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HomeMy WebLinkAbout1984_08_14 Coastal Zone Management Commission Minutes (2) VILLAGE OF LARCHI"IONT TOW1'+ OF MAMARONECK COASTAL ZONE MANAGEMENT COMMITTEE ,43 NCDAVOSlATtD - + 1891 ' r' CU txt Y .`• `: Fl7UNaeT she Larchmont, NY 10538 Mamaroneck, NY 10543 MINUTES of the Regular Meeting of the Committee, Larchmont Village Center, Tuesday, August 14, 1984 Members present: Bruce Allen June Allen William Eipel Elinor Fredston Wallace Irwin Jr. , Co-Chairman Arthur A. Katz James Killilea C . Alan Mason " Howard McMichael Jr. Elaine Price Abe Rosenfield Robert S . Schoenberger Joseph F. Vandernoot Robert E. Mite Leo Wilson Consultant: Daniel Shuster Municipal officials present: Paul Kean, Larchmont Village Trustee Lawrence Lerman, Mamaroneck Town Council Stephen V. Altieri , Town Administrator Others present: Mrs. Priscilla Dibble , 19 Pine Brook Drive 1. The meeting was called to order by Mr. Irwin at 8:10 p.m. He welcomed Arthur Katz , newly appointed to the Committee by the Town of Mamaroneck. Also welcomed was Mrs. Dibble, who came as an ob- server representing Mr. Terence Mullen, a neighbor whose letter to the Committee about flooding in the Pine Brook area had been read by Mr. Irwin and referred to members concerned with this subject. 2. The minutes of the meetings of July 10 and 17 were approved with the one correction proposed by Mr. White, adding Mr. Lowy' s name to the list of those present on July 10 . 3. Municipal government comments on draft Section III (Policies) . Dr. Lerman reported that members of the Town Council had given him no comments or proposed changes on the draft of Section III which had been presented to them on August 1 when Dr. Mason, IIr. Irwin and Mr. Shuster briefed .the Council on the Committee' s progress. Mr. Kean noted that Mayor Curnin of Larchmont had written a - 2 memorandum (copy attached) dated August 14, commenting on several parts of Section III , and that Trustee James Anderson had made similar comments orally on some points. Mr. Anderson had also asked whether the remaining sections of the package to be submitted to Albany for review would first be distributed to the Village Board, and has been assured that they would. The Committee agreed on certain changes or questions to be looked into, and on other points to be made, in response to Mayor Cumin' s memorandum, and instructed Mr. Irwin, in consultation with Trustee Kean, to respond accordingly ( see attached) . 4. Review of draft Section IV. The Committee proceeded to a page-by-page discussion OF the revised draft of Section IV, "Uses and Projects, " using as its basis the annotated draft distributed just before the July 10 meeting. Discussion was completed on pages 38 to 42 and the first paragraph on page 43. Several changes were agreed on, notably deletion of reference to the commercial area adjoining East Creek, and revision of the zoning formula to be applied to the three golf course properties. In the latter case Mr. Shuster was asked to consult with the Town Attorney, Mr. Silverberg, concerning the revised language. Extensive discussion took place on the draft proposal in the latter half of subparagraph b of Section IV-A-3, calling for revision of the Village of Larchmont zoning ordinance to permit new water-dependent clubs in the R-30 district. Several members spoke in favor of this proposal and several spoke against it. There being no sign of agreement on the substance of the issue, the chair proposed that the last two sentences in subparagraph b be replaced provisionally by nonprejudicial words more or less as follows: "The Village of Larchmont will take such further action in regard to land use in the R-30 District as may be appropriate to implement Policies 19 and 21. " This proposal was agreed to without dissent. The hour being late, the Committee decided to defer considera- tion of the remainder of Section IV, and of Section V, until its next meeting. 5. Next meetings. To expedite completion of drafting, which is considerably behind schedule , the Committee agreed to hold an extra meeting on Tuesday, August 28 at 8 p.m. in the Village Center. The regular September meeting will be held on September 11, also at 8 p.m. in the Village Center. There will be no meeting of the Committee of Committees during this period. 