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HomeMy WebLinkAbout1987_11_19 Conservation Advisory Commission Minutes cmc Town of Mamaroneck Conservation Advisory Commission Area Code 914 740 West Boston Post Road Mamaroneck, N. Y. 10543 381-6133 MINUTES A regular meeting of the Conservation Advisory Commission (CAC) was held on Thursday, November 19, 1987, at the Town Center, 740 West Boston Road, Mamaroneck, N. Y. The meeting commenced at 8:10 P.M. Members Present: Robert Komitor, Chairman Charles Bernstein Mary Anne Johnson, Emeritus James Santos Others Present: Bonnie Burdick, Larchmont Village Reservoir Committee Kathryn Clarke, Resident, Village of Mamaroneck Robert Hohberg, Water Monitoring Consultant P. Thomas Leddy, Beautification Director Claudia Ng, Environmental Coordinator Frederick A. Lewis, Recording Secretary Administrative Matters Approval of Minutes - The minutes for the meetings of July 16 and September 17, 1987, were approved. The minutes for the October 15, 1987, meeting were approved pending submission of several corrections by Mrs. Johnson who will submit them to Ms. Ng and Mr. Lewis. Mr. Komitor complimented the completeness of the minutes. Building Entry - Mr. Komitor complained of difficulty in gaining entry into the Center on one occasion because of locked doors and indicated that this may account for the lack of attendance at meetings. Mrs. Burdick, on staff at the Center, commented on the problem of leaving the building opened at night and suggested that persons trying to gain entry into the building at night for a meeting and discover that the doors are locked, can use the outside stairway on the left side of the building which leads to the Conference Room. While the door on top of the stairway is locked, they can knock and someone can go down and open up the entrance door. Next Meeting - The next meeting was scheduled for Thursday, December 17, 1987, at 8:00 P.M. Liaison Assignments - Mr. Komitor stated that he and Ms. Ng discussed liaison assignments for the various Town and villages boards. He advised that assignments to the various municipal boards were previously based upon residency. At this point, Mrs. Johnson questioned whether the Commission was still receiving notices from boards and Mr. Komitor advised that both the Commission and liaisons are receiving notices. The suggestion was made that CAC Minutes - 11/19/87 the Commission coordinate the assigning of liaisons with CZMC liaision coverages as a means of determining which meetings were in need of coverage. After further discussion on the subject, Mr. Komitor advised that he and Ms. Ng will continue working on the assignments. Mr. Komitor also advised that a vacancy exists on the Village of Mamaroneck CZMC and he felt that it would be to the Commission's benefit if one of the members could be appointed as a member of the village CZMC. He therefore asked Mr. Bernstein if he would consider having his name submitted as a possible candidate for the vacancy and Mr. Bernstein consented. A village meeting is scheduled for next Monday at which time Mr. Bernstein would be presented to the Village Commission. Mr. Komitor further advised that representation is needed on the County CAC and EMC. Ms. Ng questioned whether Irma Volk was being used as a representative since she originally belonged to, and still is a member of the County EMC. It was clarified that Mrs. Volk was appointed to fill the vacancy of Mrs. Faust who had resigned. Environment Tree Preservation Law Revision - Mr. Komitor stated that Ms. Ng is suggesting revision of the law inasmuch as the Chairman of the CAC, who is one of only three members that make up the Tree Commission who are authorized to conduct tree inspections, is unavailable during the weekdays to make such inspections with the other members on account that he works in New York City. The Law presently states that the Commission is composed of the CAC Chairman, Building Inspector and the Highway Superintendent. Ms. Ng is suggesting that the Law be reworded to state "the above persons or their designees". It was briefly outlined that the Tree Commission was responsible for the review of all trees equal to or greater than six inches in diameter which are planned for removal. Dangerous or hazardous trees are outside the realm of this jurisdiction and can be cut down without a tree permit. There are specific conditions for the cutting down of good trees. Mrs. Johnson cited problems they were having in the Village of Larchmont and indicated that they had no tree law. Further discussion was held on the cutting down of trees and the replacing of them. Mr. Bernstein questioned Con Edison's authority to trim trees because of interference with electrical wires. He cited one oak tree which was left as a "totem pole" by Con Ed but Mr. Bernstein could not recall the exact location of the tree. Mr. Komitor advised that Con Ed does have authority for trimming trees but cannot destroy trees. Mrs. Johnson questioned whether the tree law provided protection for the removal of big trees and replacing of them. Mr. Leddy indicated that it did and he cited the last inspection made by the Tree Commission when they recommended a number of replacements to which the property owner agreed to do. Mr. Komitor inquired whether the property at 17 Wagon Wheel Road was inspected and Mr. Leddy advised that he will be inspecting the trees on that property next Monday. Other tree conditions were mentioned in the Saxon Glen area and Old Road. Mr. Santos questioned whether tree