Loading...
HomeMy WebLinkAbout1997_11_25 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 25, 1997 A regular meeting of the Costal Zone Management Commission(CZMC)was held on November 25, 1997 in Conference Room A,740 W.Boston Post Road,Mamaroneck,New York. The meeting was called to order at 8:05 p.m. MEMBERS PRESENT: Lili Andrews Co-Chairwoman William H. Bailey CZMC Madelaine Berg CZMC Marc Godick CZMC Ruth Gyure CZMC Bernard Kaplan CZMC C. Alan Mason CZMC Howard McMichael CZMC Nancy Seligson Co-Chairwoman Richard Ward CZMC Eileen Weingarten. CZMC OTHERS PRESENT: James W. Athey Jr. Environmental Coordinator, TOM Donald Meeker Resident; Present to Discuss Tree Spraying Phyllis Wittner Liaison, TOM 1. Approval of Minutes: -The minutes from 10/28/97 were approved with corrections from members on a motion by H.McMichael, seconded by M.Godick. 11/25/97-Pg.1 `J Printed on Recycled Paper 2. Advisory Opinion: County Park and Open Space Policies- Requested by:Westchester County Board of Legislators -It was stated by several members of the Commission that the updated policies focus more on recreation and parks rather than open space. -The Commission agreed that it should have members present at the public hearings to comment and make concerns of the CZMC known. 2 Beach Avenue, Swimming Pool Installation - Requested by:Village of Larchmont Building Department -The Commission stated that this matter had already come before them (at the 5/27/97 meeting) and it would stand behind its previous findings unless significant changes to the project have been proposed, in which case updated drawings would have to be submitted. This will be stated in a letter to the VOL Building Department along with the findings from the May, 1997 meeting. -The previous findings were as follows: 2 Beach Avenue - Construction of an inground swimming pool "The landscape architect for this project described the location of the pool, and informed us that the owners would like it to be a little bigger than originally planned (now 12' x 40'). The pool will be located just inside the wall along Beach Avenue, between the road and the existing house. This location was chosen so that the pool would have minimal visual impact on surrounding properties and Long Island Sound. Drainage around the pool would be redirected to a drywell constructed for that purpose. The Commission agreed that the pool would have little effect on the appearance of the area, or on drainage since the property slopes towards and drains directly into Long Island Sound. The Commission reminded the landscape architect that the pool water can be routed into the sound only after the chlorine has been allowed to diffuse out." 11/25/97-Pg.2 3. Progress Report on Proposed Amendment to Consistency Law: -N. Seligson stated that since the last meeting, comments and changes from Judy Gallent have been incorporated into the proposed amendment. -After a brief discussion, several new changes were noted and approved by the Commission. -The Commission agreed that after Judy Gallent reviews the new changes, the proposed amendment will be ready for submission to the VOL and the TOM for approval. 4. Discussion of Annual Report: -Members of the Commission agreed that the following projects should be discussed in the annual report: -applicable subject matter on Coventry Court Subdivision and/or Laurel Manor Subdivision -work on the Wetlands Law revision -work on the proposed amendment to the Consistency Law 5. Chairpersons' Reports -N.Seligson announced that work is proceeding on the Wetlands Law. 6. Members' Reports -M.Godick announced that the Village of Larchmont Planning Commission had approved the revised site plans for the two proposed single family dwellings at 17 and 19 Shadow Lane. The revised site plans included dry wells to handle the stormwater runoff. (This project was referred to the CZMC and discussed at its 9/23/97 meeting.) -Members of the Commission agreed that it may be beneficial to request access points on dry wells in order to inspect water depth and/or the amount of filling due to sedimentation and the accumulation of leaves and other debris. -H.McMichael announced that Mamaroneck Harbor is officially a no discharge zone. 11/25/97-Pg.3 7. Discussion on Tree Spraying with Guest -Resident, Donald Meeker was present to discuss tree spraying and the letters regarding tree spraying that were sent out in the November CZMC meeting packets. The Commission members received two such letters: -one letter addressed to Elaine Price, Town of Mamaroneck Supervisor, from D.Meeker regarding the need for tree spraying regulations; a copy of this letter was also sent to TOM Supervisor Stephen Altieri and VOL Mayor Cheryl Lewy -one letter addressed to D.Meeker from Cheryl W. Lewy stating that although it may be a good idea, enforcement of tree spraying practices would be difficult for a municipality to handle. Mayor Lewy forwarded Mr. Meeker's letter to George Latimer, Legislator- 7th District. -D.Meeker presented a letter to the Commission addressed to George Latimer from Gregory F. Meehan, acting county attorney, regarding the legal implications of attempting to regulate pesticide spraying on trees. The letter stated the following: "...The County Board may not adopt legislation that regulates pesticide spraying on trees because the New York State Legislature, by express language in the New York State Environmental Conservation Law and by adopting a detailed and comprehensive regulatory scheme regarding pesticides, has evinced an intent to preempt local regulation with respect to the distribution, sale, use, and transportation of pesticides. See New York State Environmental Protection Law Article 33; 6 New York Code of Rules, Regulations Parts 325 and 326; Ames v.Smoot, 98 A.D.2d 216 (2d Dep't 1983)..." -D.Meeker stated his concerns about the hazards of tree spraying: 1) it is difficult if not impossible to contain the spray, especially on large trees, and the pesticides drift throughout the community affecting a much larger area than was originally intended; 2) there are no right-to-know laws concerning the labeling of pesticides when it comes to lawn care, and the neighbors (and environment) have to take the overspray from this "suburban indulgence"; 3) the effectiveness of this activity is debatable; sometimes residents turn to tree spraying in an attempt to revive trees that may have already reached their "useful life" - and the trees end up being removed anyway; 4) not only will the pesticides kill the target species, but they will damage or destroy the entire tree's ecosystem - and depending on the drift, possibly areas surrounding the trees as well; 5) the long term effects of most pesticides are not well documented and the potential damage to the inhabitants of the surrounding community is unknown. 11/25/97-Pg.4 -The Commission stated that it has similar concerns regarding the use of pesticides (containment, toxicity, etc.) however due to the state regulations, there is little that can be done at the municipal level. -The Commission stated that the County Executives Committee on Non-Point Source Pollution has been working on right-to-know labeling and point of sale sign notification for quite some time, however it has been a difficult issue due to the State's overruling. -The Commission also stated that Suzi Oppenheimer has introduced legislation in New York dealing with notification and is continuing similar efforts. -Several members of the Commission commented that the public must be educated about the reasons for avoiding pesticide applications. This can be achieved through garden clubs, Town newsletters, neighborhood associations, environmental organizations, special focus groups and other citizen associations. The meeting was adjourned at 9:55 p.m. Due to the holidays,there will not be a December 1997 meeting of the Coastal Zone Management Commission+ The next scheduled CZMC meeting will be held on January 27, 1998. 11/25/97-Pg.5