6. There being no further business, the Committee adjourned at 10: 35 p.m. t r.161 • OFFICE OF ! MUNICIPAL BUILDING MIRIAM CURNIN c 4` wi . r ten; LARCHMONT. N. Y. 10538 � ';. MAYOR = x-- r.. � TEL.: 834-6230 :MCORDORATCO. ia91 • .y August 14, 1984 MEMORANDUM TO: Wallace Irwin FROM: Mayor Miriam Curnin RE: CZM Task 3 - Policies Policy #10 - Do we not monitor now for heavy metals? Does not Bob Hohberg undertake this via the CAC? Policy #12A - It would be more appropriate for the CZM to recommend that the Village dedicate the reservoir property as open space since the Village is the only agency that can enact such a dedication. Police #25A - Local prosecution for violation of noise by aircraft flying over the Village seems almost quixotic. I think the formula for noise control in FCC or ICC controlled areas should be pursued N�t� through our representatives in Congress. Policy #39 - I believe illegal dumping in the Flint Park leaf pile is a relatively small matter. Relocation of the leaf pile may very well add to Village costs re leaf disposal and those costs must be considered. Policy #39A - Let it not appear that the Village has made no effort to address the litter problem because such is not the case. 1. We do have a Beautification Committee which came into being specifically to attack the litter problem. It is a large group and an ongoing one which generally seeks to attack the problem by rewarding and recogniz- ing those business establishments which display efforts leading to clean and attractive business locations, store fronts, grounds, etc. 2. We do have a tag sale law which prohibits posting of advertising signs throughout the Village -- a source of visual pollution. Wallace Irwin -2- 10/14/84 3. We do have a sign law that forbids political signs on private property and sets a timetable for same in store windows. _ 4. Through the Joint Sanitation Commission we require and reinforce frequently that the sanitation men pick up what they drop, put lids on garbage cans, and the like. 5. We allow commercial garbage to be put out on the side- walk only the morning of pickup. 6. We allow private refuse to be put out only the night before pickup. Let's give credit where it is due -- as I know you are most willing to do. 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Mt n t AUG s 1984tit • . it O 'ROTHys. FRBpv oor•a �s6A O ( • NY. Larchmont, NY 10538 Mamaroneck, NY 10543 August 2 , 1984 TO: CZMC Members and other interested persons - FROM: Wallace Irwin Jr. and Shirley W. Tolley, Co-Chairmen The attached new draft of the "Policies" section of our proposed Local Waterfront Revitalization Program constitutes a key portion of the submission we expect to make later this month for review by the Coastal Zone staff in the Department of State in Albany. It is forwarded to you for your information and for any comments you may wish to make. - This paper is the result of intensive study and discussion by members of our Committee, working closely with our consultant Dan Shuster, during June and July. Although it is duly responsive to the coastal zone policies of New York State , its content directly reflects major concerns of our two communities. Prominent among these are: to strengthen our control of flooding, siltation, pollution, and sewage backup; to protect our vulnerable wetlands and wildlife resources; to strike a wise balance among recreational, environmental, -and other values in the coastal zone ; and to preserve our historic and scenic areas. Accompanying this "Policies" section in our submission to Albany will be other, briefer sections defining our Coastal Zone boundary; providing an "inventory and analysis" of conditions in our coastal area (already distributed) ; proposing specific projects for flood, sewage and pollution control, etc. ; and proposing new laws , regula- tions and organizational arrangements to implement the program. Once the Albany staff' s comments on this material are received, we will revise and complete the draft LWRP and present it to our two municipal governments with a view to their approval and for- warding to the Department of State in Albany with a regiest that it be accepted under State law as the Local Waterfront Revitaliza- tion Program for this area. Before the two municipal governments act, a public hearing will be held so that all residents will have the opportunity to state their views on the draft. Our planning process is