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1984_08_28 Coastal Zone Management Commission Minutes
VILLAGE OF LARC}Th OI;T TO,m OF MAMAROP:ECK COASTAL ZONE MANAGEMENT COMMITTEE NIP ,,„, .yz cc��C Ou oO+u7fD 1$91 i idvesoem ssec- Larchmont , NY 10538 Mamaroneck, NY 10543 MINUTES of a Special Meeting of the Committee, Larchmont Village Center, Tuesday, August 28, 1934 Members present! BruCe Allen Howard McMichael Jr. June Allen Elaine Price Joseph F. Dorsey Edward D. Riley Elinor Fredston Abe Rosenfield Wallace Irwin Jr. Robert S . Schoenberger Arthur Katz Joseph F. Vandernoot James Killilea Robert E. White Lawrence Lowy Leo Wilson C. Alan Mason Others present: Paul Kean, Trustee , Village of Larchmont (Liaison) Lawrence Lerman, Councilman, Town of Mamaroneck (Liaison) James I. Anderson, Trustee, Village of Larchmont Daniel Shuster, Consultant Stephen V. Altieri, Administrator, Town of Mamaroneck Eleanor Byrne ) George P. Byrne ) Residents, Village Jacquelyn Anderson ) of Larchmont William Ploumis ) 1.. Pursuant to its decision at the August 14 meeting, the Committee met to complete drafting work on Sections IV and V of the LWRP. The meeting was called to order by Mr. Irwin at 8:05 p.m. 2. The minutes of the meeting of August 14 were approved with two corrections proposed by Mr. Irwin, as follows: On page 2 , line 3, de- ! lete "orally" . (Trustee Anderson' s written comments, dated Aug. 13, were reported orally by Mr. Kean. The memorandum: received later, is attached to the present minutes. ) On page 2 , third full paragraph, strike "The Village of Larchmont" and insert "The municipal gov- ernments" in the sentence in quotation marks. 3. Section IV, "Uses and Projects" The Committee had before it Dan Shuster' s redraft of Sections IV and V, distributed Aug. 21; a suggested further revision - 2 - of portions of Section IV written by Mr. Irwin and dated August 24/25. and a further memorandum from Trustee Anderson to Mr. Irwin, dated August 28 (attached to the present minutes) . In addition, during the discussion Mr. Irwin reported several comments received the same day by telephone from Mayor Curnin. Discussion on Section IV, and changes made as a result, can be summarized as follows: Golf Course Properties (IV-A-1) : Mr. Shuster reported that, as requested at the previous meeting, he had consulted Town Attorney Silverberg, who felt that a decision to rezone the two inland golf club properties as clubs, parkland, or open space (see Mason-Tolley memo, p. 40 of July 10 annotated draft) would be vulnerable to legal challenge. Mr. Shuster therefore thought the revised language on pages IV-2 and 3 (Aug. 21 draft) would be the best way to promote flood control and open space objectives in that area. Following discussion, the draft of this subsection was approved with three changes, as follows: -- On a proposal by Mr. Lowy, it was agreed that the language should be broadened to cover "other nearby large properties" as well as the two inland golf clubs. The reference is to several large properties near the golf clubs. -- On a proposal by Mr. Katz, it was agreed to insert the words "at a minimum" preceding the lettered subparagraphs on pages IV-2 and 3, so as to indicate that more stringent regulation might be appropriate. -- In regard to the Hampshire Golf Club property, it was agreed that the possibility of a zoning classification higher than err R-30 should be provided for in case the Village of Mamaroneck should decide to apply such higher zoning to its portion of the club property. Mr. Shuster agreed to find out what the Village of Mamaroneck intends to do in this regard. Post Road locations (IV-A-2) : Mr. Irwin reported Mayor Cumin' s comment that the low-intensity commercial use of the nursery pro- pertieE , suggested in the draft, would mean downzoning from the present residential classification, a step she considers undesirable; and that upzoning to a residential category higher than the present R-7.5 might be a better solution. Several speakers commented that such upzoning might make the properties unsalable and defeat its own purpose. The Committee agreed to omit any specific zoning recommen- dation but to stress the need for zoning or regulatory changes that would encourage more environmentally acceptable use of this area. Waterfront District (IV-A-3 in Aug. 24/25 redraft) : Mr. Irwin said a primary purpose of his redraft was to maintain a balance be- tween opposing views on recreational use of waterfront property. Since writing this draft he had received Trustee Anderson' s Aug. 28 memorandum which suggested that the document should spell out the fact "explicitly that zoning and land use determinations for the unincorporated area. are exclusively the province of the Town Board and all zoning and land use determinations for the Village of Larchmont are exclusively the province of the Village Board. " Con- versations with Mr. Allen, Mr. Kean, and Dr. Lerman, among others, had indicated that language to this effect might express a middle it position acceptable to all concerned. Accordingly, after some discussion the Committee decided to insert on page 2, line 6 of the August 24/25 draft, at the end of the paragraph, a sentence beginning "In this connection it is understood" and concluding with the words from the Anderson memoran- - 3 - dum quoted above. In addition, some minor drafting changes in the Aug. 24/25 paper were agreed on and will be incorporated in the 1 C next draft. During further discussion of this subsection, some members reiterated their view, without making a specific proposal, that the LWRP should explicitly rule out any future increase in recreational ,5/ facilities along the shore. Other members, as well as Councilman Lerman, took an opposite view, arguing that such a provision would risk generating wide opposition to the entire LWRP, especially among 1 " some residents of the Town who support the idea of such an increase. 1' It was also argued that since the practical scope for action on this subject is small, disagreement about it should not be allowed to jeopardize the major provisions of the plan, supported on all sides, relating to flood control and associated problems. The Committee concluded its consideration of this subsection without any further proposal for revision having been offered. Public Properties on the Waterfront (IV-A-4 in Aug. 24/25 draft) : This subsection was agreed to with several minor factual c. anges to be embodied in the next draft. The Larchmont Reservoir Property (Page IV-5 in Aug. 21 draft) : Agreed to without change, but with the understanding that this cub- section will need revision if the dedication proposal is enacted by the Village of Larchmont prior to entry into force of the LWRP. Part B, Proposed Public and Private Projects: Changes in the draft were approved as follows: Subitem a, Premium Feasibility Study (p. IV-6 and 7) : At the suggestion of Mrs. Price, it was agreed to add a sentence providing 441, that New Rochelle should be asked to cooperate in a joint study of the entire Pine Brook-Premium drainage basin, including the New Rochelle portion of it, and to share the costs of the study. Sub-item i, Selective Harbor Dredging (p. IV-l0) : Two factual changes were adopted on suggestions from Mr. Schoenberger and Mr. McMichael, and will appear in the next draft. In the table on page IV-6A, it was noted that cost estimates ara missing for several projects. Mr. Shuster was asked to obtain the necessary information and propose cost estimates before the next meeting. 4. Section V, "Techniques for Implementation" Several minor changes in parts A and B ( "Local Laws. . . " and "Other Non-Physical Public Actions") were agreed to and will appear in the next draft. ' Part C , "Management Structure to Implement the LWRP," was the subject of extended discussion. There was general agreement on the approach in Dan Shuster' s draft of creating a permanent Coastal Zone Management Commission, but various views were expressed con- cerning its composition, mode of appointment , functions, budget, etc. Mr. Irwin reported Mayor Curnin' s comment that it is important to spell out the commission' s functions. In view of the late hour, it was agreed that members will convey their ideas on this subject to Mr. Irwin who will endeavor to collate them and, in consultation with Mr. Shuster and interested members, produce a revised draft of this subsection for action by the Committee at its next meeting. - 4 - 5. Other business. ODr. Lerman reported that he has received information from New York State on plans for observance of "Coast Week," October 7 to 14. He suggested that that week might be an appropriate time for the Committee to call a second public meeting to acquaint residents with the state of progress in LWRP planning. Mr. Irwin reported that he and Mrs. Tolley will participate in a workshop in Albany, September 24-25, organized by the State Coastal Zone staff to acquaint other coastal communities in New York State with the LWRP planning process. Mr. Shuster will also be present. 6. Next meeting. The regular September meeting of the Committee will be held on Tuesday evening, September 11, at 8 p.m. in the Larchmont Village Center. The main business will be to complete the drafting of Section V and to check revisions made as a result of the present meeting. 