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1989_06_27 Coastal Zone Management Commission Minutes
Town of Mamaroneck — Village of Larchmont COAS TAL ZONE MANAGEMENT COMMISSION tT` TOWN CENTER: 740 West Boston Post Road, Mamaroneck, NY 10543 914-381-6133 MINUTES JUNE 27, 1989 A regular meeting of the Coastal Zone Management Commission (CZMC) was held on Tuesday, June 27, 1989, in the Senior Center of the Town Center, 740 West Boston Post Road, Mamaroneck, New York. The meeting commenced at 8:15 P.M. Members Present: Phyllis Wittner, Chairman Bruce Allen Ellie Fredston Mary Ann Jrt,,.ison Others Present: Benson Bieley, Sound View News June Fox, LMC TV Cheryl Lewy, liaison, Larchmont Village Board Elaine Price, liaison. Mamaroneck Town Council Daniel Shuster, Shuster Associates, Inc. C Joan Williams, Larchmont. Village Planning Commission Larchmont Waterfront Area Planning Study After a brief introduction, Daniel Shuster asked CZMC to outline its concerns in relation to the study. Several maps were displayed, including a Zoning Map, Action Plan Map, and a chart of Local Waterfront Revitalization Program (LWRP) Issues and Actions. Mr. muster asked what instigated the study. The study area was clarified to be the Larchmont waterfront, which included the R-30 zone and its estuaries. Mrs. Wittner cited seven LWRP Policies and explained the need for a planning study to identify whether and what more stringent regulations are needed to promote the Policies of the LWRP. Among the concerns noted were preservation of water dependent uses, prevention of infringement on marshlands, protection ion of scenic, historic and archeological resources, reduction of water of p lution, and t e s e of sea level rise. It was noted that the Village of Larchmont fell ' "its open space requirements per capita as far back as 1966. Mrs. Johnson expressed her concern over the decrease in water quality with increased development due to nonpoint source pollution, including fertilizers and pesticides, and the need for preserving natural margins (buffer zones) with "'biological controls. Mr. Allen noted that the Manor Park Society'ff was coisidering putting in a pool in Manor Park because of the dwindling use of the beach. He reemphasized the necessity for pulling in the public and educating them. Joan Williams informed the CZMC that the Village Planning Commission C agreed with itch the policies of the CZMC and s,:as in favor of R-Q upzoning. They �`�T however, preferred an R-40 redesig nation to create less nonconforming properties, but nothing has yet been finalized. She mentioned • CZMC Minutes - 6/27/89 411'.e that the Planning Commission wrote a letter to the Board of Trustees saying that they would support the R-40 designation provided that three park areas/open spaces are declared for recreation use in perpetuity. Mr. Allen remarked that the private clubs would fight any such proposal that would limit their properties. Mrs. Williams questioned whether rezoning just thel club and park areas to R-50 would be considered spot-zoning. Based on this discussion, Mr. Shuster told the Commission that he will submit a new response to the proposal. Minutes The minutes of April 25 and May 23 of 1989 were approved. Referral Detached Artist Studio at 4 Quarry Road, Larchmont - Frank DeVore transmitted this application for CZMC review. Elinor Fredston inspected the eite and found the proposed action to be essentially consistent with the LWRP. However, she reported that some trees had been removed because of damage. Provir 'etfat the application involves increasing impervious ( surface, CZMC recommends additional plantings to offset loss of trees. T Chairman Reports © Legislation: Local Consistency Law - Under the current law, CZMC is required to receive and review those applications designated as Type 1 or Unlisted actions in order to determine its consistency with the LWRP. Since the local Environmental Quality Review Law is now being corrected to make it consistent with the State regulations, which would result in less applications being designated as Type 1, the Chairman remarked on the need 1 for revising the Local Consistency Law to more accurately identify those 1 proposed actions which should require a consistency opinion from CZMC. Mrs. Wittner will work with the Environmental Coordinator and the Town Attorney on revising the law. Elaine Price commented that she feels that there is a discrepancy within SEQR; that it should allow local governments toll make more stringent Type 1 and Type 2 lists despite the State's f pre-designations. Legislation: Coastal Erosion Hazard Areas (CEHA) - Cheryl Lewy noted that the Village Board would be inclined towards revising the local