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HomeMy WebLinkAbout1987_10_27 Coastal Zone Management Commission Minutes • Town of Mamaroneck Village of Larchmont ( it = COASTAL ZONE MANAGEMENT COMMISSION MINUTES A regular meeting was scheduled for Coastal Zone Management Commission on Tuesday, October 27, 1987, at the Town Center, 740 West Boston Post Road, Mamaroneck, N. Y. The meeting commenced at 8:07 P.M. Members Present: Robert S. Schoenberger Bruce Allen Wallace Irwin, Jr. Mary Anne Johnson Arthur Katz C. Alan Mason Shirley W. Tolley Phyllis Wittner Others Present: Stephen V. Altieri, Town Administrator Robert Hohberg, Water Monitoring Consultant Claudia Ng, Environmental Coordinator St. Clair Richard, Soundview News Howard Sloane, Town Resident Geoffrey Young, Liaison, Village of Larchmont Trustee John Zappala, Teacher, Hommocks School Frederick A. Lewis, Recording Secretary Approval of Minutes The minutes for the meeting of September 22, 1987, were approved pending corrections submitted at this meeting. Commission Membership Mr. Schoenberger read to the Commission a letter to the Mayor of Larchmont from Mr. Irwin tending his resignation from the Commission, effective November 30, 1987. Expressions of praise and an ovation was accorded Mr. Irwin for his great contributions to the Coastal Zone Management program. Mr. Schoenberger also stated that he has been asked to continue as Chairman of the Commission for a year and has accepted. He further advised that if the other members whose terms have expired have not as yet been contacted, they will be requested to stay on. Mr. Katz commented that due to limitations upon his time, he will not be able to continue another term. Mr. Allen advised that he has been reappointed for three years. The Chairman asked for suggestions as to possible replacements. Address Correspondence to CZM Commission, 740 West Boston Post Road, Mamaroneck, nn, M43 (Phone 914-381-6133) CZMC Minutes - 10/27/87 1988 Budget Mr. Schoenberger advised that he was moving Item 3 on the agenda for discussion first in order to accommodate Mr. Altieri, Town Administrator. Operating Budget - Copies of the 1988 Operating Budget for Coastal Zone Management were passed out and reviewed by the Commission. Mr. Altieri briefly went over each item and responded to queries. Concerning consultant services being provided by Malcolm Pirnie, Inc. , Mr. Altieri stated that they were already covered in the 1987 Budget and therefore not included in the 1988 Budget. Under the category, "printing & stationery", Mr. Altieri advised that the funds being provided were for outside printing jobs inasmuch as most of the office photocopying is done through general Town services. The postage budget line was eliminated for the same reason. Other questions arose concerning telephone service, travelling expenses, etc. , to which Mr. Altieri explained that vouchers could be submitted for certain expenses incurred by a member. It was also noted that the CZMC budget will occasionally overlap with other budgets under the Conservation Department. Mr. Irwin brought up staff time for maintenance, inspection, enforcement, pollution monitoring, etc. , as items for inclusion in the operating budget. Mr. Altieri stated tht some of the items are being addressed by increases in the Highway Department budget for 1988. In conclusion, the Commission expressed approval of the appropriations for the 1988 Operating Budget. Capital Budget - Mr. Altieri advised that the Capital Program included .in the budget reviews what will be done in the next five years. The Plan is revised annually because priorities may change or there may not be sufficient funds for certain projects. It was started in 1983 as a guideline. Mr. Altieri further stated that the LWRP contemplated certain projects and perhaps they should be programmed into the plan. Mr. Schoenberger suggested that the Commission make their recommendations from the contents of the Annual Report which will be submitted to the Town next month. He recommended the sewer project and flood control. Mr. Altieri indicated that sewer system upgrading and flood control projects are already included in the Capital Budget. Mr. Irwin recommended catch basins and silt traps, which were only briefly outlined in the Annual Report but are vital. Dr. Mason mentioned funds concerning the reservoir valve. Mrs. Wittner stated that the results of the Premium Feasibility Study is not reflected in the LWRP and Malcolm Pirnie will shortly have recommendations for physical improvements which should be considered now in terms of cost and decisions. She advised that Mr. Taylor will have something to report around November 15. Mr. Altieri indicated that the deadline for the Capital Budget is November 15. The question of the Bonnie Briar Study was raised and discussed. Mr. Altieri explained that it is an extension of a prior study, but more from a drainage and flood control viewpoint in which they were taking a better look at zoning alternatives. Mrs. Tolley questioned the legality of rezoning the country club, noting that the R-50 rezoning proposal considered in an early version of the LWRP had been labelled as indefensible and therefore had to be dropped. Mr. Altieri advised that the study is now in progress and Mr. Schoenberger requested that the Commission be kept abreast of it. Mr. Schoenberger further referred Mr. Altieri to the recommendations made by the Commission in the final edition of their Annual Report and advised that they would like to see some action taken on all items. -2- • CZMC Minutes - 10/27/87 Legislative Matters Litter Law - The Town Council