well under way but still has quite a way to go. We greatly appreciate the contributions of knowledge and ideas that many Committee members and others have made thus far. The Committee has been working in an excellent spirit and we hope the result of our labors will reflect , as far as is humanly possible , a true community consensus. cc. Mayor Curnin and Trustees, Village of Larchmont Supervisor Battalia and Council Members, Town of Mamaroneck SHUSTER ASSOCIATES • R- ', Box 259 Stone Ridge, New York 12484 PLANNING , 687-0758 AND ZONING SERVICES SECTION III LOCAL POLICIES AND APPLICABLE STATE POLICIES Village of Larchmont - Town of Mamaroneck Local Waterfront Revitalization Program Revised Draft based on review by Coastal Zone Management Committee on July 10 and 17, 1984 July 27, 1984 Community Planning,Zoning,Site Plans,Community Development Programs and Historic Preservation Planning Member,American Institute of Certified Planners III. LOCAL POLICIES AND APPLICABLE STATE POLICIES This section includes a listing of each State Coastal Policy and indication of its applicability to the Local Waterfront Revitalization Program in the Village of Iarchmont and Town of Mamaroneck. Also included are additional local policies and an explanation of how both state and local policies relate to the local coastal area. DEVELOPMENT POLICIES POLICY 1 RESTORE, REVITALIZE, AND REDEVELOP DETERIORATED AND UNDERUTILIZED WATERFRONT AREAS FOR COMMERCIAL AND INDUSTRIAL, CULTURAL, RECREATIONAL AND OTHER COMPATIBLE USES. Explanation of Policy: The coastal area is almost totally developed with high quality residential and recreational uses. There is no deterioration of waterfront sites or of the economic base in this area. This policy is Net Applicable. POLICY 2 FACII,YTHE ORSITING ADJACENTWTOE OASTADENT WATERSUSES AND FACILITIES ON Explanation of Policy: Undeveloped land with access to the Larchmont/Mamaroneck coastal Fea waters is scarce and environmentally sensitive. op- portunities for new water dependent use exist.. Therefore efforts must be made to ensure th - continued use and preservation of existing water dependent uses and : to permit only such uses as are compatible with already existing uses. The following types of uses and facilities are con- sidered as water dependent and appropriate on or adjacent to the Larchmont/Mamaroneck coastal waters : 1 . Recreational activities which depend on access to coastal waters (for example: Swimming, fishing boating, wildlife viewing, scenic and nature walks) ; 2. Aids to navigation. 3. Flood and erosion protection structures (for example: Breakwaters, 4. Non-commercial facilities needed to store and service boats. III-1 • 5. Scientific/educational activities which, by their nature, require access to coastal waters (for example: certain meteorological, _ecological and _oceanograph1 c activities) : and 6. Support facilities which are necessary for the successful functioning of permitted water de- pendent uses. In principal, uses which are enhanced by, though not de- pendent on, a waterfront location are also encouraged to locate along the shore. A water-enhanced use is defined as a use that has no critical dependence on obtaining a waterfront location, but profitability of the use and/or the enjoyment level of the users would tie increased significantly if the use were adjacent to, or had visual access to, the waterfront. However, the high quality and cohesiveness of the residential development adjacent to the Larchmont/Mamaroneck coastal waters is such that, except for certain water dependent uses, the introduction of other, albeit water enhanced, uses is almost certain to be in- compatible. POLICY 3 ENCOURAGE THE DEVELOPMENT OF THE STATE' S EXISTING MAJOR PORTS 'OF ALBANY, BUFFALO, NEW YORK, OGDENSBURG, AND OSWEGO AS CENTERS OF COMMERCE AND INDUSTRY, AND ENCOURAGE THE SITING, IN THESE TORT AREAS, INCLUDING . THOSE UNDER THE JURISDICTION OF STATE PUBLIC AUTHOR- TIES OF LAND USE AND DEVELOPMENT WHICH IS ESSENTIAL TO OR IN SUPPORT OF WATERBORNE TRANSPORTATION OF CARGO AND PEOPLE. Explanation of Policy: The policy is not applicable since the i:arcnmont/Mamaroneck coastal area is not situated within any of the State' s major port areas. POLICY 4 STRENGTHEN THE ECONOMIC BASE OF SMALLER HARBOR AREAS BY ENCOURAGING THE DEVELOPMENT AND ENHANCEMENT OF THOSE TRADITIONAL USES AND ACTIVITIES WHICH HAVE PROVIDED