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2001_05_22 Coastal Zone Management Commission Minutes
Town of Mamaroneck — Village of Larchmont COASTAL ZONE MANAGEMENT COMMISSION 4 I',� TOWN CENTER: 740 West Boston Post Road, Mamaroneck, NY 10543 914-381-7845 CZMC Minutes May 22,2001 A regular meeting of the Coastal Zone Management Commission(CZMC)was held on May 22, 2001 in Conference Room A, Town Center, 740 West Boston Post Road, Mamaroneck,New York. The meeting was called to order at 8:15 p.m. MEMBERS PRESENT: Marc Godick, Meeting Chairperson Lili Andrews Dickson Brown Elizabeth Cooney Frank Buddingh Katherine Dehais Bernard Kaplan C. Alan Mason Howard McMichael REGRETS: Madelaine Berg, Chairperson William Bailey OTHERS PRESENT: Nancy Seligson Councilwoman, Town of Mamaroneck Phyllis Winner Councilwoman, Town of Mamaroneck Elizabeth Paul Environmental Coordinator, Town of Mamaroneck Anthony Coschigano Owner, 2 Carroll Place Michael Amodeo Engineer, Petruccelli Engineering, 2 Carroll Place Rudy Ridberg Architect, 14 York Road Paul Milliot Daniel Natchez&Assoc., 1 Cedar Island Scott Williams Daniel Natchez& Assoc., 1 Cedar Island 1. Approval of Minutes The minutes of the meeting of 3/27/01 were accepted with revisions. 2. Discussion of Open Space Inventory with Nancy Seligson Councilwoman Nancy Seligson, a former member and Chairperson of the CZMC, is currently the chair of the County's Environmental Management Council. For the past year and a half the EMC has been teaching the Conservation Advisory Commissions of different municipalities throughout the County how to do Open Space and Natural Resources Inventories and why they should be conducted. The EMC is a County organization created by CZ_0501 M CZMC—5/22/01,Page I of 6 IS LJ Printed on Recycled Paper s C.) environmental legislation that reaches out to municipalities and assists them through their CAC's to do environmental work. According to Nancy Seligson, Open Space is an issue that affects all of the municipalities in Westchester County. The Town of Mamaroneck and the Village of Larchmont(TOM/VOL) should do an open space inventory through the CZMC because funds are available for the purchase of land. The County has spent 5 million dollars per year for the past 4 years for the purchase of lands for passive recreation. This year the County Executive in his State of the County speech, agreed to spend 10 million dollars per year for the next 5 years for the purchase of lands for active and passive recreation. Active recreation space is needed in TOM/VOL, especially for baseball and soccer fields. This is a very developed community with few undeveloped parcels of land. The County's priorities are for the protection of open space in the southern part of the County and in waterfront communities, making the TOM/VOL a high priority for the protection of open space. The State gives priority funding to communities that are part of the Greenway. We have trails in the community that are not technically part of the Greenway because these trails were established before the Greenway was established. We are now working to become part of the Greenway. Nancy met with Lili Andrews&Elizabeth Paul and spoke to Madelaine Berg about the project. It will take a lot of effort to do this project and since there is no longer a CAC in the Town of Mamaroneck or the Village of Larchmont, the responsibility should go to the CZMC. The project would involve getting the County's aerial photographs and actually looking for areas of open space that has environmental integrity. Environmentally significant property may be privately owned and to buy the property if it goes on the market with State and County funds will require that we have already done an open space inventory. Jerry Mulligan at the County Department of Planning has just been appointed to manage the open space program. Ms. Seligson stated that the nursery properties have already been identified for the open space inventory. These parcels would be possible recreation space for the community. She is asking for support and commitment from CZMC. This will take the identification of properties on the aerial photos and site visits to determine if the parcels are viable. Then it will be necessary to identify ownership, size and environmental characteristics. An owner of a one-acre property recently showed an interest in preserving her property, and called the Westchester Land Trust to arrange to have a conservation easement placed on the property. This is a small property,but it is significant for flood control and wildlife habitat. C. Alan Mason remarked that we don't always see available parcels until it is too late and developers are building on it. Many parcels are land-locked and can't be seen from the roads. Accoding to Ms. Seligson, a parcel was recently developed on North Chatsworth next to a park. This property could have been protected if we had already done an inventory. Marc Godick asked if it would be possible to purchase developed land next to a Critical Environmental Area and demolish the house if necessary. Another example was the property at 298 Rockland Avenue. The owner purchased the property and demolished the house and is now building a new house. Also the properties at Coventry Court and Laurel Manor on Fenimore Road were built before anyone could act. The CZMC was able to preserve the wetlands, but the property was developed. Nancy Seligson and Elizabeth Paul had previously discussed starting the project in the fall when Elizabeth has more time available to dedicate to the project. Regular meetings should take place every week or two weeks to work on the project. A rotation of CZMC members could be established to distribute the workload. The open space inventory will be added to next month's agenda to discuss and organize the project in greater detail. CZ_0501 M CZMC—5/22/01,Page 2 of 6 —.. _ . .. — mime C3. Referrals a. Sale of surplus property by the Town of Mamaroneck Boston Post Road East of Dillon Road Referred by the Town Council The sale of Block 505,Lot 487 was discussed. The property is located on Boston Post Road near Dillion Road. The lot is in a service business zone and is currently undeveloped. The parcel