7. Adjournment. There being no further business, the meeting was adjourned at 11105 p.m. Wallace Irwin Jr. Attachments Memoranda dated Aug. 13 and 28 from Trustee Anderson OFFICE OF ��ii 7't MUNICIPAL BUILDING :per- a. w,. xa ���6 c LARCHMONT. N. Y. t032• ,AMES I. ANDERSON #"'� `�`I'""` TRUSTEE 4 / TEL., 034-0230 N.IC.'. August 13, 1984 MEMORANDUM 0: Mayor Miriam Curnin and Board of Trustees ROM: James I. Anderson /Re: CZM Report - Section III Apparently Wally Irwin's transmittal letter was prepared without knowledge of the Board's clarification of the process for submitting materials to the State. We should make it clear that nothing is to go directly from the CZM Committee to the State without the prior knowledge and approval of the Village Board. I am in agreement with the overall thrust in Section III to protect and preserve the existing facilities and uses. CIPolicy 12A states that the Reservoir property will be dedicated as open space. While I believe that will happen, I don't think the CZM report should be the vehicle for making this commitment. Policy 12A may overpromise in its assertion that all appropriate measures will be taken. 1•olicy 25A commits us to establishing and enforcing noise emission standards ' or aircraft, highway and boat traffic. The feasibility and legal authority nor this seems open to question. 'olicy 31 indicates that the Upper Reservoir is classified as suitable for all ses. What are the implications of this classification with regard to future ses? • 'olicy 39A commits us to study litter control techniques in comparable communities. pt is the plan to implement this study? y haven't we received Section IV (Uses and Projects) ? Wally Irwin's memo dated•ugust 8 to CZM members indicates that this was available in late June. Have I orgotten something or were we omitted from the earlier distribution? IIA:bw 1 0. • • 7/ `. C ` ` MUNICIPAL BUILDING OFFICE OF ,, � !� • LABOHIMONT. N. Y. 10330 JAMES I. ANDERSON : �~': TEL., 1134 623o TRUSTEE ikiiiig'y ' August 28, 1984 MEMORANDUM TO: Wallace Irwin, Chairman Coastal Zone Management Committee 1 Summit Avenue Larchmont, New York 10538 Dear Wally: Thank you for calling the other evening to discuss my August 13th letter on the policy section of the CZM draft report. Paul Kean was supposed to pass • that letter on to you at your August 14th meeting, but I suppose the press • of business and/or summer vacations got in the way. In any case, better late than never. There are two additional concerns that were discussed at the July 26th 0 Village Board meeting during the CZM presentation by Larry Lowy and Dan Shuster. The first concern revolves around zoning and land use policies for the Village and the unincorporated area. Both the presenters and Trustee Kean were emphatic t all Town CZM Committee members and all Village CZM members • understand explicitly that zoning and land use determinations for the unincorporated area are exclusively the province of the Town Board and all zoning and land use determinations for the Villaga of Larchmont axe exclusively the province of the Village Board. Several residents have questioned me on this matter and, upon hearing my explanation, they have indicated that it is important to spell this out in the final documents. This concern is primarily related to intensification of water dependent recreational uses, but it goes beyond that in the sense of not wanting to compromise the current home rule powers that the communities now enjoy. Somehow we need to emphasize the point that we are two neighboring communities working together on environmental matters that cross political boundaries, but there is no intention on anyone's part to move toward consolidation. . The second point has to do with Harbor Island. This is a major waterfront • - recreational facility available to all residents of the Town of Mamaroneck (including Village of Larchmont residents) and all readers of the CZM report should come away recognizing this fact. Otherwise we run the risk of creating the incorrect impression that there are no publicly available , 'f waterfront recreational facilities for the residents of our communities. • CWallace Irwin - 2 - August 28, 1984 • Once again, I appreciate your efforts in contacting me to discuss these matters and I look forward to workingwith further as you you move ahead. Iwo would like to be added to the distribution t bution list for minutes of the meetings of your Committee. Sincerely, • ads I. Anderson Trustee JIA:bw • cc: Mayor Miriam Curnin and Board of Trustees C i • • • • © .