SUCH AREAS WITH THEIR UNIQUE MARITIME IDENTITY. • III-2 • Explanation of Policy: The strength of the eco- nomic base of the areas abutting Long Island Sound and Larchmont Harbor is due to a combination of the attractive, water-oriented residential envi- ronment- and the compatible, water dependent rec- reational uses. The thrust of this policy is to preserve this base and to protect it from environ- mental threats rather than to promote new uses. The following guidelines will be used to evaluate specific actions_affecting the existing pattern of use: 1 . Priority shall be given to water-dependent or water-enhanced uses which are compatible with the existing pattern of use and will enhance rather than detract .from existing uses. 2. An action shall not be out of keeping with existing development in terms of scale, in- tensity of use, architectural character, or ' potential as a source of noise, litter, trafic jams, or other nuisance. 3. Actions shall not detract from views of the water or from views of the shore as seen from ,the water, since the visual quality of the area is part of its appeal and economic strength. 4. Priority shall be given to actions which pre- serve or enhance the economic base by protecting • against environmental abuses and furthering use and enjoyment of recreational facilities. Such actions include: a. Zoning to facilitate continued use of and necessary modification to recreational facilities. b. Zoning to preclude more intensive residential development of the shoreline. c. Dredging to permit continued use and enjoyment of the harbor for boating. d. Elimination of pollution sources which detract from the waterfront environment. III-3 • POLICY 5 ENCOURAGE THE LOCATION OF DEVELOPMENT IN AREAS WHERE PUBLIC SERVICES AND FACILITIES ESSENTIAL TO SUCH DEVELOPMENT ARE ADEQUATE, EXCEPT WHEN SUCH DEVELOPMENT HAS SPECIAL FUNCTIONAL RE- QUIREMENTS OR OTHER CHARACTERISTICS WHICH NECESSITATE_: ITS LOCATION IN OTHER COASTAL AREAS. Explanation of Policy: The coastal area is almost entirely developed and served by all customary services and infrastructure. Therefore, extension of service areas, urban sprawl or "leap-frog" development are not concerns. However, the inadequacy of certain facilities, primarily storm drainage, does set limits on the location and intensity of future development in the coastal area. Development of the limited remaining open space in the several drainage basins traversing the Town and Village would have an adverse impact where storm drainage facilities are already over-taxed (see Section II for further discussion) . Some of the open spaces involved are hpstream be- yond the municipal boundaries. However, two sig:. nificant open spaces in the Sheldrake drainage basin--the Bonnie Briar And Winged Foot golf courses- -where flooding is a frequent .occurrence, are in the Town of Mamaroneck. Future use of these sites must be such that storm water discharge downstream is not increased. Otherwise, this policy is not applicable. POLICY 6 EXPEDITE PERMIT PROCEDURES IN ORDER TO FACILITATE THE SITING OF DEVELOPMENT ACTIVETIES AT SUITABLE LOCATIONS. Explanation of Policy: When administering existing regulations and prior to proposing new regulations, every effort should be made to determine the feas- ibility of coordinating administrative procedures and incorporating new regulations in existing legislation, if this can reduce the burden on a particular type of development without jeopardizing the integrity of the regulation ' s objectives. FISH AND WILDLIFE POLICIES POLICY 7 SIGNIFICANT COASTAL FISH AND WILDLIFE HABITATS, AS IDENTIFIED ON THE COASTAL AREA NAP-, SHALL BE PROTECTED, PRESERVED, AND, WHERE PARACTICAL, RESTORED SO AS TO MAINTAIN THEIR VIABILITY AS HABITATS. 