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.