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HomeMy WebLinkAbout1990_10_23 Coastal Zone Management Commission Minutes Town of Mamaroneck — Village of Larchmont CO COASTAL ZONE MANAGEMENT COMMI SSION TOWN CENTER: 740 West Boston Post Road, Mamaroneck, NY 10543 4. 914-381-6133 at iMED ►� BAN 16 1991 _. MINUTES e� sotik R N N OCTOBER 23, 1990 µp143' Qy oz. 6 A regular meeting of the Coastal Zone Management Commission (CZMC) was held on October 23, 1990 at 8 P.M. in Conference Room A of the Town Center, 740 West Boston Post Road, Mamaroneck, New York. Members Present: Phyllis Wittner, Chairman Richard A. Young Mary Feldtmose Richard Metzner Richard Coico Shirley W. Tolley Elinor Fredston C. Alan Mason Others Present: Mary Anne Johnson 4I:) Donald S. Mazin, Atty. Richard Beobide, co-owner, Collision Tech Robert Contraras, co-owner, Collision Tech Judith Spikes, Sound View News Claudia Ng, Environmental Coordinator Carol Hayes, Recorder 1. REFERRAL a. Collision Tech, 2430 Boston Post Road (TOM Planning Board referral) Attorney Donald S. Mazin appeared at the meeting because he represents Louis Vitiello, an applicant for a special permit to operate an auto oil and lube franchise on the upper floor of 2430 Boston Post Road, and Robert Contraras, co-owner with Richard Beobide of Collision Tech, an existing business on the lower floor of the premises. Mr. Contraras and Mr. Beobide joined Mr. Mazin in attending this meeting; Mr. Vitiello was not present. Mr. Contraras applied in August for a special permit to operate the auto body and glass repair business, which he and Mr. Beobide purchased from former owner Donald Ritacco. Permits are granted to individuals rather than to businesses, so the purchasers were required to make a new application. . The application was referred to the CZMC in September, but the application was not considered because detailed plans were not submitted regarding storm drainage, adjacent land elevations and adequate parking, all of which were requested by the Planning Board. i • CZMC Minutes 10/23/90 In the next application submitted, drainage was not detailed except for two small areas. Nevertheless, the site was visited by Shirley Tolley, as CZMC liaison to the Planning Board, Claudia Ng, Environmental Coordinator, and Phyllis Wittner, CZMC Chairman. Mrs. Wittner said that they found workers at the auto body shop sanding cars outdoors and dust was pouring into the air. There seemed to be no adequate ventilation. A later inquiry by Mrs. Wittner produced information that a special permit from the DEC is needed for a business such as this. Mr. Mazin presented a diagram to the board; he said it was an example of the way oil would be handled in the proposed oil and lube shop. The diagram was of a rectangular box which would be filled with old oil and carted away, according to Mr. Mazin. Oil would be pumped directly from cars into the box, and the box would be picked up by carters so that no spillage would be possible, he said. Upon inquiry about how new oil would be delivered, and how it would be put into the cars, Mr. Mazin said that it would be "boxed" for delivery -- in oil drums -- and that it would be stored above ground and directly pumped. Mr. Mazin said that he did not believe an oil separator was necessary for the oil and lube shop or for the auto repair shop. He reminded board members that neither the Hi-Tech car wash nor the Citgo gas station have oil separators. Shirley Tolley said that there is not enough information provided in the plans to make a determination concerning oil separators. She said in her visit to the shop she saw a cubicle where cars are spray- painted. Water was rolling out from that cubicle and carrying particles from there to a floor drain. She reminded Mr. Mazin and others at the meeting that no one had yet defined exactly what happens to the water flowing from the building through the three interior drains. She said there is also a sump pump under the cubicle which pushes water out into the back. Mr. Contraras said that the sump pump is used because the water table is high. Mrs. Wittner asked how much paint is used in the painting of automobiles during a month, Mr. Contraras and Mr. Beobide said that they use only about five pints of paint a month, since they do not paint whole cars but only small parts of cars or damaged areas. When asked where the paint-specked water goes, Mr. Contraras said that it goes to an Artesian well in the back of the building. Claudia Ng presented blueprints drafted in 1971 and quoted from a letter written in 1981 regarding this property which she obtained from the Building Department. They indicated that the drains lead from 2430 Boston Post Road to a pipe that is 27" in diameter which in turn leads to a 3-ft. X 4-ft. box culvert under the Boston Post Road then to a 48" diameter pipe that leads into the Premium