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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. 0 t CZMC— 11/27/01,Page 1 of 6 n Revised 1/23/2002 t4, Printed on Recycled Paper 1 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. CZMC- 11/27/01,Page 2 of 6 Revised 1/23/2002 M 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. CZMC- 11/27/01,Page 4 of 6 Revised 1/23/2002 4 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. C CZMC- 1 1/27/01, Page 5 of 6 Revised 1/23/2002 i 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 CZMC- 11/27/01,Page 6 of 6 Revised 1/23/2002 e