HomeMy WebLinkAbout2001_11_27 Coastal Zone Management Commission Minutes Town of Mamaroneck — Village of Larchmont
COASTAL ZONE MANAGEMENT COMMISSION
TOWN CENTER: 740 West Boston Post Road, Mamaroneck, NY 10543
914-381-7845
CZMC Minutes
November 27,2001
A regular meeting of the Coastal Zone Management Commission(CZMC)was held on
November 27, 2001 in Conference Room A, Town Center, 740 West Boston Post Road,
Mamaroneck,New York. The meeting was called to order at 8:10 p.m.
MEMBERS PRESENT:
Madelaine Berg, Chairperson
Dickson Brown
Frank Buddingh
Elizabeth Cooney
Katherine Dehais
Bernard Kaplan
Dr. C. Alan Mason
Howard McMichael
REGRETS:
Lili Andrews
William Bailey
Marc Godick
OTHERS PRESENT:
Phyllis Wittner Councilwoman, Town of Mamaroneck, Liaison to CZMC
Chris Verni Trustee, Village of Larchmont, Liaison to CZMC
Elizabeth Paul Environmental Coordinator, Town of Mamaroneck
Al Ragazzino Applicant, CM Vesta, 29 Marbourne Drive
Arnold Wile Architect, 43 Mohegan Road
Rick Bernstein Applicant, 24 Winged Foot Drive
Benedict Salanitro Engineer, 24 Winged Foot Drive
1. Approval of Minutes
The minutes for October 23, 2001 were accepted as corrected.
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CZMC— 11/27/01,Page 1 of 6 n Revised 1/23/2002
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2. Referrals
a. Freshwater Wetlands and Watercourses Permit for the Construction of a New
Single Family Residence at 29 Marbourne Drive-Block 334, Lot 25
Referred by the Town of Mamaroneck Planning Board
At the October 23, 2001 CZMC meeting, CZMC asked the applicant to provide
additional information on the original topography of the site, the original location of
the stream that runs behind the property and additional information on the existing
storm water detention system.
Members of CZMC reviewed the additional information provided by the applicant,
Al Ragazzino. The map showing the site's original topography indicated the original
path of the stream. The original course of the stream was not altered during the
regrading of the property.
Plans for the existing storm water detention facility were reviewed. The facility is
comprised of a series of 8' diameter pipes that collect the storm water. It appears
that the water flows out of the 8' pipes and into a 12-inch diameter pipe located
along the bottom of the structure. Holes in the bottom of this smaller pipe allow the
water to slowly percolate into the ground. Howard McMichael observed that the
discharge from the storm water detention facility has carved a deep channel in the
streambed and has deposited a lot of sediment in the woods. The facility does not
appear to be adequately detaining runoff from the subdivision. It is possible that the
holes on the bottom of the structure have become clogged with sediment, causing the
system to not function properly. It is likely that the retention facility has not been
serviced in quite some time and may need some maintenance.
The footprint of the proposed house is located outside of the existing drainage
easements. The footings of the proposed deck will be the closest part of the house to
the rear easement. A fifteen-foot wide drainage easement will be maintained
between the two homes to provide access to the sewer lines and the detention facility.
Members of CZMC expressed concern that the future homeowner may not be aware
of the underground detention facility and the legal consequences of having a drainage
easement on the property. According to the applicant, it will be the responsibility of
the future homeowner to maintain these easements and to understand the
consequences of purchasing property with an easement on it. Al Ragazzino thought
that access to the facility might also be available through Saxon Woods Park and that
the maintenance of the facility is the responsibility of the Town of Mamaroneck.
The landscaping plan was discussed. The rear of the property will be left as it is and
will not be landscaped. Frank Buddingh did not think that the root systems from
trees planted over the detention facility would damage the facility.
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The plans indicate that the soil stockpile will be located in the rear drainage easement
area. The Commission was concerned that the use of heavy machinery in this area
would damage the detention facility. Al Ragazzino explained that they do not expect
to stockpile very much soil and plan to cart away most of the material excavated
from the site. They expect to find a lot of rock and junk fill on the site that will not
be worth keeping.