has requested CZMC to comment on the proposed Litter Law. Mr. Schoenberger thereupon asked for comments. Mrs. Wittner questioned why streams, marshes, rivers and conservation areas were ommitted from the law. She also referred to the regulations on water and questioned dumping in waterways. Mrs. Wittner felt that these items should be included in the law. Mr. Schoenberger also asked that grass clippings, leaves, and discarded containers be included. The question of newspaper littering along with the Pennysaver was brought up. Mr. Young mentioned that the Village of Larchmont attempted to crack down on the Pennysaver, but was thwarted because the Pennysaver would include one or two political advertisements which gives it the right to be distributed. Mr. Irwin raised concern about enforcement and stated that the Building Inspector is the only official given specific responsibility in the section dealing with the clearing of litter from private properties. Mr. Irwin felt that this was a weakness of the law and recommends more enforcement. Mr. Young suggested an environmental officer with enforcement powers, and the problems which Mr. Hohberg has encountered, was discussed. While the Commission felt that the suggestion has merit, they felt that a uniformed officer with enforcement powers was more in need. Problems of civilians attempting to make arrests was discussed as well, but Mr. Schoenberger suggested that the Commission concern themselves with the idea of enforcement, not how it is to be implemented. Discussion was also held on police hesitation to enforce regulations of this type. However, Mr. Allen advised that the proposed law will be a local law in which police are responsible for enforcing. It was agreed that the Commission will recommend more enforcement and that appropriate funds be allocated for this purpose. Mr. Irwin stressed emphasis on education and public information. He also mentioned that the Town should recognize the broad analysis of the sources of litter and the solution for getting rid of the problem. Garbage collection was cited as a source in which much of it remains in the street. In summary, the Commission requested Ms. Ng to draft a letter to the Town Council concerning the enlargement of the definition of litter, and to include grass clippings, leaves, discarded containers, conservation areas, marshes, streams, rivers, and the Long Island Sound as places where littering should be prohibited. Also to provide more enforcement, education and public information, police training on environmental problems, and the alerting of environmental officers to notify police of violations. Annual Report Mrs. Wittner opened the discussion by congratulating Mr. Irwin on a job well done in putting together the Annual Report. Mr. Schoenberger asked for comments on major problems concerning the Report. Mrs. Johnson referred to Page 23, Item 3. She suggested that it include another catch basin at the Premium under the Post Road as listed in the LWRP under Project 5. After a review of the LWRP, it was decided to correct Page 23, Item 3 to read four silt traps with trash racks and to include a fourth one at Post Road culvert of Premium River. The possibility of putting a silt trap in Gut Creek was also considered, but it would have to be done in conjunction with the Village of Mamaroneck since the Hampshire Golf Course lies primarily in the village. Mrs. Tolley referred to the wording and amount of money indicated on Page 27, -3- CZMC Minutes - 10/27/87 Paragraph 1, regarding the budget. It was agreed that the sum would be $8,000. Dr. Mason questioned the second paragraph on Page 3 and asked whether a vote had been taken on the flume proposal. A discussion ensued over the wording of the paragraph. Dr. Mason conceded to the consensus of opinion to let the paragraph remain as written. He also discussed the top paragraph of Page 6 concerning the cutoff date of the report. Mr. Schoenberger referred to Page 24, Item 8. He felt that removal of the woodchips should be included. However, Mr. Irwin informed Mr. Schoenberger that the matter had already been discussed at the meeting in September in which Mr. Schoenberger was absent. At that meeting, the Commission concluded that they do not have much to say about it unless it has impact on the conservation area. Mrs. Johnson brought up another item on page 16, top of page, which dealt with service stations and auto dealers. Under "Protective Measures", Mrs. Johnson felt that regular monitoring should be included, to which everyone agreed. Mr. Katz referred to Page 15, first paragraph, last sentence in which he questioned whether the Commission wanted to use such strong words as "conclusive proof". Consensus of opinion was yes. Mr. Katz also brought up Recommendations 11, 12, and 14 on pages 25 and 26. He questioned whether they are within the purview of the Commission. He further recommended their renumbering in order of importance. Mr. Irwin stated that Mrs. Tolley had provided him with suggestions by telephone concerning the historic text and he read the changes to the Commission. Mrs. Wittner gave Mr. Irwin a listing of minor suggestions and corrections. In regard to the Premium Beach Lot (item 12, page 25), however, Mrs. Wittner emphasized the appropriateness of proceeding with this recommendation immediately since the area just received State "Significant Fish and Wildlife Habitat" designation. She was, therefore, authorized to draft a letter to the Village of Larchmont Board of Trustees on this issue. Mr. Irwin was given authority to complete the project and also an ovation for his work in preparing the