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HomeMy WebLinkAbout1992_06_16 Coastal Zone Management Commission Minutes c Town of Mamaroneck — Village of Larchmont COASTAL ZONE MANAGEMENT COMMISSION TOWN CENTER: 740 West Boston Post Road, Mamaroneck, NY 10543 -"� 914-381-6133 APPROVED MINUTES JUNE 16, 1992 A regular meeting of the Coastal Zone Management Commission (CZMC) was held on Tuesday, June 16, 1992 in the Court Room at the Town Center, 740 West Boston Post Road, Mamaroneck, New York. The meeting commenced at 8:05 p.m. Members Present: Phyllis Wittner, Chairman Mary Feldtmose e Elinor Fredston �` Lawrence Lowy RECEIVED Angel Martin AVG 17 1992 C. Alan Mason PATRICIA A.DiCfOCC10 Howard McMichael, Jr. TOWN CLERK Shirley W. Tolley P.4IMARONECK Richard A. Young N.Y. Others Present: William Graner, Associate, R.E. Pustorino, P.C. Mary Anne Johnson, Former Member CZMC Charles McCaffrey, NYS DOS-CMP Steven C. Resler, NYS DOS-CIS Martin Siefering, Consultant, Perkins, Eastman and Partners for the Homnnocks Park Apts. Claudia Ng, Environmental Coordinator Ellen Morse, Recorder APPROVAL OF MINUTES Minutes: The minutes of May 26, 1992 were approved after minor changes on pages 1, 2 and 3. DEPARTMENT OF STATE A. Reorganization of Coastal Management Division - Mr. Charles McCaffrey reported that the Governor's Task Force on Coastal Resources recommended that the name of the Division be changed to Regional Coastal Programs. It was recommended that the State's Coastal Management Program from the 1970,s be updated by regionalizing NYS. It is not a basic change in the structure in that the relationship to local programs remains the same. The Division is now divided into two groups: Local and Regional Planning, and Consistency Review. Mr. McCaffrey gave a brief description of each groups responsibilities. They received federal funds this year through the 1990 Coastal Zone Management Act to do a regional coastal program which they plan to start first for L.I. Sound. CZMC Minutes June 16, 1992 Page 2 Another aii tion in the 1990 Amendment is the requirement to develop a coastal non-point pollution control program which will also be done for the L.I. Sound. They will also have a memorandum of understanding between the EPA and the National Oceanographic and Atmospheric Administration to coordinate coastal programs and National Estuarine programs, and these coastal programs will incorporate any enforceable recommendations and NEP. Mr. McCaffrey said they are going to develop the regional coastal program to incorporate portions if not all of the NEP. In doing the coastal non-point pollution part, they will base their analyses for water pollution on the watershed boundary. When asked about enforceability, Mr. McCaffrey replied that any standards or guidelines that are created must be enforced. He stated legislation will be needed at the State level. The completion date is scheduled for 1995, possibly 1996. They hope to complete their program strategy plan for the L.I. Sound by June, 1992. Mr. McCaffrey then gave a brief description of the responsibilities for each group within the reorganized division. Status of sane Governor's Task Force Recommendations: 1. Centralized Consistency Review - Mr. McCaffrey reported that legislation is being refined over the summer and legislation is expected early next year. 2. Habitat Protection - The only legislation for sensitive areas is one that includes a proposal for harbor management - authorizing local governments to have complete authority to regulate all uses and structures to a distance of 1,500 ft. within their municipality. This is connected to a bill that also includes new requirements for leases and easements for use of underwater lands by OGS and dock authority for DEC to regulate docks. Questions regarding title of the land is often negotiated on a case-by-case basis. B. LWRP Supplement - Mr. Resler stated that adding the supplement to the LWRP doesn't advance the program but would be a record of what's been done over time. He spoke of how the document can be improved by updating the inventory and analysis, and by including the NYS designated habitat. Mr. McCaffrey explained how they will show their changes and submit the same to CZMC for their comments/review. Mrs. Wittner will format the disk and work with DOS on it. The new document will became Amendment No. 1 with future