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HomeMy WebLinkAbout1998_11_24 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 • November 24, 1998 A regular meeting of the Costal Zone Management Commission (CZMC) was held on November 24, 1998 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 Bernard Kaplan Dr. C. Alan Mason Howard McMichael Eileen Weingarten REGRETS: Madelaine Berg Marc S. Godick Ruth Gyure Nancy Seligson, Co-Chairwoman OTHERS PRESENT: James W. Athey, Jr. Town of Mamaroneck Environmental Coordinator James Bush Representative for 19 West Drive Louisa Compi Owner- 19 Fenbrook Drive Jenney Compi Relative to Owner of 19 Fenbrook David Gallo Attorney for Owner of 19 Fenbrook Drive Paul Jaehnig Wetlands Consultant for 19 Fenbrook Drive Kenneth Kurtz Representative for 19 West Drive Greg Volpe Project Manager for 19 Fenbrook Drive Phyllis Wittner Town of Mamaroneck Liaison 1. Approval of Minutes: • - The minutes from 10/27/98 were unanimously approved with corrections from members on a motion by C.A. Mason seconded by H. McMichael. • CZ_1198M.WPD CZMC- 11/24/98 Pg.1 • Printed on Recycled Paper 2. Consistency Referrals: Freshwater Wetlands and Watercourses Permit- New Single Family Residence 19 Fenbrook Drive, Block 309 Lot 9 Requested by:Town of Mamaroneck Planning Board - D. Gallo stated that he has represented the Compis for many years including when they originally purchased this lot in 1986. Mr. Gallo stated that they are prepared to discuss each of the four primary issues regarding the development of this property discussed at the October 27th meeting of the CZMC (listed below). 1) a delineation of all wetlands on the property by a certified wetlands specialist 2) inquire if any of the neighboring properties have sump pumps or any water related problems; the infiltration system may have to be altered to accommodate water from sump pumps 3) address the possibility of moving the house closer to the road 4) address the possibility of reducing the driving and parking area - Mr. Gallo stated that they have retained the services of a wetlands consultant, Mr. Paul J. Jaehnig, and he will discuss the wetlands delineation and Mr. Greg Volpe will address the remaining concerns. - P. Jaehnig presented a map of the property located at 19 Fenbrook Drive with all wetlands on the site delineated (same map is located in his report of the area, dated 11/7/98). Mr. Jaehnig stated that he delineated wetlands and soil types on the property then he described the map and the site to the Commission with regard to these delineations. The soil types on the property, especially towards the front and the sides of the lot, indicate that the site has been altered due to the addition of fill material. The adjacent areas have been completely altered (due to the construction of houses and development of the road) and as a result this site has already been partially disturbed. This property is at a lower elevation than all surrounding areas and is completely forested except for the rear of the property where the stream is located. The entire rear portion of the property is a wetland which also follows a narrow swale reaching up through the center of the property. Mr. Jaehnig stated that in order to construct a house on this property much of the wetlands (and buffer area) on the site will have to be filled. He continued by stating that this area was probably once part of a much larger wetlands system. This wetland is a small portion of a system that has almost completely been altered due to the surrounding development. - G.Volpe stated that they are planning to place a three foot wide mulch berm across the rear of the property in front of the large rock outcropping. They also intend to plant native vegetation on the berm and between it and the stream to create a buffer. - The Commission asked if they were still planning to leave the rear of the property in a natural state as indicated on the site plans (where the site plans read "wet area to be left in natural state"). CZ_1198M.WPD CZMC- 11/24/98 Pg.2 - Mr. Volpe stated that they are proposing lawn for much of that area, however they are planning to use mulch around the trees. Mr. Volpe stated that none of the trees in the rear of the property are proposed for removal. - The Commission asked Mr. Jaehnig, in his professional opinion, how effective he thinks the proposed buffer will be. - Mr. Jaehnig stated that the buffer will help to filter runoff before it reaches the stream and should be effective. He also pointed out that because they are proposing to plant shrubs and leave the trees, these features will provide a natural barrier that will reduce the possibility of future lawn growing to the stream's edge. Mr. Jaehnig also stated that he does not believe that the development of this small "postage stamp" lot surrounded by an area that has been almost completely altered and developed will significantly affect flooding in the area or the water quality of the stream. - The Commission asked Mr. Gallo if the owners would be adverse to placing a restrictive covenant on the deed that would prohibit future use of the buffer area. - Mr. Gallo stated that he would speak to Mr. Compi about the matter. - Mr. Volpe stated, in addressing the concerns raised at the October 27th meeting, that he spoke with the neighbors about possible water problems or the use of sump pumps on the adjoining properties. Mr. Volpe stated that he was informed that neither of the adjacent properties have had any problems with water in their basements nor do they use sump pumps. - The Commission asked if they have considered moving the house closer to the road or if a reduction in the driving/parking area has been considered. - Mr. Volpe stated that he did not think it was fair to have them change the configuration of the house or the driving/paving area and he did not feel that it would make a substantial difference in the protection of the stream or the wetland. - A discussion ensued and the Commission agreed that construction of the proposed