would be difficult to develop because it is at a much higher elevation than the Boston Post Road. The individual interested in purchasing the property owns a home behind it on Parkland. He would add it to his property and return the parcel to the tax rolls. The CZMC has determined that the sale of Block 505, Lot 487 on Boston Post Road, is neither consistent nor inconsistent with the policies set forth in the Local Waterfront Revitalization Program. Should the site be developed,the Commission recommends that the use of appropriate Best Management Practices for erosion and sediment control be implemented throughout construction and that there be no net increase of storm water runoff from the property. b. Construction of a Mixed-occupancy Building at 13 Addison Street Referred by the Village of Larchmont Planning Commission The CZMC was unable to discuss the above referenced matter at its regularly scheduled meeting on May 22, 2001 because a representative from the project did not attend the meeting. The proposed project will be placed on the agenda for the next CZMC meeting on June 26, 2001. c. Construction of a Single Story Addition with Garage at 2 Carroll Place Referred by the Town of Mamaroneck Planning Board The homeowner,Anthony Coschigano,and Mike Amodeo from Petruccelli Engineering • presented plans to add a one-story addition with a garage and a driveway extension to the existing single-family house. The existing garage is too narrow to sufficiently accommodate a car. The proposed addition will create a two-car garage underneath a family room. The applicant had requested a variance from the zoning board because the proposed addition is within 100 feet of a wetland, and is directly adjacent to the Leatherstocking Trail Conservation Area. Any significant increase in storm water runoff from the site could have a significant impact on the Conservation Area and the Sheldrake River. The Zoning Board granted the variance. The applicant presented a sediment and erosion control plan showing the proposed drainage system. Since the groundwater table is high in this location, infiltrators will be used instead of a drywell to handle any additional runoff created by the proposed project. Runoff from the roof of the addition will enter leader drains and a trench drain will collect runoff from the driveway. An overflow pipe in the backyard will be used to discharge any runoff from any storm larger than a 25-year storm. The Town Engineer approved the calculations for the proposed infiltration system at the last Planning Board meeting. © Four existing drywells are located in the backyard to accommodate runoff from the existing house. The pond indicated on the drawing is a landscaping pond and does not act as a storm water retention basin. The water table in this area is very high and there is CZ_0501 M CZMC—5/22/01,Page 3 of 6 some doubt as to whether the existing dry well system adequately handles runoff from the �1 house. One Elm tree will be removed from the property. This tree sustained damage to its root system during the installation of the existing drywells. The homeowner believes that the tree will die from the damage to the root system or from Dutch Elm disease if it is not removed. Members of the CZMC agreed that provided that the existing drywell system functions properly,the addition would add a negligible amount of runoff to the neighboring Conservation Area and the Sheldrake River. The Environmental Coordinator will check to see if there is any discharge from the overflow pipe during tomorrow's light rainstorm and will prepare a Memo to the CZMC reporting her findings. The CZMC has determined that the addition to the single-family residence at 2 Carroll Place, as proposed,will neither advance nor hinder the policies set forth in the LWRP provided that the existing drywell system functions as required. Should it be determined, upon inspection, that the existing system fails to function as required,the CZMC finds that the proposed addition will hinder the policies set forth in the LWRP and is inconsistent therewith. d. Exterior Modifications and Single-story Addition at 14 York Road Referred by the Town of Mamaroneck Planning Board Rudy Ridberg,the Architect for the proposed alterations to the Diamond Residence at 14 York Road presented the plans to the CZMC. Photographs of the property were also presented. The applicant had applied for a Freshwater Wetlands and Watercourses Permit because the eastern tributary of the Sheldrake River runs through the property. The proposal includes adding new siding,windows, and a roof to the house. A 14'x18'family room will be added to the rear of the house. Instead of a foundation,piers will be used to support the addition. The front porch will be decreased in size. The net increase in impervious area will be 80 square feet. The proposed drainage plan will use one drywell to accommodate 100 square feet of additional runoff. No existing drywells are located on the property and an existing driveway drain empties into the Sheldrake River. The architect said that a new driveway drain would probably be installed with a sump to capture any sediment. The proposed drainage system appears to be designed to handle the net increase in runoff of 100 square feet. This will not be correctly sized if the leaders from the eastern portion of the house are connected. The actual surface area to be drained to the drywell is closer to 1000 square feet. The architect did not know what specific roof area would be connected to the drywell. The project engineer performed a percolation test to determine the size and depth of the drywell. The architect did not know the depth of the groundwater table at that location. The CZMC determined that additional information would be required to support the sizing of the drywell. This information should be provided at the Planning Board's next scheduled meeting. It is recommended that the proposed drywell be sized to accommodate runoff from the leaders located on the eastern portion of the house (approximately 1,000 square feet.) instead of the net increase of 100 square feet. The Q CZMC also recommends that a new driveway drain be installed with a sump to capture sediment. CZ_0501 