or near the boundaries
between Lots 92, 86, 78, 72, 62, 54, 46, 41, 33, 28 and
13 on the east (Sheldrake Avenue) side and Lots 121, 127,
134, 141, 154, 159, 167, 177 and 7 on the west (Weaver
Street) side, and flowing thence under a bridge at Forest
Avenue; and all land within 10 feet of the bank of said
West Branch.
In Block 220, the West Branch of the Sheldrake River
flowing southeasterly along or near the boundaries
between Lots 468, 481 and 487 on the West (Weaver Street)
side and Lot 445 on the north (Forest Avenue) side;
thence crossing the north end of Lot 487 and the west end
of Lot 206; thence flowing easterly through Lot 212 and
under a bridge at Briarcliff Road; all of Lot 212, being
Town of Mamaroneck property; and all land in other lots
named in this paragraph that is within 10 feet of the
bank of the said West Branch.
In Block 219, the continuation of the West Branch of the
Sheldrake River flowing easterly in, and near the north
boundary of Lot 206, thence through Lot 227 and along the
midline of Brookside Drive to the confluence with the
East Branch near the south end of Valley Stream Road, all
of Lot 227 which is Town of Mamaroneck property; and all
land in Block 219 within 10 feet of said continuation of
West Branch.
(b) East Branch•
in Block 210, the East Branch of the Sheldrake River as
it flows southerly from Rockland Avenue along or near the
boundary dividing Lots 328 and 35 on the west from Lots
588 and 789 on the north; all of Lot 789, being open
space property of the Badger Sports Club (7.53 acres) ;
the East Branch of the Sheldrake River as it continues
southeasterly through the northern parts of Lots 45, 87
and 240, enters the midline of Valley Stream Road, and
flows irregularly southward of the confluence with the
West Branch at Brookside Drive; and all land within 10
feet of the bank of said East Branch.
(c) Main Stan•
In Block 219, 218 and 217, the Sheldrake River as it
flows southeasterly between West Brookside Drive and East
Brookside Drive to the bridge at Hickory Grove Drive, and
all land within 10 feet of the bank of said river.
In Block 214, the Sheldrake River as it flows
southeasterly into and through Lot 1, widening out in
that lot and flowing thence under a bridge at Lakeside
Drive; and all land within 10 feet of the bank of said
river.
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400
June 30, 1986
In Block 214, all of Lot 518, which it Town of Mamaroneck
property, including the entirety of Gardens Lake
(formerly known and mapped as "Lake Sheldrake") ; the
Sheldrake River as it flows northerly from Gardens lake
along or parallel to North Brook Road; and all land in
the said Block 215 not otherwise included in this
description, that lies within 10 feet of the bank of said
river.
In Block 214, the Sheldrake River as it flows northerly
along or parallel to North Brook Road; all land within 10
feet of the bank of said river in that location; a
drainage easement in Lot 545 through which said river
flows and from which it flows under Interstate Route 95
(The New England Thruway) ; and all of Lot 483, which is
Town of Mamaroneck property southeast of Route I-95
through which said river flows across the boundary of the
Villge of Mamaroneck.
PUBLIC HEA RING: Proposed Local Law to Amend the Building Zone
ordinance and Building Zone Map of the Town of
Mamaroneck Pursuant to Section 265 of Town Law
on motion by Councilman Lerman, seconded by Councilman Amlicke, it
was unanimously
- RESOLVED, that the Public Hearing
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.
Supervisor Battalia presented this proposed local law for
consideration and Town Counsel, Steve Silverberg, explained its
purpose to create a new, low-density residential zone along Long
Island Sound waterfront in the Unincorporated Area of the Town.
Supervisor Battalia asked if anyone wished to speak in opposition
or in favor of the proposed legislation.
Town Counsel stated that this legislation was referred to the
Planning and Zoning Boards and was recommended for adoption by
both, with the map reflecting changes in the text. He noted that
since the property adjacent to this area has larger lots, both
Boards recommended changing the zoning from R7.5 to R-30, the text
of the law creates lot requirements for an R-50 zone.
Mr. Daniel Shuster, Shuster Associates, discussed the impact of
such zoning changes and explained how the number of lots would
change under the new zoning.
Town Clerk, Patricia Dicioccio, stated that no coiments on the
zoning changes had been received from the public. A suggestion
was make to table the Public Hearing until the meeting of July
16th, to which Ms. Dicioccio responded that there was insufficient
time to republish the notice.
40
4
June 30, 1986
Councilman Amlicke suggested that the Police Department notify
owners although this would not be possible for the owners of
undeveloped land.
Supervisor Battalia commented that it was the intent of the Board
to notify all owners. on motion by Councilwoman Silverstone,
seconded by Councilman Chapin, the Public Hearing was unanimously
adjourned until July 16, 1986.
