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HomeMy WebLinkAbout2002_03_26 Coastal Zone Management Commission Minutes Town of Mamaroneck — Village of Larchmont COASTAL ZONE MANAGEMENT COMMISSION l' TOWN CENTER: 740 West Boston Post Road, Mamaroneck, NY 10543 — 914-381-7845 CZMC Minutes March 26,2002 A regular meeting of the Coastal Zone Management Commission(CZMC) was held on March 26, 2002 in Conference Room A, Town Center, 740 West Boston Post Road, Mamaroneck, New York. The meeting was called to order at 8:00 p.m. MEMBERS PRESENT: Madelaine Berg, Chairperson Dickson Brown Frank Buddingh Elizabeth Cooney Katherine Dehais John Feingold Bernard Kaplan Howard McMichael REGRETS: Lili Andrews Marc Godick Dr. C. Alan Mason OTHERS PRESENT: Phyllis Wittner Councilwoman, Town of Mamaroneck, Liaison to CZMC Elizabeth Paul Environmental Coordinator, Town of Mamaroneck Dan Natchez Daniel S. Natchez& Associates, Consulting Engineer, 1 Bay Avenue & 11 Bishop Place Paul Milliot Daniel S. Natchez&Associates, Consulting Engineer, 1 Bay Avenue& 11 Bishop Place Marcus Gleysteen Gleysteen Design, Architect, 1 Bay Avenue Peter Gleysteen Applicant, 1 Bay Avenue Renate Gleysteen Applicant, 1 Bay Avenue Mary Gail Barry Applicant, 11 Bishop Place John Barry Applicant, 11 Bishop Place Ellie Fredston Neighbor, 11 Bishop Place Carol Coleman Neighbor, 11 Bishop Place Tor Holtan Neighbor, 5 Flint Avenue 1. Approval of Minutes The minutes for February 26, 2002 were reviewed and accepted as corrected. 2. Referrals CZMC—3/26/02,Page 1 of 6 Printed on Recycled Paper Revised 1/30/2003 a. Local Consistency Review-Construction of Floating Dock& Gangway, Gazebo, Concrete Staircase, Rear Addition & Repair Work at 1 Bay Avenue-Block 712, Lot 573, Village of Larchmont Referred by the New York State Department of Environmental Conservation and the New York State Department of State Paul Milliot and Daniel Natchez, of Daniel S. Natchez and Associates, Inc.,the applicant's consulting engineers, presented a proposal to construct a floating dock and gangway, a concrete staircase, a gazebo, a rear addition to the home, and to repair the existing stone pier and seawall. CZMC members visited the site with Dan Natchez, Scott Williams and Peter Gleysteen on March 1st, 2002. The project was submitted in two separate applications. The first application includes the replacement of a floating dock and gangway, the construction of a concrete staircase, and repairs to the existing seawall and stone pier. This work requires a joint permit from the NYS DEC/US Army Corps of Engineers and the approval of NYSDOS, with local consistency review required by CZMC. The second application includes a rear addition to the house and the construction of a gazebo, requiring a building permit from the Village of Larchmont. The application to the Village of Larchmont has not yet been made, but CZMC agreed to review the entire project, in the expectation that the Village would eventually refer the construction work to it. The proposed floating dock and gangway will extend into Larchmont Harbor and will be connected to the existing fixed stone pier. A dock and gangway had been previously located in this location, but were removed by the former owner of the property. The proposed gangway will be a 60 feet long by 5 feet wide adjustable gangway and will be connected to a 45 foot wide by 20-foot long floating dock. Historic photographs of the property were presented to show the original house, the location of the gazebo and the presence of a dock and gangway. The proposed gangway will be approximately 10 feet longer than the original gangway for increased safety during low tides. The proposed dock is similar in size to the original dock. The proposed dock will be 211 feet from the closest mooring and will not obstruct navigation for boats entering this area, even with a 75 foot turning radius from this mooring. The gangway located directly to the north is longer than the proposed gangway. Dimensions were not known for the gangway and dock located directly to the south. The proposed concrete staircase will require approximately 12 cubic yards (cy) of concrete (6 cy above mean high water and 6 cy below), and will begin on the ledge rock and will end in the inter-tidal zone. The staircase will follow the contours of the ledge rock and will permit the homeowners to have access to a sandy area in the inter-tidal zone. According to the applicant, the staircase will be relatively CZMC-3/26/02,Page 2 of 6 Revised 1/30/2003 unobtrusive and will hug the ledge rock closely. Half of the staircase will be underwater during mean high water. The existing fixed stone pier will require maintenance. The base has some undermining. It is made of mortared stone, encased in concrete and protected with timber boards. The timbers will be removed and the voids in the pier will be filled with stone and concrete. The timbers will be replaced. The appearance of the pier will not change and everything will be restored