Report. Projects Village of Larchmont Harbor Security - Mr. Allen reported that at a recent meeting of the Village Board, Fred Kellogg, the Village Engineer, stated that the Town was responsible for any infractions of law at the Village of Larchmont waterfronts. With regard to the Bay Constables, he advised that the matter was referred to Senator Oppenheimer (copy on file). Mr. Allen also suggested that the recommendation for Bay Constables be submitted in writing and that the CZMC should see to it that ownerships are elucidated. fi Sound Pollution Monitoring - Mr. Allen provided the Commission with a descriptive briefing of conditions he found with regard to the Sound. He reported on a strong smell coming from the pumping station and indicated that he would like to know the bacterial count in that area as well as others on the Sound. He further indicated that biological changes are taking place which are hurting fish. Mr. Allen also pointed out Cedar Island as another source of pollution and expressed an interest in reviewing the sewer plans for the area to determine when they were built. Mr. Allen therefore proposed, with the assistance of Mr. Robert Hohberg and Mr. Zappala and his students, to monitor the Sound, taking samples of the water along the coast, the water temperature, the wind direction, tide, etc. , as well as taking -4- CZMC Minutes - 10/27/87 colony counts and making slides to distinguish organisms in the water periodically throughout the year. Before putting such a study in operation, Mr. Allen wanted to know whether the Commission was interested in having him do it. Mrs. Wittner questioned whether Mr. Allen was aware that a study of the Sound was presently underway and Mr. Allen advised that he did not believe that it addressed the issues of concern to the community. Mr. Zappala supported Mr. Allen's request indicating the need for students to get involved in environmental studies. Dr. Mason questioned whether Mr. Allen had the facilities available to conduct such a study and Mr. Allen stated that he did up to a point but was in need of such lab equipment as an incubator, lab dishes, etc. Both Mr. Irwin and Dr. Mason supported the request, and Mr. Hohberg indicated his willingness to work with Mr. Allen and Mr. Zappala on such a study. Thereupon Mr. Schoenberger suggested the drafting of a project proposal and submission to the Commission. The Commission aproved the coordinated efforts of Mr. Allen, Mr. Hohberg, and Mr. Zappala in such a study pending submission of the proposal. Mr. Hohberg will propose either the monitoring of East Creek or the waterfront to the Conservation Advisory Commission (CAC). New and Other Business Because of time, Mr. Schoenberger advised that the agenda items concerning Liaison assessment and Rye's Draft LWRP, be put over to the next meeting. Premium Event - Mrs. Johnson reported that approximately 50 persons - participated in the event. Several boats and canoes were made available and speakers included Mr. Schoenberger and Jack Taylor of Malcolm Pirnie, Inc. Mr. Taylor summarized what the consulting firm was doing and would be doing in the area. Mrs. Johnson further informed the Commission that Mr. Taylor had advised her that Tony's Nursery seawall near Chestnut Avenue is in immiment danger of collapse. Mrs. Wittner stated that the matter was discussed with Fred Kellogg whom informed her that the matter should be referred to Tom Leddy of the Town's Highway Department. Mrs. Wittner stated that she had discussed the matter with Mr. Leddy and he advised her that he would try to get in touch with the owner, John Rodrigues. It was noted that the stone wall nearby had also collapsed just a few months ago. State Freshwater Wetlands Map - Mr. Schoenberger stated that he received a letter advising that the final edition of the New York State Freshwater Wetlands Map is on file. Ms. Ng indicated that the Town Clerk has the maps, but no areas within this community were designated as State freshwater wetlands. Long Island Sound - Mr. Schoenberger reported that Senator Patrick Moynihan held a hearing yesterday in the Town Center on the pollution problems of Long Island Sound. Several of the Commission members indicated that they had attended the hearing. Publications - Mr. Schoenberger advised that he received a copy of the book, And Two if By Sea: Fighting the Attack on America's Coasts, from the State's Department of State. The book will be available at the Conservation Office. -5- • CZMC Minutes - 10/27/87 Meeting Announcements - Mr. Irwin advised that the Environmental Management Council will hold a meeting tomorrow night (October 28) on coastal communities. The meeting will take place in White Plains, 85 Court Street, at 8:00 P.M. He suggested that someone should try to make the meeting. Dr. Mason indicated that he will make an effort to attend. Bonnie Briar - Mrs. Tolley referred to an article in the League of Women Voters newsletter, in which Bonnie Briar was mentioned as one area recommended by the League for acquisition by the Town because of its environmental significance. Mrs. Tolley felt that it was encouraging and stated that she would like for the Commission to get back to the problems in the Bonnie Briar area. LWRP Amendment - Mrs. Wittner referred to the "Significant Fish and Wildlife Habitat" designation which activates Policy 7 of the LWRP. It was questioned how the LWRP can be amended to include Policy 7 and it was indicated that action was necessary by the Village and Town. Subscriptions - The Commission authorized Ms. Ng to subscribe to NYPIRG and the Sierra Bulletin. Meeting adjourned at 10:46 P.M. -6-