businesses in the area are aware of the Town's tree regulations and Mrs. Johnson suggested that they should be reminded. Mr. Leddy advised that property owners are required to secure permits and tree businesses should make it their business to be aware of the regulations. When the question of fines were raised, Ms. Ng secured a copy of the Town code book and read to the Commission that a violation of the tree law would be a misdemeanor with a fine up to $1,000. In addition, a -2- CAC Minutes - 11/19/87 civil penalty could be issued in which a $100 fine could be placed on each tree illegally removed and for every day that the violation continues. Mrs. Burdick suggested that information concerning the tree regulations be placed in the Town Newsletter and the new resident packet. Going back to the proposed revision of the Tree Preservation Law, Mr. Komitor stated that he thought the revision would be unnecessary and suggested that Ms. Ng refer the matter to the Town Attorney for his opinion concerning whether any member of the Commission could make tree inspections with the Building Inspector and Highway Superintendent under the extant law. Litter Control - Mr. Komitor questioned whether the Town has passed the litter law but Ms. Ng and Mr. Leddy advised that nothing has been done as the priority matter at this time is the budget. When asked whether a litter law is presently in effect, Ms. Ng replied that currently there is no single comprehensive law; litter is briefly covered under three separate laws (Conservation Areas, Garbage and Rubbish, and Parks). Ms. Ng briefed the Commission on the recommendations made by CZMC on the new proposed law, copies of which had already been sent to CAC members. Mr. Komitor advised that Ms. Ng had sent him a copy of an old notice which was sent to community residents concerning littering of the nearby conservation area. He has made revisions to this notice and requested Ms. Ng to sent it to the Commission members for consideration at the next meeting. Mrs. Johnson stated that another notice was sent out years ago concerning streams. She will try to find a copy of it for submission to the Commission Natural Resources Inventory (NRI) Revisions - Ms. Ng reported on the subject. She presented the three existing NRI maps for review. These were done in 1975 (two were revised in 1977) by Cliff Emanuelson, former CAC consultant. One map showed open space areas and marshes. The second map showed just waterways. The third map included flood-prone areas. Ms. Ng also informed the Commission of her discussion with a member of the Yorktown CAC who recently won an award for their Natural Resources Map. The map, according to Ms. Ng, was not as colorful as this Commission's, but was much more detailed. The maps showed topography with overlays showing vegetation, hydrology and wetlands, slopes and bedrock, and soils. From an analysis of these maps, they made a composite map showing environmental constraints. Ms. Ng is trying to get a set of the Yorktown maps but the cost is $50.00. She therefore is just trying to get a portion of them. Mr. Santos advised that his idea for the maps was making people in the community aware of conservation areas, recreational facilities, walking trails, marshes and wildlife. He suggests an overall type of map showing all of these things which can be sold possibly for 25 cents especially to real estate people for distribution. He further suggested that the tree regulations be placed on back of the maps. Mrs. Johnson also presented a set of maps which showed walking areas, rivers, marshes, trails, etc. , throughout the community. She distributed copies of maps of the Sheldrake Reservoir, the Premium River - Pine Brook Wetlands Complex, Sheldrake River trails, and viewing locations for recently acquired county lands. Discussion continued on the NRI maps, on the maps contained in the walk books, the various areas covered in the maps and books, and the possibility of having a composite map. During the course of the discussion, Mrs. Johnson gave a historical outline on the acquisition of parkland, marshes, wetlands and trail areas within the community. -3- CAC Minutes - 11/19/87 Ms. Ng raised the question of the Natural Resources Inventory and asked the Commission what they wanted to do about it. If it were to be revised, volunteers will be needed. She further stated that Cliff Emanuelson had begun some of the work by assigning some batches of the areas to L.I.F.E. Center volunteers to note changes in the streams. Ms. Ng said that it would be necessary to form a committee to coordinate activities with the use of volunteers. A discussion took place on what should be included in the inventory such as vegetation overlays, soil, etc. Mr. Santos asked whether Mamaroneck High School students were given community service assignments and whether they could be of assistance on this project. Mr. Hohberg raised doubts about such a possibility. Mrs. Johnson stated that college students assisted in previous programs and suggested their participation in the inventory. In conclusion, Mr. Komitor asked Mr. Santos if he would like to work on the residentially-oriented map with Ms. Ng's help to which he agreed. As for the NRI map revisions, Mr. Komitor suggested the forming of a subcommittee first to determine how detailed the map should be and then look at the resources available to get the job done. The Commission agreed. Development Projects WHS Harbor, Inc. , - 115-133 Mamaroneck Avenue - Ms. Ng reported that she has the FEIS of the