Four pre-cast drywells will be installed in front of the house. CZMC was concerned
that since this was on the uphill side of the house, drainage problems may result if
the water flows back towards the foundation. According to the applicant, he was not
able to locate the drywells along the side of the house,because a zoning variance
would be required. He looked into using infiltrators instead of drywells but found
that there was not enough room for the system. Howard McMichael suggested
checking if it was possible to connect the drainage system to the storm water
detention facility. Mr. Ragazzino agreed to look into whether that would be feasible.
Frank Buddingh visited the project site and he did not see the holes from the
percolation test pits and noted that there was a significant amount of rock below the
surface. Al Ragazzino explained that the percolation tests were done during the end
of May or the beginning of June and the holes had been backfilled.
A letter will be written to Steve Altieri at the Town of Mamaroneck, requesting that
the storm water detention facility be inspected to determine if it is functioning as it
was designed. If it is not,the facility should be repaired or maintained as soon as
possible,while unobstructed access to the site is available. In addition,the Town
should inspect the facility to determine if any hazards exist that need to be
safeguarded before these lots are sold to families with children.
CZMC finds that the proposed action is not inconsistent with the policies set forth in
the LWRP. While the proposed action is located within the wetland buffer zone,
impacts on the wetlands will be mitigated by both the difference in elevation between
the project site and wetlands area, and the location of the existing storm water
detention facility between the project area and the wetlands. However, CZMC is
recommending that the wetlands permit not be issued until the Town has conducted
an inspection of the storm water detention facility and has determined that the
necessary maintenance and repairs will be able to be conducted without any
interference from the proposed action. In addition, CZMC suggests that the applicant
consider directing runoff from the house into the storm water sewer system or
directly into the storm water detention facility instead of using drywells.
CZMC- 1 1/27/01, Page 3 of 6 Revised 1/23/2002
b. Freshwater Wetlands and Watercourses Permit for Additions to the Existing
Single Family Residence at 43 Mohegan Road,Block 205, Lot 1
Referred by the Town of Mamaroneck Planning Board
Arnold Wile,the architect,presented his proposal for additions to the existing single-
family house at 43 Mohegan Road.
The project site is located at the corner of Mohegan Road and Avon Road, adjacent to
the Leatherstocking Trail conservation area. The site plan provided by the applicant
indicates the 100-foot wetland buffer line incorrectly, using the Leatherstocking trail's
footpath instead of the actual wetland area as a starting point. The actual wetland area
is located between the footpath and the property line, making the proposed addition
within the 100-foot wetland buffer zone. Elizabeth Paul described the wetlands area
as an intermittent stream channel, located between the property line and the
Leatherstocking Trail's footpath. This is currently dry because there has not been any
significant rain for some time.
The existing driveway slopes downhill from Mohegan Road and leads to a garage
located under the rear of the house. At the bottom of the driveway, there is a small
drain, and an earth berm,that is located between the bottom of the driveway and the
wetland area. The applicant proposes to construct a new two-car garage with a small,
single-story dining area and a deck on top and proposes to enlarge the existing
driveway. The existing garage will be used for storage.
It was noted that this addition would be quite large and would create a visual impact
on the conservation area. During the fall, when the leaves first come down from the
trees,the houses along the conservation area appear to be much closer to the trail than
usual. According to Mr. Wile, the earth berm will hide much of the first story of the
addition from view. The second story will be at the same height as the rest of the
house and will be the same distance from the rear property line. The previous
additions to the house were completed within the past 15 years.
It was noted that the applicant had not completed sections of the long Environmental
Assessment Form. While several sections of this form are the responsibility of the
applicant, other portions are supposed to be completed by the Lead Agency, which in
this case is the Planning Board. Elizabeth Paul will check with the Building Inspector
to determine which sections are the responsibility of the applicant and which should
be completed by the Lead Agency.
The drywell design was discussed. Comments were received from Marc Godick,
asking to clarify if the drywell was to be located 90 feet from the property line and if
it was located in the wetland buffer zone. The drywell is designed to store a volume
of 223.64 cubic feet. It would be located 90 feet from the property line, within the
wetland buffer zone. Due to the location of the drywell inside the earth berm, it was
determined that the drywell would not impact the wetlands.