single family residence at 19 Fenbrook Drive is inconsistent with the policies set forth in the Local Waterfront Revitalization Program (LWRP). The proposed residence will require filling of wetlands and will take place entirely within the wetland buffer area. The policies of the LWRP that this project is inconsistent with are as follows: POLICY 44 Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these areas. POLICY 44A Restore tidal and freshwater wetlands already damaged by erosion, siltation, and pollution. If the Planning Board permits the construction to proceed, the CZMC recommends that a permanent buffer area consisting solely of native vegetation be maintained along the stream. This buffer should be, at a minimum, at least ten (10) feet from the large rock outcropping adjacent the stream, measuring from the rock's furthest point from the stream. The CZMC CZ 1198M.WPD CZMC- 11/24/98 Pg.3 recommends that this distance, measured from the stream to the rock's furthest point, be maintained along the entire stream's length. Should the Planning Board find it necessary to extend the buffer further into the property, possibly to compensate for the lost wetland area, the CZMC would support the decision. The CZMC also recommends that this "natural" • area not be altered during construction by clearing or adding fill of any kind. Additionally,all erosion control measures installed during construction should be placed outside of this designated buffer area, and the proposed post-construction berm should also be placed outside this area. It should also be noted that this area is a Critical Environmental Area as defined by Chapter 92 Article II, Designation of Critical Environmental Areas, of the Mamaroneck Town Code which states the following: § 92-9. C. In all places where the Sheldrake or Premium Rivers or any stream, pond or tributary connecting thereto flow through or are located on private property, as shown on the Town of Mamaroneck Assessment Map, the critical environmental area is on the streambed of said river, tributary, pond or stream and all land within ten (10) feet of either side of the top of the streambanks. - A letter will be sent to the referring agency stating the above recommendations. A copy of this letter will be sent to Henry and Louisa Compi. Freshwater Wetlands and Watercourses Permit- Two Story Addition and Deck 19 West Drive, Block 107 Lot 40 Requested by: Town of Mamaroneck Director of Building - K. Kurtz stated that he is the architect for the proposed project. They are proposing to construct a two story addition and a deck to the existing residence at 19 West Drive. The property borders the Leatherstocking Trail and is within 100 feet from a mapped wetland according to the Town of Mamaroneck Freshwater Wetlands Map dated May, 1986. - The Commission asked how the proposed deck was going to be constructed. - Mr. Kurtz stated that the deck will be built on piers/pilings and there will be spaces between the wood planks to allow water to flow through. Mr. Kurtz also stated that he was willing to place gravel beneath the deck to stabilize the soil where grass will be unable to grow. - The Commission asked where the existing storm water runoff is directed. - Mr. Kurtz stated that currently the roof leaders drain to the ground surface at the property line towards the Leatherstocking Trail. - A brief discussion ensued and the Commission agreed that upon this initial review, based on the information provided, the CZMC's primary concern is that the existing and the surveyed property lines match and that there is no encroachment onto the Town Conservation Area. CZ 1198M.WPD CZMC- 11/24/98 Pg.4 - The Commission agreed that a referral letter for this matter will not be necessary until it is referred by the Planning Commission for review. Closure and Replacement of Existing Underground Storage Tanks with Aboveground Storage Tanks at Mamaroneck Town Yard Requested by:Town of Mamaroneck Administrator - J. Athey stated that the Town is in the process of upgrading its gasoline and diesel underground storage tanks to meet the December 1998 federal requirements. To accomplish this the Town is planning to properly close all tanks in accordance with all applicable state and federal requirements and replace them with aboveground storage tanks. Currently the Town is using a 1000 gallon gasoline tank and a 1000 gallon diesel tank. The Town is proposing to replace these with a 4000 gallon aboveground storage tank, divided to hold 2000 gallons of gasoline and 2000 gallons of diesel. The proposed tank will be located adjacent to the old incinerator building, downhill from the existing diesel tank. The base of the hill will be dug out and stabilized with retaining walls to accommodate this tank. The new diesel dispenser will be located approximately where the existing diesel pump is located and the new gasoline dispenser will be attached to the tank. - After reviewing correspondence regarding this project submitted by Marc Godick and discussing the matter, the CZMC agreed that the closure and replacement of existing underground storage tanks with aboveground storage tanks at Mamaroneck Town Yard will neither advance nor hinder the policies set forth in the LWRP and accordingly is neither • consistent nor inconsistent therewith. However, the CZMC recommends that since the aboveground piping will be exposed to the elements, as well as personnel and equipment, all exposed piping be made of steel as opposed to fiberglass. A letter will be sent to the referring agency stating such. 3. Discussion of Mamaroneck-Larchmont Coastal Assessment Form: - The Commission agreed that discussion of the Mamaroneck-Larchmont Coastal Assessment Form should wait until the next meeting of the CZMC so CZMC Co-Chair, Nancy Seligson will have an opportunity to comment. The meeting was adjourned at 10:00 p.m. - - NOTICE `r Due to the holidays, there will be no December meeting of the CZMC. e • The next scheduled CZMC meeting will be held on January 26, 1999. cz iivsnt.WPn CZMC- 11/24/98 Pg.5