proposed project. She stated that she did not realize until today that the comments for the statement is due tomorrow (11/20) and cited this as a reason for the importance of having liaisons to village board meetings. The matter will be heard at the Village of Mamaroneck Planning Board meeting on Monday, November 23. Unfortunately, because of the limitations upon her time and other pressing business, Ms. Ng stated that she neglected to complete the reading of the Statement. However, Ms. Ng displayed a map from the Statement showing the outlay of the proposed condominiums and briefed the Commission on matters of importance concerning the project. The applicant is proposing 89 residential units with eight, 311 square feet of retail space. Questions were raised concerning commerical space as well as access to the site. One of the problems brought to light was the design in which there are areas in the back where there is only two to three feet of space (or less) between the buildings and the riverbank of the Mamaroneck River. The map and overlays of the proposed construction were discussed in detail by the Commission. The question of flooding was raised. Ms. Ng. advised that according to FEIS, the drainage system is supposed to withstand a 100-year frequency storm. Discussion was held on the commerical areas, the two level of garage space, and the construction alternatives offered by the developers. Questions were also raised about the sea walls in the area. Mr. Hohberg advised that a big County sewer line was in the area and he questioned how much pressure could be put on it. Mr. Hohberg further questioned other points of the construction. Questions were also raised about the oil system and provisions for cleaning it out. Ms. Ng read a paragraph of the Statement concerning catch basins with baffled outlets. Mrs. Johnson questioned this and suggested that we support CZMC in requesting larger catch basins with programs for maintenance and monitorization in situations. Ms. Ng further advised that the Village of Larchmont has a law or building code for indoor garage facilities which requires that the drain pipe must go through the sanitary sewer system. However, Ms. Ng was not sure whether this applies to the Village of Mamaroneck. She further advised that she did not have plans for the construction and could not determine where the -4- CAC Minutes - 11/19/87 system will be going. Ms. Ng also stated that a dumpster will be placed at the rear of the property and will be dumped by truck. This again raised the question of access and the increased possibility of stream pollution. Mr. Hohberg questioned the Commission's responsibility with regard to the FEIS. Ms. Ng stated that the Commission was given the opportunity to comment on it under the State Environmental Quality Review Act. She further advised that the FEIS was accepted by the Mamaroneck Village Planning Board, but the project has not yet been approved. The Planning Board will meet on November 23 where they will make a final decision on the development. Mr. Hohberg suggested that the Commission strongly question the infringement on the sewer line along the bank. Other concerns which the Commission wanted the Planning Board to address were oil runoff, dumpster, and the need for a buffer zone between the buildings and river. Mr. Komitor requested Ms. Ng to prepare a draft of the Commission's concerns by tomorrow for submission. Mr. Hohberg stated that he would assist Ms. Ng in this undertaking. Mr. Komitor also suggested that Ms. Ng contact the Village CZMC to find out what their comments are. Ms. Ng said that she would attend the Village of Mamaroneck Planning Board meeting to help clarify the Commission's concerns. Water Courses and Water Bodies Water Quality Report - Mr. Hohberg submitted his Water Quality Report on Guion Creek and reported that Guion Creek receives the waters of Beaver Swamp Brook which is in the Town of Rye. The biggest problem area was Station G2 -- near the Continental Manor which showed a coliforms of 2,400. There have been drainage problems in the area for years. The hugh culvert goes underneath Boston Post Road. It was pointed out that the trouble is only upstream and has no effect downstream. Mr. Hohberg stated that the culverts perform like a bathtub and holds pollution back and this is probably why there is no problem downstream. He also stated that the beaches were probably not closed because when the high tide comes in the water is diluted. The pollution can only be picked up at low tide because at high tide, the water is like a hydraulic force. Mr. Hohberg recommended the investigation of the culvert and its connections. Mr. Komitor and Mr. Hohberg plan to present this and two other water quality reports to/in the Village of Mamaroneck to the Village of Mamaroneck Board of Trustees. Stormwater Management Through Watershed Planning Workshop - Ms. Ng reported that she attended a seminar held on October 22 in White Plains. The seminar was sponsored by the Westchester Soil and Conservation District and ideas on stormwater management was discussed. The Beaver Swamp Brook Watershed Management Plan which used computer simulation to determine stream flow and impacts of proposed land uses on flooding was presented. Mr. Bernstein commented on the Beaver Swamp Brook report as well as on a report on Mamaroneck Harbor entitled Storm Drainage Into Mamaroneck Harbor. The report on the harbor was not available for distribution and Mr. Bernstein ordered a copy but has not received it yet. Continuing