1II-4 looplanatioIi of Policy: iiabitat proteetiufl ie recognized as fundamental to assuring the survival of fish and wildlife populations. Certain habitats, among others the Premium and iiommocks wetlands, are particularly critical to the maintenance of a given population ana tnereiore w i.t 5peulal protection. Such habitats exhibit ore or r.ore of the for owing characteristics : • 1 . are essential to the survival of a large portion of a particular fish or wildlife population ( e.g. , feeding, grounds, nursery areas) ; 2. support population of rare and endangered species; 3. are found at a very low frequency within a coastal region; 4. support fish and wildlife populations having significant commercial and/or recreational value; 5. would be difficult or impossible to replace. In order to protect and preserve a significant habitat, land and water uses or development! shal'l not be under- taken if such actions destroy or significantly impair the viability of an area as a habitat. When the action significantly reduces a vital resource (e.g. , food, shelter, living space) or changes environmental _con- ditions (e.g. , temperature, substrate, salinity or turbidit3 beyond the tolerance range of an organism, -then the action would be considered to "significantly impair" the habitat. Indicators of a significantly impaired habitat may include: reduced carrying capacity, changes in community structure (food chain relation- ships, species diversity) , reduced productivity and/or increased incidence of disease and .mortality. The range of generic activities most likely to affect significant coastal fish and wildlife habitats in- clude but are not limited to the following: 1 . Draining wetlands, ponds: Cause changes in veg- etation, or changes in groundwater and surface water hydrology. III-5 2. Filling wetlands, shallow areas of streams, lakes, bays, estuaries : May change physical character of substrate (e.g. , sandy—to- muddy, or smother vege- tation, alter surface .water hydrology) . 3. Grading land: Results in vegetation removal, in- creased surface runoff, or increase soil erosion and downstream sedimentation. 4. Clear cutting: May cause loss of vegetative cover, increase fluctuations in amount of surface runoff, or increase streambed scouring, soil erosion, sed- iment deposition. 5. Dredging or excavation: May cause change in sub- strate composition, possible release of contaminants otherwise stored in sediments, removal of aquatic vegetation, or change circulation patterns and sed- iments, transport mechanisms. 6. Dredge spoil disposal : May induce shoaling of lit- toral areas, or change circulation patterns. 7. Physical alteration of shore areas through channel- ization or construction of shore structure: May change volume and rate of flow or increased scouring, sedimentation. 8. Intraduction, storage or disposal of pollutants such as chemical, petrochemical, solid wastes, nuclear wastes, toxic material pesticide, sewage effluent, urban and rural runoff, leachate of hazardous and toxic substances stored in landfills : May cause increased mortality or sublethal effects on organisms, alter their re- productive capabilities, or reduce their value as food organisms. The range of physical, biological and chemical parameters which should be considered include but are not limited to the following: 1 . Physical parameters such as: Living space, circulation, flushing rates, tidal amplitude, turbidity, water temp- erature, depth (loss of littoral zone) , morphology, substrate type, vegetation, structure, erosion and sed- imentation rates. 2.. Biological parameters such as: Community structure, III-6 food chain relationships. species diversity, predator/ prey relationships, popualtion size, mortality rates, reproductive rates, behavioral patterns, and migratory patterns. 3. Chemical parameters such as: Dissolved oxygen, carbon dioxide, ph, dissolved solids, nutrients, organics, salinity, pollutants (heavy metals, toxic and haz- ardous materials) . When an action alters any of the biological, physical or chemical parameters as described in- the narrative beyond the tolerance range of the organisms occupying the habitat, the viability of the habitat has been sig- nifi aan tly impaired or destroyed. Any proposed action therefore,- likely to result in such alteration. vcuid 'e inconsistent with the above mo,icy. POLICY 7A HABITATS IN THE PREMIUM AND HOi'MOCKS WETLANDS SHALL BE DESIGNATED AS CRITICAL ENVIRONMENTAL AREAS UNDER THE SEQR ACT AND ACTIONS WHICH MAY AFFECT EITHER AREA SHALL BE SUBJECT TO THE CLOSEST SCRUNITY AND EITHER PROHIBITED OR MOD- IFIED TO INCLUDE APPROPRIATE MITIGATING MEASURES. Explanation of Policy: These two areas are of great environmental value and have been subject to a variety of damaging factors. CEA designation under the SEQR act will require that an Environemental impact State- • . next be prepared for any action which may impact either area. • POLICY 8 PROTECT FISH AND WILDLIFE RESOURCES IN THE COASTAL AREA FROM THE INTRODUCTION OF