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CZMC finds that the proposed action is not inconsistent with the policies set forth in
the LWRP. While the proposed action is located within the wetland buffer zone, and
directly adjacent to a Critical Environmental Area, construction impacts on the
wetlands will be mitigated by the presence of a five-foot high earth berm. Visual
impacts on the Critical Environmental Area can be mitigated if the applicant agrees to
plant evergreens along the rear of the property to screen the house from the hiking
trail. In addition, CZMC recommends the use of pavers instead of macadam on the
driveway.
c. Freshwater Wetlands and Watercourses Permit for Additions to the Existing
Single Family Residence at 24 Winged Foot Drive, Block 204, Lot 310
Referred by the Town of Mamaroneck Planning Board
Rick Bernstein,the applicant and Benedict Salanitro,the Consulting Engineer
presented their proposal to construct a single story addition on the rear of the house
and to rebuild and enlarge the existing deck. The required zoning variance has
already been granted to the applicant.
The property is located directly adjacent to the Leatherstocking Trail Conservation
Area, and is situated approximately 12 feet above the elevation of the trail. A
retaining wall and a row of euonymus trees are located between the conservation area
and the rear of the property. The proposed work will be outside of the wetlands
buffer zone,but will be within 25 feet of the Conservation Area.
The new deck will be the same style as the old deck, above ground, supported by
piers, with open decking and a pervious material underneath. The drywell is
collecting runoff from the roof area. The percolation test for the drywell was dug to a
depth of four feet. At this location,the depth to the ground water table is
approximately 8 to 10 feet.
CZMC discussed the visual impacts of the proposal. The applicant passed around a
copy of a sightline survey he had done several years ago. The survey shows
approximately one hundred trees located between the trail and his home. Since the
property is elevated approximately 12 feet above the trail, and there are a large
number of trees screening the property from the trail,the visual impacts will be
minimal.
CZMC has determined that the proposed construction of a singe story addition and deck
is not inconsistent with the policies set forth in the Local Waterfront Revitalization
Program. The screening provided by the existing vegetation and the location of the
property 12 feet above the trail will mitigate the visual impacts on the Leatherstocking
Trail Critical Environmental Area. In Addition, CZMC recommends that the Town
Engineer review the drywell design and check the calculations for accuracy.
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Open Space Inventory
Madelaine Berg distributed a revised draft of the open space inventory letter. This letter
includes comments she received from CZMC members and Phyllis Wittner. This letter
will introduce the open space inventory to residents and asks residents to allow us to
inspect their property and determine if it is suitable for inclusion in the open space
inventory.
4. Old Business
A letter was received by CZMC from the Town of Mamaroneck Planning Board
regarding 19 Kolbert Drive. In the letter, dated November 19, 2001,the Planning Board
rejected the determination of inconsistency by CZMC. The Planning Board noted that
CZMC did not state the reasons for the determination of inconsistency. The Commission
discussed the fact that there is nothing in the LWRP that states specifically that nothing
can be built in the wetland buffer zone, although it is the intent that the buffer zone be
protected to the highest possible degree. Policy 44 states, "Preserve and protect tidal and
freshwater wetlands and preserve the benefits derived from these areas." Where possible,
a 100-foot buffer zone should be preserved around wetlands, however, it is not
necessarily inconsistent with the policy to approve building within the buffer zone. The
Town of Mamaroneck's freshwater wetlands law requires a permit to build in the buffer
zone. CZMC discussed the fact that in the future it will state why the proposal is a threat
to the wetlands,not just that the proposed project is located within the buffer zone.
Marc Godick mentioned in his comments to CZMC that the proposed projects at 29
Marbourne Drive and 24 Winged Foot Drive were located adjacent to Critical
Environmental Areas. According to Phyllis Wittner, there isn't strong enough language
in both the Town and Village Laws to prohibit construction within a buffer zone around
critical environmental areas.
5. New Business
Phyllis Wittner handed out a newspaper article titled, "Making Golf Courses Ecologically
Greener."
Bill Bailey has decided not to accept another term on CZMC. Therefore,there will be an
opening for a member from the Village. If anyone knows of anyone who may be
interested, please have him or her contact Madelaine Berg.
The meeting was adjourned at 10:30 p.m.
The next scheduled CZMC meeting will be held on January 22, 2002. Anyone unable to attend
this meeting should contact Elizabeth Paul at(914) 381-7846 or at
conservationdept@townofmamaroneck.org
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