Marsh. Mrs. Wittner told the applicants that this information makes plain why it is upsetting to see cars being sanded and water draining into the pipes and then into the Premium Marsh. Shirley Tolley said that it might be wise if collars for the drains are investigated. The applicants said that the hill near their property created many water problems for them. Commission members agreed that they have not received enough information to make a determination on this two-part application. A list of what policies will be affected by the operation of the auto repair shop and the oil and lube operation will be drawn up and submitted to the Planning Board. - 2 - CZMC Minutes 10/23/90 2. APPROVAL OF MINUTES The minutes of August 28, 1990 were approved with minor corrections. The minutes of September 25, 1990, were approved with one alteration. 3. CHAIRMAN REPORTS A. Correspondence - Incoming 1) Report of National Beach Cleanup Day, enclosed with these minutes. 2) 10/10/90 - From Supervisor Silverstone RE: Request for recommendation of families for Habitat for Humanity Selection Committee with applications. Correspondence - Outgoing 1) To TOM Supervisor and Board RE: CZMC review of Litter Law (letter enclosed with minutes) has an incorrect date. It should be September not August. 2) 10/12/90 - Memo to TOM Planning Board regarding a non-referral application by Video Blockbuster concerning plantings. A suggestion was made by CZMC members that all four corners at Weaver St. and Boston Post Road be studied in a unified way. 3) 10/19/90 - Letter to the Editor of the New York Times by Phyllis Wittner in response to editorial of 10/16/90 regarding Davids Island. Members are to receive copies of the editorial and the letter within a week. All are urged to write individual letters. 4) 10/19/90 - Informal memo to Steven Silverberg RE: amendment to TOM Zoning Law based on VOL Local Law 02 (enclosed with minutes). The CZMC recommended that TOM incorporate the 1989 law in toto to the TOM Zoning Law. After a response from Mr. Silverberg, it was recommended that it be altered. He said that item 2d (all vehicles for sale, lease or rent should be stored in a fully enclosed structure) would be impossible to comply with. Correspondence - Copies: 1) 10/4/90 - Official reappointment of C. Alan Mason as member until October 1993. 2) 10/2/90 - Official reappointment, by Mayor and Village Board, of Phyllis Wittner as chairperson until September 1991 and as a member until 1993. - 3 - CZMC Minutes 10/23/90 3) 10/4/90 - Official reappointment of Phyllis Wittner by TownSupervisor and Board. 4) 9/18/90 - Mayor Curnin to Richard Metzner RE: reappointment to CZMC (3-year term) . 5) 10/22/90 - Mayor Curnin to Editor, New York Times, RE: Davids Island. B. Other 1) Village of Larchmont Board meeting of October 1, 1990: A background report was presented by Mrs. Wittner and Daniel Shuster on the proposed creation of a Waterfront District and Coastal Overlay District. a. Mayor Curnin requested that James Staudt, Village Attorney, put CZMC recommendations in "legalese. " b. Mary Feldtmose, Elinor Fredston, Howard McMichael, Richard Metzner and Robert Shoenberger were in attendance. 2) Town of Mamaroneck Board meeting of October 3, 1990. a. Kevin Ryan of the Conservation Advisory Commission presented his organization's annual report. He detailed work of three committees, open space, education curriculum and recycling. This year, the CAC expects to concentrate on open space and environmentally-friendly landscaping ( with an eye on pesticides, etc. ) , and water quality monitoring. b. A Tree Preservation Law Amendment public hearing is to be held on November 20, 1990. c. An historic plaque is to be donated by Burton Meighan and installed at the site of the old Methodist Chapel, now the bus shelter at Palmer Avenue and Weaver Street. 3) Town of Mamaroneck Board meeting of October 17, 1990 a. An update was given by Stephen Altieri on the Premium Marsh dredging project. Permits have been submitted to the DEC. They are to respond regarding completeness by October 26, 1990 and then other permits are to go out through Malcolm Pirnie. There is to be a public information meeting on November 13, 1990 in the Senior Center. b. The "Red" Bridge restoration has been postponed by the City of New Rochelle Public Works Department until spring of 1991. c. A public hearing regarding establishment of a Board of Architectural Review is to be held November 7, 1990. 