HAZARDOUS WASTES AND OTHER POLLUTANTS WHICH BIOACCUMUTATE IN THE FOOD CHAIN OR '+WHICH CAUSE SIGNIFICANT SUBLETHAL OR LETHAL EFFECT ON THOSE RESOURCES. • Explanation of Policy: The regulation of hazardous wastes is assumed by state and federal agencies. Other pollutants from point or non-point sources also. cause substantial damage to fish and wildlife resources and are controlled by both state and local law. County and local government must be more effective in monitoring pollutior as well as enforcing local regulations and reporting violations of state or federal law, which are a serious problem especially in the Premium area and the East Creek--Hommocks area. . Pursuant to this policy, a regular program of monitoring and reporting of pollutants likely to damage fish and wildlife in the area will be con- ducted in cooperation with appropriate State and County agencies ; and local regulations against such pollutants will be reviewed for adequacy and strictly enforced 111-7 POLICY a EXPAND RECREATIONAL USE OF FISH AND WILDLIFE RESOURCES IN COASTAL AREAS BY INCREASING ACCESS TO EXISTING RE- SOURCES, SUPPLEMENTING EXISTING SHAI,LSTOCKS MADE IN MANNER - NEW RESOURCES. SUCH EFFORTS WHICH ENSURES THE PROTECTION ENACTIVITIES DEPENDENT • LIFE RESOURCES AND CONSIDRS OTHER ON THEN. • Explanation of Policy: The limited fish and wildlife resources of the area, the fragility of their habitats, and dense surrounding settlement combine to preclude hunting or extensive shore-based fishing. These activities are not now permitted on public property in the area and no changecin this policy is contemplated. However, recreational uses of coastal fish and wildlife resources also include non-consumptive uses such as wildlife photography, bird watching and nature study. In general, the latter category shall be given preference. over the former in view of the limited size of the resources and their location in urbanized areas. The following additional guidelines should be considered bysi Sttencye ofdtheirral proposedles as actionthey withdtheraboveine tpolicy. con- sistency 1 . Consideration should be made by Federal and State agencies as to whether an action will impede ex- isting or future utilization of the State' s re- creational fish and wildlife resources. 2. Efforts to increase access to recreational fish and• • wildlife resources should not lead to overutilization of that resource or cause impairment of the habitat. Sometimes such impairment can be more subtle than actual physical damage to the habitat. Forls examprom le, increased human presence can g the habitat area. 3. The impacts of increasing access to recreational fish and wildlife resources should be determined on a case-by-case basis, consulting the significant habitat narrative (see Policy 7) and/or conferring with a trained fish and wildlife biologist. 111-8 POLICY 10 FURTHER DEVELOP COMMERCIAL• FINFISH, • SHELLFISH AND CRUSTACEAN RESOURCES IN COASTAL AREA BY: ( 1 ) ENCOURAGING THE CONSTRUCTION OF NEW, OR IMPROVEMENT OF EXISTING ON-SHORE COMMERCIAL FISHING FACILITIES; (2) INCREASING MARKETING OF THE STATE' S SEAFOOD PRODUCTS; AND (3) MAINTAING ADEQUATE STOCKS AND EXPANDING AQUACULTURE FACILITIES. SUCH EFFORTS SHALL BE IN A MANNER WHICH ENSURES THE PROTECTION OF SUCH RENEWABLE FISH RESOURCES AND CONSIDERS OTHER ACTIVITIES DEPENDENT ON THEM. Explanation of Policy: Other than small-scale commercial lobstering off-shore, there are no commercial fishing -operations in the Larchmont/ Mamaroneck coastal area and no locations on-shore where such activities would be appropriate. Th re- fore, this policy is not applicable. POLICY 1CA GVE XATER QUALITY TN LONG IS==-= SOUND WATERS TO PER.MIT THE TAKING OF SHELL FISH FOR Hunt .. CONSUMPTION. Explanation of Policy: The Westchester shore was once a major shellfish producing area, but its waters have been restricted for this purpose. The water quality should be enhanced and monitored with the goal of opening western Long Island Sound for the taking of shellfish. Menitoring the waters for heavy metals and other bioaccumulative substances would be advantageous to promote this objective. FLOODING AND EROSION POLICIES POLICY 11 BUILDING AND OTHER STRUCTURES WILL BE SITED IN THE COASTAL AREA SO AS TO MINIMIZE DAMAGE TO PROPERTY AND THE ENDANGERING OF HUMAN LIVES CAUSED BY -- FT C ODIlIC ,BT S7(7. - -- - - Explanation of Policy: The design and