SALARY AUTHORIZATIONS
Pursuant to a memorandum from Superintendent of Recreation,
William Zinmwmna„n, on motion by Councilwoman Silverstone,
seconded by Councilman Chapin, it was unanimously
RESOLVED, that as provided for
in the 1986 Town Budget,
authorization if hereby granted
for payment of salaries to the
following:
CENTRAL PLAYGROUND
Michael Chiapparelli Director 6 weeks $2,450.00 (Total)
Margaret O'Neill Asst. Director 6 weeks 1,225.00 (Total)
Mary McGlone Asst. Director (art) 6 weeks 1,350.00 (Total)
Denise Gacio Rec. Assistant 6 weeks 145.00/week
Othello Rollon Rec. Assistant 6 weeks 126.00/week
Gary Bregman Rec. Assistant 6 weeks 116.00/week
Keith Fairey Rec. Assistant 6 weeks 116.00/week
Monica Parnell Rec. Assistant 6 weeks 116.00/week
John Walsh Rec. Assistant 6 weeks 116.00/week
Michael Sapery Rec. Assistant 6 weeks 116.00/week
Kathleen Trezza Rec. Assistant 6 weeks 116.00/week
Patrick Curley Rec. Assistant 6 weeks 100.00/week
Brad Sirlin Rec. Assistant 6 weeks 100.00/week
Jennifer McCue Rec. Assistant 6 weeks 134.00/week
Patricia Woods Rec. Assistant 6 weeks 126.00/week
CHATSWORTH PRE-SCHOOL
Jacquelyn Sloan Brown Director 6 weeks $1,100.00 (Total)
Julia Bruno Rec. Assistant 6 weeks 62.00/week
Greg Gordon Rec. Assistant 6 weeks 61.00/week
Jenny Rosentrach Rec. Assistant 6 weeks 45.00/week
David Judice Rec. Assistant 6 weeks 45.00/week
Kara Naughton Rec. Assistant 6 weeks 45.00/week
Jim McCue Rec. Assistant 6 weeks 45.00/week
Sonia Schoenholtz Rec. Assistant 6 weeks 45.00/week
Marianne Bellino Rec. Assistant 6 weeks 45.00/week
Jennifer Gaita Rec. Assistant 6 weeks 45.00/week
Emily Hartman Rec. Assistant 6 weeks 45.00/week
41
June 30, 1986
CENTRAL PRE-SCHOOL
Betsy Brakenhoff Director 6 weeks $ 160.00/week
Eileen Woods Rec. Assistant 6 weeks 73.00/week
Claire Sullivan Rec. Assistant 6 weeks 55.00/week
Brett Fajen Rec. Assistant 6 weeks 45.00/week
Joe Paldino Rec. Assistant 6 weeks 45.00/week
Mickey Ruggiero Rec. Assistant 6 weeks 45.00/week
Joe Langelotti Rec. Assistant 6 weeks 45.00/week
MURRAY PRE-SCHOOL
Virginia Conlan Director 6 weeks $ 175.00/week
Christine Kraus Rec. Assistant 6 weeks 67.00/week
Michael Curtin Rec. Assistant 6 weeks 55.00/week
Heidi Klein Rec. Assistant 6 weeks 55.00/week
Angela Capodanno Rec. Assistant 6 weeks 55.00/week
Kate Burlinson Rec. Assistant 6 weeks 45.00/week
Sheila Lennon Rec. Assistant 6 weeks 45.00/week
Brian Cox Rec. Assistant 6 weeks 45.00/week
David Sheridan Rec. Assistant 6 weeks 45.00/week
Sharon Conlan Rec. Assistant 6 weeks 45.00/week
MUSIC WORKSHOP
Perry Martin Director 6 weeks $1,620.00 (Total)
Joanne Martello Rec. Assistant 5 weeks 85.00/week
Phillip Barone Rec. Assistant 5 weeks 75.00/week
Richard Williams Rec. Assistant 5 weeks 85.00/week
Debbie Moran Rec. Assistant 5 weeks 85.00/week
Jean Peale Rec. Assistant 5 weeks 85.00/week
Jennifer Sylvia Rec. Assistant 5 weeks 70.00/week
Christopher Cullen Rec. Assistant 5 weeks 35.00/week
Erin Graham Rec. Assistant 5 weeks 35.00/week
YOUTH TENNIS INSTRUCTION
Thomas Caffrey Rec. Specialist 8 weeks $ 14.00/hour
FAMILY FITNESS
Gerald Hartie Sr. Rec. Leader 6 weeks 15.00/hour
ADJOURNMENT
On motion by Councilwomen Silverstone, seconded by Councilman
Chapin, the meeting was unanimously declared adjourned into
Executive Session at 9:45 p.m. to discuss matters of personnel.
Town Clerk
Patricia A. DiCioccio
42