HomeMy WebLinkAbout1999_01_26 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
January 26, 1999
A regular meeting of the Costal Zone Management Commission (CZMC) was held on
January 26, 1909 in Conference Room"A",740 West Boston Post Road,Mamaroneck,New York.
The meeting was called to order at 8:10 p.m.
MEMBERS PRESENT:
Lili Andrews, Co-Chairwoman
William H. Bailey
Madelaine Berg
Marc S. Godick
Ruth Gyure
Bernard Kaplan •
Dr. C. Alan Mason
Nancy Seligson, Co-Chairwoman
REGRETS:
Howard McMichael
Eileen Weingarten
OTHERS PRESENT:
James W. Athey, Jr. Town of Mamaroneck Environmental Coordinator
James Bush Representative for 19 West Drive
David Hachey Property Owner at 3 Gate House Lane
Kenneth Kurtz Representative for 19 West Drive
Al Ragazzimo Representative for Lots 350.1 and 350.2 on Marbourne Drive
Ralph Miles Property Owner at 1 Gate House Lane
Joel Negrin Attorney for property owners at 1,3 & 5 Gate House Lane
Jack Pisco Representative for Lots 350.1 and 350.2 on Marbourne Drive
Ben Simkhai Property Owner at 3 Gate House Lane
Phyllis Wittner Town of Mamaroneck Liaison
1. Approval of Minutes:
- The minutes from 11/24/98 were unanimously approved with corrections from members
on a motion by C.A. Mason seconded by B. Kaplan.
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%J Printed on Recycled Paper
C 2. Consistency Referrals:
Freshwater Wetlands and Watercourses Permit- Two Story Addition and Deck
19 West Drive, Block 107 Lot 40
Requested by: Town of Mamaroneck Planning Board
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- K. Kurtz presented photographs of the house and property at 19 West Drive to the
Commission.
- The Commission stated that its primary concern discussed at the November meeting
was the encroachment onto the Leatherstocking Trail Conservation Area.
- Mr. Kurtz stated that the property owners are aware of the encroachment and have no
objection to restoring this area as per the Town's recommendations. They are currently
working on a planting plan in coordination with the Town Conservation Department.
- The Commission inquired about the construction of the deck and the existing versus
proposed setbacks.
- Mr. Kurtz stated that the deck will be built on pilings and there is currently 10 feet
between the house and the property line/conservation area. The proposed setback, after
construction of the deck, is 6 1/2 feet.
- A discussion ensued and the Commission stated that it has no objections to the proposed
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addition, however it disagrees with the portion of the proposed deck that will exist
outside of the allowable building envelope. The Commission stated that the cumulative
impact of these "minor" projects where property owners are permitted to build closer to
the Town's conservation areas, primarily where zoning variances are required, is
inconsistent with Policy 7A of the Local Waterfront Revitalization Program (LWRP)
which states the following:
POLICY 7A
The following locally important habitats designated as critical environmental areas:
1) The Hommocks Salt Marsh Complex including the East Creek area;
2) The Larchmont Reservoir-Sheldrake-Leatherstocking Freshwater Wetland Complex;
3) The Premium Salt Marsh Complex
shall be protected, preserved, and, where practicable, restored, so as to maintain their
viability as habitats.
- The CZMC finds that the proposed addition at 19 West Drive is neither consistent nor
inconsistent with the policies of the LWRP, however the portion of the deck which extends
beyond the allowable building envelope towards the conservation area is inconsistent with
Policy 7A of the LWRP. A letter will be sent to the referring agency stating such. A copy
of this letter will also be sent to Kenneth Kurtz.
C
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Proposed Amendment to Section 95-10H of the Town of Mamaroneck
Erosion and Sediment Control Act
Requested by:Town of Mamaroneck Town Council
- The Commission stated that, at the request of a local architect, the Town Board is
proposing to replace "erosion control specialist or person(s) with demonstrable
educational and experiential qualifications in the field" with "architect" in section 95-
10H of the Mamaroneck Town Code.
- A discussion ensued and the CZMC disagreed with the removal of"erosion control
specialist", however the CZMC finds it acceptable to include architect.