location of buildings existing or to be placed in designated Flood hazard areas is regulated by local flood damage prevention laws which have been adopted pursuant to the federal Flood Insurance Program. There is coastal erosion at Premium Point Beach, where sand washes over into the Mill Pond during storm high tides and at the Manor Beach. Moreover, erosion of stream banks in the tidal wetlands of the Premium and HQmmocks areas has contributed to flooding of adjacent lands. Measures to stabilize erosion prone features will be given priority so as to prevent further damage due to flooding as well as to the natural resources of the wetlands areas. I1I-9 POLICY 12 ACTIVITIES OR DEVELOPMENT IN THE COASTAL AREA WILL BE UNDERTAKEN SO AS TO MINIMIZE DAMAGE TO NATURAL RESOURCES AND PROPERTY FROM FLOODING AND EROSION BY PROTECTING NATURAL PROTECTIVE FEATURES INCLUDING BEACHES, DUNES, BARRIER ISLANDS AND BLUFFS. PRIMARY DUNES WILL BE PROTECTED FROM ALL ENCROACHMENTS THAT COULD IMPAIR THEIR NATURAL PROTECTIVE CAPACITY. Explanation of Policy: Only one natural protective feature of the types listed, i . e. Premium Point Beach, is present in the Larchmont/Mamaroneck coastal area. However, major protection aginst flooding and erosion is provided by a combination of features, despite some impairment resulting from past development, namely: the flood plains in the Sheldrake and Pine Brook drainage basins; the flood protection function of the Larchmont Reservoir; and the tidal wetlands at the outflow of the Pine Brook-Premium and East Creek-Hommocks drainage systems. The flood protection value of these features can be further increased by physical improvements and by improved drainage basin management. To these ends, further de- velopment or other activities which could cause damage to the wetlands or other natural resources, or to buildings and other property, must be carefully monitored and regulated under existing regulations and laws including the Flood Damage Prevention Law, the Tidal Wetlands yaw, the State Environmental Quality RQview Act (SEQRA) , and, where appropriate, by new or amended local Ordinances. • • Accordingly, the following additional policy is adopted: POLICY 12A ALL APPROPRIATE PHYSICAL, LEGAL AND ADMINISTRATIVE MEASURES WILL BE TAKEN, TECHNICAL RESEARCH AND FEASIBILITY STUDIES PERFORMED, AND CO • - OPERATIVE ARRANGEMENTS WITH NEIGHBORING JURIS- DICTIONS PURSUED, IN ORDER TO PREVENT OR REDUCE FLOOD DAMAGE, EROSION AND SILTATION IN THE PINE BROOK-PREMIUM, SHEI.DR4KE, AND EAST CREEK-HOMi•IOCKS DRAINAGE BASINS. THE EFFECTIVENESS OF EXISTING FLOOD CONTROL FACILITIES, IN PARTICULAR TEE LARCHMONT RESERVOIR, WILL BE MAINTAI?IiD AND, IF FEASIBLE, IMPROVED; AND THE RESERVOIR PROPERTY, IN VIEW OF ITS UNIQUE VALUE FOR THIS AND OTHER PUBLIC PURPOSES , WILL BE PERMANENTLY PRESERVED AND DEDICATED AS N SPACE. J. III-10 Explanation of Policy: 1. l''echn=cal research: Present knowledge of the hydrology of the upper' Sheldrake, Pine Brook-Premium, and East Creek- Hommocks drainage basins is inadequate as a basis for planning coherent strategies of drainage basin - management. In 1982 at the request of the affected municipalities, a hydrological study of the upper Sheldrake was initiated by the Westchester County Soil and Water Conservation District. This study is nearing completion and will provide necessary technical background for consideration of various possible new flood and erosion control measures by the three juris- dictions involved, i. e. the Town of Mamaroneck, New Rochelle and Scarsdale. Comparable studies of the Pine Brook-Premium and East Creek-Hommocks drainage basins remain to be undertaken. Such studies must be undertaken at the local level since these areas are not included in the flood control program of the U.S. Army Corps of Engineers. - 2. Physical actions% A number of physical actions involving the Larchmont Reservoir, the upper Sheldrake, and the Pine Brook-Premium area are listed in Section IV for execution or for study. The most important physical facility now in service for floodcontrol in any of these areas is the Larchmont Reservoir, the operation of which to mitigate. flooding in the Sheldrake is described in Section II above. Timely operation of the new valve in the Reservoir' s upper dam since 1981 has given important, though partial, relief. to flood-prone areas downstream during a period of exceptionally heavy rains. Various engineering steps to further improve the ,flood control value of the Reservoir have been under consideration. In assessing such Weightproposals, should be given not only to their cost-efectiveness for flood control but also to .their potential impact on the Reservoir' s important aesthetic and recreational value and on its value as an emergency standby source of municipal water supply. 