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HomeMy WebLinkAbout1998_04_28 Coastal Zone Management Commission Minutes Town of Mamaroneck — Village of Larchmont COASTAL ZONE MANAGEMENT COMMISSION 414TOWN CENTER: 740 West Boston Post Road, Mamaroneck, NY 10543 = 914-381-7845 CZMC MINUTES April 28, 1998 A regular meeting of the Costal Zone Management Commission (CZMC) was held on April 28, 1998 in Conference Room "A", 740 West Boston Post Road, Mamaroneck, New York. The meeting was called to order at 8:15 p.m. MEMBERS PRESENT: Madelaine Berg Bernard Kaplan Nancy Seligson, Co-Chairwoman REGRETS: Lili Andrews, Co-Chairwoman William H. Bailey Marc S. Godick Ruth Gyure Dr. C. Alan Mason Howard McMichael Richard Ward Eileen Weingarten OTHERS PRESENT: James W. Athey, Jr. Environmental Coordinator, TOM Ned Benton Liaison, VOL Phyllis Wittner Liaison, TOM It was noted that a quorum did not exist. 1. Approval of Minutes: - The minutes from 3/24/98 could not be approved. The minutes from 3/24/98 and tonight(4/28/98) will be subject for approval at the May 26, 1998 meeting. CZ_0498M.WPD CZMC-4/28/98 Pg.1 fa: Printed on Recycled Paper 2. Discussion of Proposed Amendment to Larchmont Consistency Law - Nancy Seligson stated that the Village of Larchmont (VOL)Board of Trustees were unable to attend the meeting tonight to discuss the proposed amendment to the Larchmont Consistency Law. - Ned Benton, the new VOL Liaison to the CZMC, stated that he would discuss the proposed law on their behalf and point out questions and concerns that arose during the VOL Board of Trustees' last discussion of this matter. Mr. Benton stated that the Board has three primary concerns: 1) the way that the amendment is drafted makes it difficult to read and understand which may affect the way that it is interpreted and possibly its effectiveness, 2)the 30 day turn-around period seems as though it would hold up relatively small projects unnecessarily, the Board wanted to know if there was a way to speed up the process on these small projects, and 3) the Board feels that too many projects that may not necessarily warrant CZMC review will have to be sent to the CZMC anyway which, again, will delay minimal projects where building inspector review may suffice. - The Commission stated that the length of time allowed for CZMC review is not being changed. The wording is merely being changed to state that the CZMC shall render an opinion "within 30 days of its receipt of the complete application" instead of"within 30 days from such referral", which effectively does not change the current process as the CZMC cannot render an opinion if it does not have complete information. The Commission added that this may, in some cases, speed up the process. For example, if a referral is sent to the CZMC with incomplete information, the CZMC may be forced to request an extension from the lead agency so the complete information can be obtained and the CZMC can render its opinion (at its next monthly meeting). - N. Benton inquired whether the proposed law differed substantially from the existing law, in terms of what types of projects will require CZMC review. - The Commission stated that the proposed law is not substantially different from the existing law, that is, before the recent changes in SEQRA (State Environmental Quality Review Act). The existing law is based on SEQRA and when SEQRA changed, it "took away" some actions that had formerly required CZMC review. The proposed changes to the Consistency Law would merely retain many of these actions which, in the opinion of the Commission, should be reviewed by the CZMC because they have the potential of creating adverse conditions that may affect our communities/environment if not monitored and carried out properly. - Mr. Benton asked if there was information available which describes the changes in SEQRA. CZ_0498M.WPD CZMC-4/28/98 Pg.2 - N. Seligson stated that she had sent a memorandum to Mayor Cheryl Lewy, the VOL Board of Trustees and James Staudt explaining the proposed changes to the VOL Consistency Law and the changes to SEQRA. - N.Benton stated that he had not yet seen this memorandum. Mr. Benton asked who decides if an action will be referred to the CZMC and if the CZMC had ever substantially held up a project from proceeding. - The Commission stated that most referrals come from either the Planning or Zoning Boards, however occasionally the Building Inspector, the Village or Town Boards or other governmental agencies will refer projects for CZMC review and, for the most part, it is subject to their (the referring agency or person(s)) discretion whether or not the project necessitates CZMC review. The Commission also commented that CZMC review of a project is often carried out simultaneously with other board's or commission's review and it is very rare that the CZMC would ever substantially delay any project, especially minor projects. - The Commission stated that the primary issues the CZMC deals with are non-point source pollution, runoff and flooding. The Commission continued by stating that the CZMC fulfills an important part of the review process because the referring agencies (or persons) may not be as well versed with these types of issues. - N.Benton inquired if there was a way to streamline the review process. - The Commission stated that it is working on Mamaroneck-Larchmont Coastal Assessment Form (CAF) that will accompany referrals to simplify the process and consolidate all pertinent information onto a single source. This form will aid the Commission's review, possibly speed up the review process and in some cases, will reduce the amount of paperwork required of the applicant. - A discussion ensued and the Commission agreed that a section would be provided on the new CAF for the referring agency or person(s) to comment on the project. The action would, however, still have to wait until the next scheduled meeting of the CZMC before a final decision could be made unless the Commission wanted to waive review on certain types of"routine" actions and allow the chairperson(s) of the CZMC to speak on its behalf. It was agreed that this method is not favored, but it could be subject for future discussions. - N.Benton asked if there was an existing standard CAF. - The Commission stated that there is a New York State CAF, however it is vague and not well suited for this area. The Mamaroneck-Larchmont CAF will be more specific to the needs of our communities. It was noted that individual municipalities do have the authority to draft their own CAFs. CZ_0498M.WPD CZMC-4/28/98 Pg.3 3. Discussion of Mamaroneck-Larchmont Coastal Assessment Form: - Using the NYS and the Town of East Hampton's CAFs for reference, the Commission discussed changes and additions to create the Mamaroneck-Larchmont Coastal Assessment Form. J.Athey will create the form from these notes and will present the form to the Commission at the next scheduled CZMC meeting for approval/review. 4. Members' Reports: - N. Benton asked the Commission if it would be interested in having a CZMC web page established through the Larchmont web site. The Commission agreed that establishing a CZMC web site would be excellent idea. J.Athey stated that he would start compiling the digital information (LWRP, Annual Report, CZMC Logo, etc.). - P.Wittner emphasized the need for the Commission to work on the Proposed Freshwater and Tidal Wetlands Law. She stated that the Commission may need to enlist the services of a consultant to review the law thus far and propose refinements. P. Wittner then inquired about progress on the wetlands mapping. J. Athey stated that he has acquired sample plots from ASI Landmark GIS for the Commission to review. J.Athey presented the plots to the Commission for comments and the Commission suggested several changes. The changes were noted and Mr. Athey stated that he would obtain revised maps before the next meeting. P.Wittner suggested that the Commission may want to have the same consultant that will review the proposed law (as mentioned above), review and assist with the wetlands determinations/delineations on the revised map. The meeting was adjourned at 9:50 p.m. The next scheduled CZMC meeting will be held on May 26, 1998. CZ_0498M.WPD CZMC-4/28/98 Pg.4