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HomeMy WebLinkAbout1991_07_23 Coastal Zone Management Commission Minutes APPROVED Town of Mamaroneck — Village of Larchmont COASTAL ZONE MANAGEMENT COMMISSION TOWN CENTER: 740 West Boston Post Road, Mamaroneck, NY 10543 ' 914-381-6133 MINUTES JULY 23, 1991 A regular meeting of the Coastal Zone Management Commission (CZMC) was held on July 23, 1991, in Senior Center of the Town Center, 740 West Boston Post Road, Mamaroneck, New York. The meeting commenced at 8 P.M. Members Present: Phyllis Wittner, Chairman Mary Feldtmose Lawrence Lowy Howard McMichael Shirley Tolley Richard A. Young Others Present: Bruce Beringer, 951 Fenimore Road Garrison R. Corwin, Jr. , Attorney for Beringer Claudia Ng, Environmental Coordinator & recorder REFERRAL - TOWN COUNCIL - LOCUST RIDGE ROAD PUBLIC LAND The Chairman read the Town Supervisor's letter, dated July 11, 1991, to concerned neighboring residents of the Town lands being proposed for sale near Locust Ridge Road, which is adjacent to the Leatherstocking Trail. The Supervisor stated that the Town Board is withdrawing this land from the auction block and referring the matter to CZMC and the Conservation Advisory Commission. With the help of Mary Anne Johnson, the Chairman drafted a reply to the Town Board, which was read and approved by the Commission. REFERRAL - LARCHMONT VILLAGE BOARD - WATERFRONT REZONING PROPOSAL The Commission discussed questions raised in the Mayor of Larchmont's memo. The CZMC felt that lot coverage should remain at 10% despite the increase in lot size. A house that covers 15% of 50,000 square feet would be an ' extremely large house. Ten percent is consistent with other areas. With regard to regulations on exterior lighting, the Commission felt that this was important, but would be acceptable if placed in a different law. It was noted that the Village of Larchmont Zoning Law contains some regulations. Mrs. Tolley commented that lighting regulations should be dealt with separately and comprehensively. On-street screening requirements which would allow heights of greater than four feet were considered to be inconsistent with the LWRP because it would block the views of Long Island Sound. CZMC Minutes July 23, 1991 Page 2 For off-street parking, permeable surfaces were, obviously, preferred over impermeable surfaces. Mrs. Wittner noted that the Village's attorney omitted two items from Mr. Shuster's draft. She will write the reply. REFERRALS - TOWN PLANNING BOARD BERINGER SUBDIVISION Mr. Garrison Corwin, attorney to the applicant, was present. Mr. Beringer arrived in the middle of the discussion. Mrs. Tolley described the proposal to subdivide 951 Fenimore Road into two lots. She explained that this property predated the Fenbrook Subdivision. The new lot would be approximately 48,000 square feet; the original homesite would retain 75,000 square feet. There is a strip of land between Mr. Beringer's property and Fenimore Road belonging to another owner. However, Mr. Beringer has an access easement. Mrs. Tolley reported that she visited the site, but did not survey the entire land because it was densely wooded. The property does not contain a mapped freshwater wetland, but there is ponding during wet weather. Mr. Corwin noted that there is a wetland to the north of the Property according to the Sheldrake hydrological study conducted by Malcolm Pirnie, Inc. , but that his client is considering selling a portion of the northern property to avoid that sensitive area even further. The topography of the property is very varied. Rock outcoppings create a lowland which would contribute to the ponding. It would be safe to assume that the new owners would want a lawn, which would mean filling may be necessary. The Commission felt that the requirement for no increase in the rate of runoff should be invoked and put in the Planning Board's resolution so that prospective owners would be aware that they may have to implement detention or retention measures. McCARTHY SUBDIVISION Ms. Ng updated the Commission on Mr. McCarthy's application to subdivide his property at 26 Bonnie Way. She said that Shimon Gitlitz, the Town's Engineering Aide, has inspected the drainage system in that area and reported that debris was blocking the catch basin at the foot of Bonnie Way and that the pipes running down from there to the stream behind the houses were clogged with silt. Mr. Gitlitz feels that the size of the pipes are sufficient to handle all the stormwater and only needs to be cleaned out. Mrs. Tolley reminded the CZMC that the applicant was asked to submit an engineering analysis substantiating zero increase in rate of runoff leaving the site to the Town's Consultant Engineer and then appearing once more before the CZMC with this additional information and maps. Therefore, he was placed on this July 23rd CZMC agenda, but since no one appeared regarding same, the Commission could not conclude its comments to the Planning Board. SATURN DEALERSHIP This application requires Planning Board and Zoning Board approval. Although not formally referred by an agency, the Chairman wished to discuss the application and requested the applicant to be present at this meeting to CZMC Minutes July 23, 1991 Page 3 help answer questions. No representative, however, appeared. Ms. Ng explained the proposal for a Saturn dealership at 1380 Boston Post Road. The site has previously been used as a car dealership. Saturn has submitted plans for a 25 x 21 foot addition to the existing building. The building would contain offices and showrooms only. There is no provision or room for servicing. Ms. Ng reported that she had inspected the site, which she found to be entirely paved over. She said that she did not find any drains onsite. She believes that the runoff would flow from the property onto Boston Post Road and into a catch basin a little further down the street. The Commission felt that a hard line approach should be made on all areas with parking lots that would contribute to Long Island Sound's pollution and will request that a catch basin with appropriate traps be installed on the premises. Mrs. Tolley will assist Mrs. Wittner in drafting the letter. DRAFT ENVIRONMENTAL IMPACT STATEMENT: GOLF CLUB PROPERTIES With the help of Mrs. Tolley, the Chairman prepared a draft of CZMC's comments on the DGEIS on the golf club properties in the Town. She read the draft, which was framed by the statement that the DGEIS had insufficient