4) Liaison assignments: Richard Young will be liaison with Shirley Tolley to the TOM Planning Board. Shirley Tolley will be backup for Richiard Coico for the Conservation Advisory Commission. Liaisons are still needed for the TOM and VOL Zoning Boards of Appeal. Elinor Fredston said that she will be available after January 1, 1991 for the Larchmont Zoning Board of Appeals slot. - 4 - CZMC Minutes 10/23/90 4. MEMBER REPORTS A. The Erosion and Sediment Control document is ready to be mailed to Laura Tessier, District Manager of Westchester County Soil and Water Conservation District for her review. Members had no corrections or additions. C. Report on TOM Planning Board: 1) Blockbuster Video proposal, for the corner of Boston Post Road at Weaver Street, came before the board (see Correspondence-Outgoing- item 2). It is the opinion of CZMC that a plan should be devised for the whole intersection, since two of the other corners, the old Hory Chevrolet building and the motel under conversion, are also empty now. Landscaping and building could be made complementary with an overall plan. 2) Michael Raffio has proposed a small subdivision, with two houses in New Rochelle and one in Mamaroneck Town at Dillon Road and Gaillard Place. New Rochelle will be lead agency. The CZMC will notify both New Rochelle and the Town that we will be an interested agency, under Policies 7 and 7a. of the LWRP. D. VOL Planning Board (Phyllis Wittner and Mary Feldtmose) : 1) The role of the Planning Commission regarding the Special Permit granted by the Zoning Board of Appeals to Volvo: This site plan must incorporate all of the 1987 site plan requirements plus new requirements. The Planning Commission must treat the original part as already approved (previously approved for service and showroom) . While the Planning Board is unhappy with parking layout, the Zoning Board has no width of aisle requirements and Village Attorney Jim Staudt said that they cannot impose a standard. Mrs. Wittner has been told that Special Use Permit is not part of State standards and criteria for ZBA. However, they were advised that once a Special Use is granted, the Planning Board cannot examine it. In the TOM, Special Permits are under the aegis of the Planning Board not the ZBA. 2) The Planning Board stated that it wanted to have the opportunity of "input into process" regarding the CZMC Waterfront proposal. The Planning Board Chairman Dym was interested in Zoning Board Chairman Denise Fletcher's recommendation of requiring public access to the waterfront. E. Conservation Advisory Commission (Richard Coico) Bob Hohberg reported to the CAC on his fieldwork with students in which he studies the water in 23 sites in our municipality and does counts of coliform, salinity, turbidity and several other factors. The CAC recommended that Mr. Hohberg continue these studies. Mr. Coico inquired about the possibility of coordinating his work with other studies being done in the county, such as those of Barbara Dexter and Project Riverwatch. Mary Ann Johnson said that Ms. Dexter began her program in Long Island Sound and then expanded because she needed to know what was flowing into the Sound through the rivers. Now she is across county, in the Hudson River. SUNY students are in her program, which is funded by grant money. Mrs. Wittner said that it would be helpful to track down what grant moneys are out there, and what benefits there might be in integrating programs. - 5 - CZMC Minutes 10/23/90 © 5. LWRP REVISIONS Wally Irwin was unable to attend this CZMC meeting. Ms. Wittner encouraged members to consider what might be revised. Policy refinements, versus changes in policy, might be the best way to go. Four possibilities are: Policy 25: Should it be broadened to include Master Plan recommendations? Are there new rules and regs that we should recommend? Should it talk about views from shore being unobstructed? Should it talk about open waters? Policy 2: Should it be broadened to discuss the opinion that recreational boating must be managed? Water requires use plan just as land does. Should there be special legislation required to regulate size and number of docks? (That would need standards and criteria. ) Policy 7A: Review VOL CEA for the Premium area and private property. Should the Beach Lot be included? Policies 41-43: Should these be reviewed to deal with air quality emissions from commercial zones? 6. OTHER BUSINESS 1) Johanna Brown, assistant to Representative Nita Lowey, is moving to Princeton, NJ. She has always been a well-informed, caring helpful liaison and she will be missed. 2) Regarding the Zoning Implementation to the Master Plan Update previously noted under Correspondence-Outgoing-item 4, the CZMC endorses consideration of the recommendations. CZMC members will receive an amended copy of the memo for discussion at the next meeting. 3) Mary Anne Johnson reported on the matter of land trusts. She said that in some cases, historical and archeological surveys can be instrumental in determining sites to be considered for trusts. In many cases, such trusts are best considered by individual communities, and can be set aside for recreation or education. The meeting ended at 10:15 PM. The next meeting is scheduled for November 27, 1990. - 6 -