in kind and in place. The repair and maintenance of existing seawalls and retaining walls are relatively minor. Paul Milliot stated that the property is not in the Coastal Erosion Hazard Area and is 835 feet inside the Coastal Erosion Hazard Area line. A gazebo was once located on an existing concrete base and platform. The base and platform were constructed before 1957 and the gazebo was described in a historical document from 1918 as having been located on the property. The applicant would like to build a new gazebo in this location,using the existing concrete base. The gazebo will be similar in appearance to the previously existing gazebo and will compliment other gazebos in the area. The two-story addition to the house will be located at the southeast corner of the house. The terrace on the northeast corner will be converted to a covered porch. A p new covered porch will be added to the south of the extension,behind the garage. A single story addition will be added to the garage to accommodate a new HVAC unit, in order to comply with FEMA requirements. The net change in impervious surface will be approximately 500 sq ft. The flagstone patios are being replaced with brick set in sand and covered porches will be added. Potential flooding from increased runoff is not an issue this close to the Sound, provided that the leaders go under the lawn and do not pick up any fertilizer or other pollutants. The existing storm water system conveys rooftop runoff directly to the Sound through underground pipes. The same type of system is proposed for the additional roof area. Two infiltrators located next to the patios will be used to handle storm water runoff from the brick-paver patios. The applicant advised CZMC that this plan was acceptable to NYS DEC and does not require a SPDES permit for roof top runoff. CZMC asked the applicant to review the sediment and erosion control plans. The soil stockpile area is very close to the Long Island Sound. The applicant was also asked where construction vehicles would enter and exit the site. The applicant responded that the soil stockpile was located in this location to be far enough away from the trees and to still be close to the area where it will be needed,however it would consider relocating the stockpile farther south on the property. Construction vehicles will enter the property at the south side. The trees will be protected using ® storm fencing. CZMC-3/26/02, Page 3 of 6 Revised 1/30/2003 The permit from NYSDEC and the Army Corps of Engineers was requested for a three-year period, however the applicant expects the work to be completed earlier than that. The waterfront work is expected to take a few weeks and the addition to the house will take between 6 and 12 months. The three year permit is requested only to insure adequate time if the applicant runs into any unforeseen difficulties. CZMC finds that the proposed waterfront application is consistent with the policies set forth in the LWRP. CZMC recommended and the applicant agreed that any lights installed on the waterfront structures will not be flood lighting,but will be low- density, low-level lights, focused downward and controlled by a switch. CZMC finds the proposed additions to the house and the construction of the gazebo to be neither consistent nor inconsistent with the policies set forth in the LWRP and finds the proposed stormwater management system to be consistent with these policies. CZMC recommended, and the applicant agreed that any drainage piping used to convey stormwater from the roof leaders to Long Island Sound be made of non-perforated PVC piping, in order to prevent pollutants from the yard from entering this stormwater discharge. Since stormwater is to be discharged directly to the Sound, CZMC also recommended that a dye test be conducted to determine if any interior or exterior drains on the property are inappropriately connected to the stormwater drainage system. The only component of this discharge should be roof runoff. In addition, CZMC recommended that all trees be protected during construction using barriers at a minimum of 8 feet from the trunk of the tree, and plywood on top of the root zones to prevent soil compaction. CZMC also suggested, and the applicant agreed,that the temporary soil stockpile on the property be moved farther away from the Sound than is shown on sheet 2 of the surface water and erosion control site plan. b. Local Consistency Review-Installation of a Gangway and Floating Dock at 11 Bishop Place-Block 712,Lot 573 Referred by the New York State Department of State John Barry,the applicant,presented the proposed plans to install a gangway and floating dock from the seawall extending into Little Harbor Sound. The proposed gangway will be approximately 25 to 30 feet long and the floating dock will be 12 feet by 15 feet. The dock would be secured using chains. Several of the neighbors have objected to this proposal because of concerns with maintaining navigation within the channel. During