M CZMC—5/22/01,Page 4 of 6 ,�� /. Provided that the above changes are incorporated into the plans,the CZMC finds that the project is neither consistent nor inconsistent with the policies set forth in the Local Waterfront Revitalization Plan. e. Repair of Seawall at One Cedar Island Referred by the New York State Department of State, Division of Coastal Resources Paul Milliot and Scott Williams from Daniel S.Natchez and Associates were the consultants representing the owners of One Cedar Island, Mr. and Mrs. Falk. The proposal is for the repair and restoration of 710 feet of seawall surrounding the property. The proposed project calls for the repair of several sections of the seawall, in-place and for the construction of a concrete hip-wall along several sections of the wall that have deteriorated beyond repair. The hip wall will be 18 inches wide along most of its length but will be 30 inches wide in sections that require additional support. The hip wall will be one foot above the mean high water line in height and will have a stone-textured finish. According to the consultants, the Falk's have sought approval from the Village of Larchmont building department,which does not require a permit for this project. The Army Corps of Engineers has indicated that the project could be authorized under Nationwide General Permit#3. The NYS Department of State(NYSDOS)has requested that the project be reviewed by the CZMC to determine consistency with the Local Waterfront Revitalization Program. The NYSDOS is waiting for our determination before deciding if the project will be subject to a full consistency review by their Department. The Falks' have also been in contact with Marine Biologist Chuck Nieder, at the NYSDEC. He has visited the site and gave his preliminary approval for the proposed project. The consultants described the existing stone retaining wall as being in terrible condition; the previous owners of the property allowed the wall to deteriorate. The original wall was built utilizing unsuitable materials: the stone was too small and the mortar did not properly hold. The area behind the wall is substantially developed and contains a pool house, roads,trees, etc. The south side of the wall near the pool house is collapsing. A Westchester County combined sewer overflow pipe runs through the property and emerges through the wall. The Falk's have asked Westchester County to repair this pipe and outfall structure because it is leaking. According to the consultants,the repair of the wall is needed and reinforcement will be required in places where the wall cannot be feasibly rebuilt. If the seawall was to be completely rebuilt in-place,the original wall would first be removed,the land behind the wall graded and the wall rebuilt. This will not be possible in several sections because the seawall is supporting the upland structures like the pool house. Limited access is available to the existing wall from the landside because of the location of the pool house, pool and other upland structures. Work would have to be done from the waterside. If the existing seawall is removed,there will be a great environmental impact on the inter-tidal zone from the erosion of the bank while work is being done. Larger pieces of equipment will be required for demolition and for reconstruction than would be needed to construct a hip wall. Concrete will be piped in from the other side of house into reinforced forms. A letter was received from the NYSDOS, stating their concern about the permanent loss of public lands for the placement of the hip wall. The hip wall will need to occupy approximately 1200 square feet of public land. The wall will be 18-inches wide, and in ® some locations,will be as wide as 30-inches. According to Mr. Milliot,the hip wall should not be considered as usable property, it would not be as high as the existing wall. Its function will be only to prevent the existing wall from collapsing. According to Mr. Milliot,the Flint Land Grant covers the beneficial use and enjoyment of underwater lands. Underwater land users are often charged to lease this property if the land use is a CZ_0501 M CZMC—5/22/01,Page 5 of 6 commercial enterprise. For example,a marina would pay a fee to use underwater property. The Falk's may be able to obtain a conversion grant to allow them to use this property for the siting of the hip wall. The NYS Office of General Services oversees this. The CZMC has determined that the loss of public lands for the purpose of constructing a hip wall greatly outweighs the environmental degradation that may occur if the entire wall is removed and replaced or is allowed to further degrade. The CZMC finds the proposed project to be consistent with Policy 2, which states the following: Policy 2 Facilitate the siting of water dependent uses and facilities on or adjacent to coastal waters. The Explanation of Policy States: "This policy applies to both water-dependent and water-enhanced uses, and is defined as follows: A water-dependent use is one that must be located on or adjacent to coastal waters in order to function. Among such uses appropriate in this area are: 3. Flood and erosion protection structures(for example: breakwaters, bulkheads)" 4. Old Business No old business to discuss. 5. New Business A memo should be written to the Zoning and Planning Boards requesting referrals earlier in the approval process. Future referral packages for the CZMC should include the drainage plans for the site,the percolation test results, the calculations used to size the drywells or infiltrator system and a copy of the letter from the Town/Village Engineer approving the plans. Any proposed actions located within 100 feet of a Critical Environmental Area should be referred to the CZMC before a variance is issued. CZMC would like clarification of the approval process to insure that CZMC is consulted early in the approval process. The Town Code should be reviewed to determine what the proper procedure should be in this situation. The meeting was adjourned at 10:30 p.m. The next scheduled CZMC meeting will be held on June 26, 2001. Anyone unable to attend this meeting should contact Elizabeth Paul at(914) 381-7845. C CZ_0501M CZMC—5/22/01,Page 6 of 6