- The CZMC agrees that the law should be changed to read:
"Signature block language, including the seal of a licensed New York professional
engineer, certification of a Certified Professional in Erosion and Sediment Control
(CPESC) or a registered architect." A letter will be sent to the referring agency stating
such. •
3. Discussion: Development of Two Vacant Lots on Marbourne Drive
(Block 330 Lots 350.1 & 350.2)
•
- Jack Pisco presented site plans displaying the proposed locations for both houses on the
two undeveloped lots.
- David Hachey, resident at 5 Gate House Lane, stated that the drainage channel was created
approximately ten years ago. It is his opinion that the water that accumulates in this
channel presents a hazard to the adjacent properties. He continued by stating that he has
addressed this issue with the Town on several occasions, however the situation has never
been remedied. Mr. Hachey's primary concern, regarding the development of these two
lots, is that the water situation does not become worse after construction and if
possible, any existing hazards or inconveniences, due to the accumulation of water in this
channel, be reduced or eliminated.
- The Commission asked Mr. Hachey if water currently flows onto his property from the
undeveloped lots.
- Mr. Hachey stated that his property is graded higher than these properties, therefore he
does not receive any water flow from these properties. The only standing water is in the .
drainage channel which lies on the property line. Mr. Hachey added that he uses sump
pumps in has basement.
- Joel Negrin stated that Ben Simkhai's property at 3 Gate House Lane, which also borders
these undeveloped lots, is graded a few feet lower than Mr. Hatchey's property and water
does accumulate on his lot. Mr. Simkhai's property, after most rain events, typically has •
ankle-deep water (or on occasion deeper) in the backyard covering a 30-40 foot diameter
area.
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0 - J. Negrin, B. Simkhai, D. Hatchey and R. Miles expressed concern for the existing trees on
these two undeveloped lots in terms of how many trees are proposed for removal and how
altering the site may adversely affect the remaining trees.
- The Commission inquired about the condition of the two undeveloped lots.
- Al Ragazzimo stated that there is currently a stock pile of rock that was blasted from the
first lot they developed across the street. Mr. Ragazzimo stated that a large portion of
the blasted material has been trucked out. They intend to use some of the remaining
material for fill and to construct a stone wall.
- Mr. Negrin submitted photographs of the lots to the commission that he took the weekend
before.
- The Commission asked about the stumps on the properties (from the photographs).
- Jack Pisco stated that they are planning to remove all debris by April 15, 1999.
- The Commission asked how they, J. Pisco and A. Ragazzimo, are proposing to handle the
site drainage and the standing water on the lots.
- A. Ragazzimo stated that they recognize that there is a problem with the water on this •
property and they hope to alleviate it. Although they do not have any plans to date, they •
are considering filling the channel with a porous material and piping the water in this
area to a series of drywells with an overflow pipe to the storm sewer system. Mr.
Ragazzimo added that they are fortunate to have as much space as they do across the two
lots to handle the drainage, and they intend to make full use of the available area.
- The Commission stated that an overflow to the storm sewer system is not a preferred
solution. The storm sewers are already at full capacity and an overflow would only
exacerbate the problem. The Commission also stated that any stormwater engineering
study that is performed for this site will have to take the adjacent properties into
consideration in order to fully understand what is taking place on this (these) site(s).