with her report, Ms. Ng stated that the Village of Mamaroneck Manager was present at the seminar and indicated an interest in having a computer simulation for the Mamaroneck system. Ms. Ng suggested that the Commission may want to consider making a proposal or a multiple-year project plan. In conclusion, Ms. Ng will try to secure a copy of the Mamaroneck Harbor report and it was agreed to hold off on the Beaver Swamp report until the Harbor report is received and studied. -5- CAC Minutes - 11/19/87 New or Other Business Construction Complaints - At the conclusion of the discussion on trees, Mr. Leddy reported that he has been receiving telephone calls concerning construction with large equipment taking place at the dead end of Norwood Drive (near the New Rochelle line). He advised the Commission that five sewers are being replaced in the area and they are coming through the conservation area. Mr. Leddy further stated that he visited the area today and found it badly torn up. It is a County project funded by the State. He also pointed out that some sixty sewers in the area would be worked on. Discussion ensued and concern raised with regard to the stormwater drains in the area and disconnection of drainage and the fact that notification was just given to New Rochelle residents and not the residents of Larchmont. Trapper's Leghold Traps - Mrs. Kathryn Clarke, resident of Mamaroneck Village, displayed a leghold trap used by trappers in trapping small animals and explained its operation to the Commission. However, she found that she was unable to set and spring it for the Commission. A neighbor walking in the Migid's Pond area with her daughter had nearly tripped over this one. The displayed trap was illegal because it did not have a nameplate which is required by State law. Mrs. Clark advised that four such traps have been found, two of which were located near Rye High School. Two of the traps were illegal and two were legal. They are set primarily at this time for the purpose of trapping raccoons as there is an active market for the fur in New York City. The trapper and owner of the traps is a Mamaroneck Village policeman. He is a licensed trapper. The small game hunting season is from November 7 through March. The trapper claims the traps were legally set. Set traps must be checked every twenty four hours. The question was raised whether setting traps on private property was legal. Mrs. Clark produced a booklet from the State Conservation Department which said that permission must be obtained to hunt on private property. However, it was emphasized in the booklet that it is just a regulations guide. DEC officials said that licensed trappers can trap anywhere unless the property has "no trespassing" signs posted every 200 feet. Further discussion and concerns were expressed about setting traps in popular walking areas where children play. Mrs. Clarke further advised that the Town of Harrison adopted a resolution at their Town Council meeting last night to post all Town property. However, there is a cost problem of the metal plates which must be posted in so many places. Mrs. Clarke also stated that she believes Suffolk County has passed legislation banning leghold traps. However, the legislation is being contested in court on the basis of political jurisdiction. The Town of Greenburgh passed a similar law and has not been challenged as yet. She further advised that there has been numerous attempts made on the State level to pass legislation banning trapping on grounds of cruelty but they have been contested on the grounds of constitutional rights. Ronald Tocci, State Legislator from New Rochelle, is attempting to have State laws amended to let Counties affect their own hunting and trapping regulations and Mrs. Clarke feels that this is a beginning step. She suggested to the Commission that there was a need to invetigate the private property question, push for the posting of Town property, support Assemblyman Tocci's efforts to amend the State laws, and support public education to warn community of traps. It was questioned whether the Commission should propose to the Town and Villages an ordinance to ban traps. -6- CAC Minutes - 11/19/87 . Mrs. Clarke again placed emphasis on public education and warning residents of the traps and their danger. The legality of trapping in locally dedicated conservation areas was questioned and discussed. Mr. Komitor advised Mrs. Clarke that the Commission will make recommendations to the Town Board as well as the Village Boards expressing the concerns discussed and to address the issue of posting and/or the adoption of appropriate ordinances. Mr. Komitor will prepare the letter of recommendations. CAC General Information Booklet - Ms. Ng advised that the 1987 Annual Report project should be started in January because it must be completed by April 1. She suggested, therefore, that we postpone the preparation of the CAC General Information Booklet although money had been appropriated for it. Mr. Leddy advised that they could encumber the funds for it by submitting a memorandum to the Town. The Commission agreed to the suggestions and requested Ms. Ng to prepare such a memorandum. Solid Waste Disposal Recycling Improvements - Ms. Ng briefly reported that they were contacting different markets to see if they could get a better deal and a two year contract which is State mandated for funding. They are nearing a final decision with three possibilities outside of Garden State Paper Company. Meeting adjourned at 10:35 P.M. - 7 -