data to make the conclusive statements that it did. Policies 7 and 7A, on habitats were cited, indicating that there was no factual basis for the statement that wildlife will migrate elsewhere and that the whole section on terrestrial and aquatic resources is poorly done. Mrs. Wittner compiled inventories of birds, wildlife, and plants from walkbooks and the Local Waterfront Revitalization Program (LWRP) , which will be appendixed to the letter. With regard to wetlands and water, policies 8, 14, 33, 37, 38, 44 and 44A were cited. It was noted that the Town's Flood Damage Prevention Law does not prohibit development in the flood plain and therefore the DGEIS statement that development will be controlled by existing regulations is incorrect. Sufficient detail on the sizes needed for buffer zones was also mentioned as lacking. Policies 10A and 30 were cited for the protection of Long Island Sound and the question of cumulative impact. The golf clubs allow runoff water to be filtered before entering waterways that lead to the Sound. Furthermore, upstream development and downstream effects are not included in the study. The archeological study, policy 23, was also considered inadequate. Knowledgeable persons cited in the bibliography provided by Mrs. Wittner to the consultants had not been contacted. The Commission felt that the preliminary study by Shuster Associates on the maximum units allowable should not be included in the DGEIS because the schematic paid no attention to existing Town policy. Other comments included the fact that the 1966 Master Plan mentions that the Town had a total recreation area of 152 acres, where 220 acres was considered appropriate by nationwide standards. Privately-owned recreational lands should not be included in the figures because they are not guaranteed, like the recent loss of the 10 acre Badger Day Camp. .A suggestion to investigate "existing use zoning" was also mentioned. CZMC Minutes July 23, 1991 Page 4 The Commission felt that it did not have the expertise to appropriately comment on the hydrological portion of the study. Overall, serious questions were raised about the zoning proposals' consistency to the LWRP. The Chairman will revise the draft and circulate it to CZMC members for final review before submission on August 2. CONSULTANT SERVICES The July 1991 newsletter from Hudsonia was mailed to the members. This issue explained how biologists survey land, inventory and assess special resources using Eve's Point as a case study. The Chairman thought this was a good example of how a consultant could be utilized. She felt that it was important to already have on hand background information which could be referred to instead of always reacting when a threat arose. Mr. McMichael said that he would rather know what would be accomplished by a particular research project before sponsoring it. Mr. Young thought some homeowner associations or civic organizations may be interested in sponsoring this kind of research for their environs. He will ask his homeowner association whether they would be interested in this when they meet on Monday. Mrs. Tolley then suggested that the CZMC might be interested in the services of a naturalist--remembering the invaluable service Cliff Emanuelson provided to both the CAC and CZMC. Mrs. Wittner said she would investigate this possibility. CHAIRMAN REPORTS A. Correspondences - Incoming: 1. 7/2/91 - Letter from Senator Suzi Oppenheimer stating her opposition to the relocation of the New Rochelle Transfer Station to City Park. Correspondences - Copies: 1. 7/11.91 - Gary Trachtman, Town Consultant Engineer, to Connecticut Department of Environmental Protection, RE: revised Coastal Permit application for Premium dredge spoil disposal. Comment: The Town is hoping to have all necessary permits and begin dredging project by October 1. 2. 7/8/91 - Joan Simon of Larchmont Parks and Trees Committee to Robert Wassman of Town Board of Architectural Review, RE: Lexus. Comment: The applicant has agreed to plant over 100 trees on the property. The Town's Consultant Engineer feels that the earth berm to be arranged along the back for the planting of trees bordering East Creek will be sufficient to mitigate runoff. No additional requirements will be placed on exterior drains. Drains within the building will have an oil collar. CZMC Minutes . July 23, 1991 Page 5 0 3. 7/17/91 - Richard Coico to Kathryn Clarke, RE: LIST Water quality Testing Program. Comment: Dr. Coico obtained a videotape of the seminar and is expecting a manual shortly. Mrs. Wittner will contact the CAC to coordinate. B. Other: Erosion and Sediment Control - Gary Trachtman has been given the disk containing the latest version of the proposed law. He will try to have a final draft ready in September. MINUTES - The minutes of May 28, 1991 were approved following corrections. MEMBERS' REPORTS/MINUTE LARCHMONT ZONING BOARD - Mrs. Feldtmose stated that there was nothing significant to report. She did, however, comment that the Board is now checking to see if CZMC has any comments on cases. LARCHMONT CENTENNIAL PARADE - Mrs. Feldtmose updated the Commission on her involvement with the parade. She said that the Village is providing either a banner or a placard. She chose the banner for CZMC. She is trying to coordinate with the CAC and will contact LIST too. LIFE Center may be IIIsetting up a booth in front of the Library. Mrs. Feldtmose is investigating whether the Commission can do the same. She is now seeking sources for handouts. Village of Mamararoneck Harbor Commission - Mr. McMichael reported that he has asked the Harbor Commission to consult with the Larchmont-Mamaroneck CZMC when hearing items pertaining to intermunicipal areas. They are just getting familiarized with the SEQR (State Environmental Quality Review) process. NEW OR OTHER BUSINESS Governor's Task Force on Coastal Resources - The Chairman reminded the Commission that the Task Force is holding its public hearing in Town on August 28. Army Corps of Engineers Flume Project - Mrs. Wittner reported that she and Dr. Mason had attended a recent meeting with Army Corps representatives in the Town, who explained that the Corps is no longer considering a flume for a portion of the Sheldrake River to mitigate flooding. She will give a full update at the next meeting, but mentioned that the Federal Emergency Management Agency maps (federal flood maps) are not used by the Army Corps. 41:) NEXT MEETING - August 27, 1991.