- The Commission reviewed the site plans provided by the applicant, a discussion ensued
and the CZMC requested the following from Pisco and Ragazzimo for further review at the
next meeting of the CZMC:
1) look at the possibility situating the houses or driveways differently in order to
preserve some of the remaining trees, primarily the lot with access to Old White
Plains Road (this proposed driveway cuts through one of the major stands of trees on
the site) wquimimommmgmawpgwwmum..m•Nsi.i
2) any proposed final grading be performed in a manner that will not adversely affect
the remaining trees (grades where trees exist essentially must remain unchanged
unless wells or other tree protective measures are used)
3) consider using a material for the driveways, walkways, patios, etc. that is more
porous than asphalt and concrete, such as gravel or paving stones
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4) an engineering study for stormwater flow/proposed stormwater detention be
performed in accordance with the following: a) the study take into consideration
stormwater drainage from the adjoining properties and any resulting effects that the
proposed construction may have on them, desirable or adverse, b) the resulting
stormwater drainage/retention system be designed without storm sewer overflows and
c) the resulting stormwater drainage/retention system be designed using both, •
surface and subsurface design measures; more specifically a below ground
drywell/infiltration system and a small surface channel, vegetated appropriately, to
contain and direct the water on the surface
A letter stating the above will be sent to Al Ragazzimo and Jack Pisco of Marbourne
Reality. A copy of this letter will also be sent to:
Ronald Carpaneto Town of Mamaroneck Director of Building
Mark Mustacato Architect for Marbourne Reality
Joel Negrin Attorney representing adjoining property owners and
resident at 15 Gate House Lane
Ralph Miles Resident at 1 Gate House Lane •
Ben Simkhai Resident at 3 Gate House Lane
David Hatchey Resident at 5 Gate House Lane
•
4. Discussion: Proposed Storage Tank and Wastewater Management Workshop
- M. Godick stated that Westchester County would teach a one hour session on petroleum
bulk storage and he would give a presentation to fill in the maintenance and inspection
requirements and also stormwater and wastewater requirements. He stated his primary
emphasis would be maintenance and inspection. The purpose of the workshop would be to
reach out and educate business owners of the surrounding municipalities. Lexicon
Environmental Associates, Inc. would organize the workshop and prepare mailings by
searching the state database for tank listings. Lexicon would also provide refreshments
for participants. The proposed workshop would take place at the Mamaroneck Town
Center and the CZMC would be asked to pay for postage.
- A brief discussion ensued and the CZMC agreed that the proposed workshop is a good idea,
however the Commission would like to discuss and review the proposal further. The CZMC
suggested that M. Godick prepare a concept proposal stating exactly what the workshop •
would entail. A subcommittee was formed to review this matter and it will be discussed at
the February 23rd meeting of the CZMC. The subcommittee consists of the following
people: Nancy Seligson, Marc Godick, William Bailey, Madelaine Berg and James Athey.
This proposal will also be submitted to the Town attorney for review.
5. Discussion: Mamaroneck-Larchmont Coastal Assessment Form
- W. Bailey stated that he has been in contact with other states and municipalities
regarding the Mamaroneck-Larchmont Coastal. Assessment Form and he has been assembling
information for discussion. He will distribute this information for discussion at the
next meeting of the CZMC.
•
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6. Chairpersons' Reports
- N. Seligson read a January 22, 1999 letter from the Town of Mamaroneck Planning Board
aloud to the Commission regarding 19 Fenbrook Drive. The letter stated that " the
Planning Board voted to accept the CZMC's determination, set forth in its December 8, 1998
letter, that the application is inconsistent with certain policies contained in the Town
of Mamaroneck-Village of Larchmont Local Waterfront Revitalization Program.
Nonetheless, the Planning Board voted to approve the application pursuant to Mamaroneck
Town Code § 234-5(A)(2), on the grounds that 1) no reasonable alternatives exist that
would permit the construction of the proposed single-family home in a way that would avoid
such inconsistencies; and 2) the application as proposed will minimize all adverse
effects on the wetlands buffer, the adjacent wetland, and the other natural features that
the policies of the LWRP are designed to protect."
- N. Seligson stated that Steve Coleman would be present at the next meeting of the CZMC to •
present and discuss his proposed wetlands law revision.
- N. Seligson stated that the Village of Larchmont is proposing changes to its Zoning Law.
She will contact the Village to inform them that the CZMC is interested in commenting on
any changes. •
7. Members' Reports
- M. Godick stated that Jack's Automotive does not appear to be maintaining their erosion
control measures adequately. He will contact Joe Morgan, the Village of Larchmont
Building Inspector, regarding this matter.
- W. Bailey stated that the house at the corner of Kane and Elm Streets has a pile of
construction debris that appears to be contaminating the stormwater runoff from the site.
He will contact Joe Morgan regarding this matter.
The meeting was adjourned at 10:10 p.m.
The next scheduled CZMC meeting will be held on February 23, 1999.
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