Environmental Quality Review law, but not towards adopting a CEHA law proposed by the State. In a memo dated June 15, 1989, the Village attorney James Staudt advised the Village Board against adoption of a local CEHA law because he felt that it is not applicable. Mrs. Wittner noted that both the Town and Village have only "natural protective features" (beaches, dunes, sandbars, wetlands, etc. ) . The model local law would prohibit all new construction in areas designated as Coastal Erosion Hazard Areas except for elevated walkways, docks, seawalls, breakwaters and other water-related Cstructures. Horizontal elargemenr_ of existing structure is limited to 25%. ,,, ,cd lef cdf Excavating, grading and vehicular traffic woulddmong the actions prohibited from such areas. It is unclear as to how the State would administer this -2- CZMC Minutes - 6/27/89 program and it would be at least a year before the State would be ready to do so. Mrs. Wittner will write a letter to the Mayor and Trustees asking them 41 to request an extension from ate in order to await the results of the Waterfron stu y to better decide whether or not a local CEHA law would be appropriate for the Village of Larchmont. Master Plan Update - A Findings Statement has been issued by the Planning Board which essentially found the Master Plan Updates 1 and 2 to either have no significant negative impact or, else a positive impact .2e the environment with the exception of the MUB floating zone proposed for etie Boston Post Road area, which was then withdrawn from the Master Plan. Plastic Ban - The Chairman read a letter from County Legislator Paul Feiner who had introduced the legislation for a County ban on polystyrene to the County Board of Legislators. Premium Feasibility Study Implementation - The Chairman reported that she attended a meeting at Malcolm Pirnie, Inc. to discuss resubmission of the -- proposal, which was sent June 23. Hohberg Water Sampling of Hi Tech - CZMC authorized payment to Robert Hohberg for the water quality testing he conducted behind the Larchmont Diner. The Commission decided not to have additional testing done. Conservation Advisory Commission (CAC) Summer Work Plan - The Chairman read the proposed work plan, dated May 19, drafted by the Open Space Committee of the CAC and commended their efforts. Subcommittee Reports Erosion and Sediment Control - Richard Young had given the chairman a copy of the Erosion and Sediment Control model law with comments from Gary Trachtman, Town Engineering Consultant and Fred Kellogg, the Village Engineer. He will send a revised draft 'o CZMC and the Soil and Water Conservation District once he has integrated the comments with the model law. Scarsdale Manor Development (Winston Property) - A Draft Environmental Impact Statement (DEIS) has been made on the proposed development of 13 single-family homes on the 16.95 acre propert ' fen Ave Claudia Ng gave a brief description o it and reported that the Town is having Mr. Trachtman review it. Alan Mason will review it for the CZMC.( Reservoir - Automated Valve - The Chairman commended Alan Mason on his presentation to the Town Coucil and his work on installing an automated valve at the Larchmont Reservoir and obtaining permission to put additional sensors Ict. the key points within the watershed. 4 New or Other Business 9 Sheldrake Yacht Club - Mrs. Wittner reported that thel'received a request from Ken Lempitt to speak about the Long Island Sound at a meeting of the Sheldrake Yacht Club on July 11. The CZMC declined at this time because the -3- CZMC Minutes - 6/27/89 Club has already had a representative from LIST and the Village of Mamaroneck Bay Constable speak on the topic recently. ISoundwater/Beach Cleanup Day - Ms. Ng reported that John Zappala had nformed her of the launching of Soundwater, a boat to be dedicated to the protection of the Sound like the hiudson River's Clearwater, on July 8 & 9, at Milton Harbor. He is also trying to organize a "Beach C an ay" for Septem r 23. Cheryl Lewy remarked that that may not be a goo day because of another event planned for one of the elementary schools. � CAIS Rye LWRP - The City of Rye has completed a final generic environmental impact statement on their proposed local waterfront revitalization program. Ms. Ng reported that it includes proposed creation of three new_ zoning districts to be known as the Conse nationrict, Waterfront Recreation In7STTIZTT—Nda Membership Club District. CZMC requeste Ms. Ng to obtain information on this. Status of Implementing Actions - This item was postponed to the next meeting. The Chairman asked the members to think about what CZMC should concentrate on in the coming months ahead. Meeting adjourned. 0 -4-