amendments made as necessary. It needs to go through the same review as the original program. Mr. McCaffrey reported that the LWRP policy statements are CZMC Minutes June 16, 1992 Page 3 enforceable by State, local, and Federal law. Mr. McCaffrey said that they will more clearly define the standards for enforceability. Shirley Tolley asked how they are to incorporate the two studies which are not complete yet: the COMP which the L.I. Sound Study is coming out with in November, and the non-point source pollution study which will not be completed until 1995. Mr. Resler replied that the completed parts of the CCTV or the parts they know will be included in the study can be used. As for the non-point source program, they are developing management practices now. The State has a non-point source committee and task force which is developing a manual or catalogue containing approved best management practices in N.Y. State. Mr. McMichael asked if the local CZMC's must accept the final EPA recommendations. Mr. Resler replied that they will review it and recommend alternatives if EPA's recommendations are not appropriate for this area. Other members had questions which Messrs. Resler and McCaffrey uidressed. It was reported by Mr. McCaffrey that within the next month or two, they will videotape the shoreline from a helicopter at about 300 feet and will have a copy made. Mrs. Wittner questioned the possible requirement of an Army Corps of Engineers permit for the Emerson Estate subdivision which presently was given conditional approval fram the New Rochelle Planning Board. Mr. McCaffrey said the DOS would investigate the status of the Federal and State permits on this project. CONSISTENC,'Y REFERRAL - HOM&)CKS PARK APARTMENTS A recap of CZMC's involvement with this property: (a) 4/13/89 - Consistency Referral DGEIS for Post Rd./Weaver St. Urban Renewal Plan with proposed amendments. (b) 3/12/91 - Traffic Analysis Post Rd./Weaver St. (c) 4/3/91 - Zoning ordinance amended allowing R-TA residential tower - discussions of density, parking and traffic (retail vs. residential) , effect on intersection. (d) Related referrals: Hammocks Ice Rink Renovation - 2/24/88 and 4/28/89. Ten Grand Inc. 8/6/91. This is a referral from the Planning Board. Mr. Siefering, Consultant Architect, showed a model of the proposed affordable housing, apartment cattplex on Boston Post Rd. and Hammocks Rd. It will have 54 units serving about 100-125 people. Plans are for a 2 1/2 story wood-frame building with an attached enclosed parking garage for each unit and an additional 1/2 space allocated per unit. There will be less pavement than currently exists as 2/3's of the parking will be enclosed. There will be 27 unassigned parking spaces for public visitors with sane spaces being shared with Hammocks School. CZMC Minutes June 16, 1992 Page 4 One concern of CZMC relates to the proposed driveway across from Blockbuster Video's driveway and its proximity to the school driveway. Mr. Siefering said the peak time for the apartments' traffic would be in the morning which will not conflict with the store and that there might be sane overlap in the evening but that would be after school hours. When asked if it were possible to have a "right turn only" on Post Rd. at Hammocks Rd. heading east, Mr. Siefering replied that the State will not permit it. Mr. Siefering mentioned the drainage plans and sane members had questions as to the planned oil/water separator being adequate for a complex of this size. Mr. Siefering suggested CZMC speak with the Town Engineer Gary Trachtman to answer those questions. Mr. Siefering said they are presently testing to find the location and capacity of the sanitary sewer. The landscaping plan shows retention of the mature trees, sane of which will be used as a screen for the parking lot. They're proposing a ring road coming in and forming a courtyard with green space in the middle and also maintaining a green space buffer along Post Rd. Ms. Tolley suggested plans for a playground or a sitting area for senior citizens or same type of amenities for the residents. In closing, Mr. Siefering asked CZMC to notify him of their specific questions which he will address through Gary Trachtman of Malcolm Pernie. CZMC will write a letter with their suggestions and concerns. MAXWELL AVE. TRANSFER STATION This is an Unlisted Action and, therefore, a mandatory