low tide, only a small area of Little Harbor has water in it, and the neighbors fear that the gangway and dock will extend into this navigable portion and make the channel impassable during this time. Policy 19 of the LWRP states that existing navigation should be maintained at all times. Mr. Barry presented calculations and photographs to demonstrate that the proposed structure, installed as close to the seawall as possible and facing south, would be clear of the area of deep water in the channel. He did this by using a line of sight to CZMC-3/26/02,Page 4 of 6 Revised 1/30/2003 the neighboring dock at 9 Bishop Place and assumed that if this dock was clear of the 0 deep-water channel,than his proposed dock should also be clear of the channel. He staked out the location of the proposed structure and photographed the water levels during the tide changes. It was pointed out by opponents to the proposal that it could not be assumed that the channel continued in a straight line from the dock at 9 Bishop Place to the proposed site of the applicant's dock. The applicant stated that he had met with two members of the US Army Corps of Engineers at the site, who had determined that the proposed structure would have no impacts on navigation and that the alternate location for the dock would negatively impact oyster beds. Several of the applicant's neighbors attended the meeting to raise their concerns regarding the proposal. In addition to the comments of those present, a letter was read from William and Tamara Urmey, who were not able to attend the meeting. The Urmeys also expressed an interest in maintaining navigation through the area and recommended that a marine survey be conducted to determine the most appropriate location for the dock. They are also concerned that a boat docked here could impede navigation. The applicant agreed to dock his 17.5-foot whaler on the southwest side of the dock, perpendicular to the channel, as a courtesy to his neighbors. CZMC suggested and the applicant agreed that installing a ladder on the southeast side of the dock(the side /�► closest to the deepwater channel)would ensure that a boat would not be able to dock on that side. It appeared to CZMC that the proposed location would be the only viable location to place a dock. However, since it was not clear from the materials submitted whether navigation would be blocked,the following procedure was agreed upon: the applicant will measure from permanent marks on the seawall to stakes placed at a point agreed upon by the neighbors to be the center of the deep-water channel during dead low tide. An area of 6 feet on either side of the channel should be measured, making the navigable area 12 feet wide, which the neighbors agreed would be sufficient for their purposes. A contractor retained by the applicant will draw a plan showing the location of this channel, location of the proposed dock with all dimensions and the location of the neighboring dock at 9 Bishop Place. Based upon this proposal,the review of this application was adjourned until next month's meeting. 3. Revised Wetlands and Watercourses Protection Law John Feingold's comments on the latest draft of the Town Wetlands Law were distributed to the members of CZMC by email before the meeting. Many of his comments are taken from the Westchester County Model Wetlands Ordinance. His comments were incorporated into the latest draft of the Wetlands Law. CZMC-3/26/02, Page 5 of 6 Revised 1/30/2003 r It was agreed that the definition of"Structures"would reference the definition in the Town Building Code, and that the procedure for the notification of neighbors should be made consistent with what the Planning and Zoning Boards require as to notification of neighbors. The point was also raised that under Section 114-5 Regulated Activities, item 11 includes "decorative landscaping and planting". However, it was concluded that section 114-4(2) permitted normal planting and that section 114-5(11) should be retained to deal with major landscaping changes or additions. The revised Wetlands Law will be sent to Town Supervisor, Valerie O'Keeffe and the Town Board for their review. 4. Special Meetings of the CZMC Bill Maker, the Town's Attorney, drafted a law that would allow CZMC to hold special meetings. The draft law will be returned to him with the support of CZMC. 5. Old Business Attempts are being made to schedule a meeting of the Village of Mamaroneck CZMC,the Town of Mamaroneck/Village of Larchmont CZMC and a representative of the NYS Department of State to discuss the State's latest activities regarding Coastal areas. Members agreed that a Wednesday evening meeting was acceptable. 6. New Business No new business to discuss. The meeting was adjourned at 11:00 p.m. The next scheduled CZMC meeting will be held on April 23, 2002. Anyone unable to attend this meeting should contact Elizabeth Paul at(914) 381-7845 or at conservationdepta,townofmamaroneck.org CZMC-3/26/02,Page 6 of 6 Revised 1/30/2003