consistency referral. Alan Mason gave sane background since there was a gap in information in the Draft EIS from December 1984 to December 1991. The County planned to take over the transfer station, make changes in it and turn it over to "independent contractors." When it was questioned why municipal property upgraded at taxpayers' expense would go to a private carter, proceedings stopped. Dr. Grainer, consulting engineer, then explained that his fire is being retained by the L/M Joint Sanitation Commission to do a SEQRA review. When asked how the document CZMC saw in April 1991 differed fran this one, Dr. Grainer replied that regulations now require transfer facilities to be roofed and housed. The Maxwell Ave. facility is outside. It is proposed to take down a good portion of the old incinerator structure and utilize portions with an addition to it for the new facility. Dr. Grainer explained the procedure the trucks CZMC Minutes June 16, 1992 Page 5 will use and stated that the transfer trailers will be the same as used now. They will still use the same entrance to the Town Highway Department. Ownership will remain with the district. It is planned to construct an above ground fuel tank with a double containment and monitoring system. When questioned as to any hazardous waste on the site, Dr. Grainer replied that to his knowledge there is no burying of ash residue so he does not suspect any waste. Mr. McMichael asked what was being done with storm drains and runoff affecting the critical environmental area and water bodies. Dr. Grainer replied "nothing being done." Mr. Lowy expressed concern about Item 5 of the evaluation letter which states there will be a "small impact" to groundwater quality which can pollute the Premium. Mrs. Wittner said CZMC will recommend something be done about the storm drains and runoff, and will mention there's a direct route into the Premium from the facility. CHAIRMAN REPORTS A. Correspondence - Incoming: 1. 5/28/92 - From Stephen Coleman, consultant. Contract and timetable for two projects. 2. 6/2/92 - From Mayor Lewy to P. Wittner to serve as liaison to County Waterfront Revitalization Program and to review plan as it develops. 3. 6/9/92 - Frvm Mayor Lewy re: calendar of steps for implementing Surface Water, Erosion and Sediment Control Law. B. Correspondence - Outgoing: 1. 6/2/92 - Cover letter and Surface Water/Erosion and Sediment Control law to: TOM: S.Altieri, C.Silverstone and Board, Messrs. Jakubowski, Trachtman, and Silverberg; VOL: C.Lewy and Board, Messrs. Morgan, Devore, Staudt and Ms. Finn; and CZMC. Mrs. Wittner read the letter. She reported that Elaine Price requested the Town Council and engineers to meet in joint session with VOL and discuss the legislation at one time. 2. 6/8/92 - Kluge Consistency Opinion without changes. 3. 6/12/92 - To George Latimer re: liaison assignment County WRP. 4. 6/12/92 - To Frank Devore, Asset. BI VOL with thanks upon his retirement. C. Correspondence - Copies: 1. 6/4/92 - SVA to Robert Hohberg re: water sample program. 2. George Latimer to Jeff Kane. OTHER 1. Westchester Land Trust. CZMC Minutes June 16, 1992 Page 6 MEMBERS' REPORTS/MINUTE Elinor Fredston - Planning Board, Larchmont: At 61 Woodbine Ave., VOL near the Premium, there is a plan to expand the existing house and reconstruct the present garage into a small house. Mrs. Fredston expressed concern over the large amount of fill to be brought to the site and the drainage problems. She requested that CZMC members visit the site as this referral will come before CZMC next month. Mrs. Wittner noted that permission is needed to go on this land and they will have to limit how many members and when they can go. She will make a copy of the application submitted by Environmental Systems for review. The application has already been submitted to the DEC for a Tidal Wetlands permit. As CZMC has not received any notification from the DEC regarding consistency, Mr. Resler said he will question then as they cannot issue a permit without certifying to its consistency. Angel Martin - Conservation Advisory Commission (TOM) : Mr. Charles Bernstein has requested additional help in doing the water monitoring out in the Sound at Mamaroneck Harbor. Shirley Tolley - Davids Island: Has nothing to report on George Latimer's request for comments. NEXT MEETING: July 28, 1992. The meeting adjourned at 10:50 p.m.