3. Legal and administrative actions: (a) The value of the Larchmont Reservoir for flood control is a major consideration in the pending proposal to dedicate the Reservoir property as permanent open space for public use. The act of dedication by the Village of Larchmont, owner of the property would thus be a key step toward an effective flood control strategy for the Sheldrake. (b) As indicated in Policies 14A and 14E, and further developed in Section IV-B, the zoning and other regulatory powers of the Village and ^pion will be used to prevent any further increase in rates of storm waterccharge in the three drainage basins. in addition, inter- n nici pal ar,a n_e me�a- , esp_ ec_all7 with 7nn11OI7Q qrd JCCrsd • wi be sought with hCW 1T1-n view to enactment of similar controls by them and to the creation of permanent organizational structures for cooperative management of the two shared drainage basins. Similarly, the possibility of cooperative management of the East Creek-Hommocks drainage basin with the Village of Mamaroneck will also be explored. POLICY 13 THE CONSTRUCTION OR RECONSTRUCTION OF EROSION PROTECTION STRUCTURES SHALL BE UNDERTAKEN ONLY IF THEY HAVE A REASONABLE PROBABILITY OF CON- TROLLING EROSION FOR. AT LEAST THIRTY YEARS AS DEMONSTRATED IN DESIGN AND CONSTRUCTION STANDARDS AND/OR ASSURED MAINTENANCE OR REPLACEMENT PROGRAMS. Explanation of Policy: Most of the Long island Sound coastline is protected from erosion by permanant structures which, with periodic maintenance, provide long-term pro- tection. . The various rivers and streams flowing through the coastal area, however, are often subject to increasing erosion_ due to changing upstream flow characterstics. Erosion protection structures in these areas must be designed .to give long-term protection while, at the same time, respecting considerations of the natural and aesthetic environment. For example, use of natural materials such as rock. or wood is __preferable to concrete or steel - isu such. structures must not cause damage to neighboring properties by cnangi.cl� the flood lerel . -- _-._ POLICY 14 ACTIVITIES AND DEVELOPMENT, INCLUDING THE CON- STRUCTION OR RECONSTRUCTION OF EROSION PROTECTION STRUCTURES, SHALL BE UNDERTAKEN SO THAT THERE WILL BE NO MEASURABLE INCREASE IN EROSION OR FLOODING. AT THE SITE OF SUCH ACTIVITIES OR DEVELOPMENT, OR AT OTHER LOCATIONS. Explanation of Policy: Erosion and flooding are processes which occur naturally. However, by his actions, man can increase the severity and adverse effects of those processes, causing damage to, or loss of property, and endangering human lives. Those actions include: the use of erosion pro- tection structures such as groins, or the use of imperrnealble docks which block the littoral transport of sediment to adjacent shorelands, thus increasing their rate of recession ; the failure to observe proper drainage or land restoration practices, thereby causing run- off and the erosion and weakening of shorelands ; and , of structures in idea tifi ed floodh.vays J_aCi:7K _ _ soe base flood evel s increased . .7sing that �h damage in otherwise hazard-free areas. of wetlands and marsh area:: , with or withou related measures to prevent erosion, ha. s con- III-i2- tributed to both flooding ana erosion in the remium and Hommocks marshes. Strict adherence ' to Flood Damage Prevention regulations, Tidal wetland regulations and SEQR are necessary to prevent repeat of such problems. Although there are few large: undeveloped parcels in the coastal area. deve1opme ci _:ese Ua.rce ^'l - and =: n. .. could severely ayfec- d ai_ a,ze patterns if aD-prOrr12.te standards ?cr erosion control .and storm water run- off are not followed. Therefore the following additiena set forth. -•-�_ - IN ORDER REDUCEd vv�..�i_.l7 AND ;: kJ ) �1., THE VILLAGE AND TOWN ZONING G ORDINANCES SHALL BE AMENDED TO REQUIRE THAT DEVELOPMENT OF ANY LAND LARGER EITAN 10,000 SQUARE FEET SF- IL • BE SO DESIGNED AND CONSTRUCTED AS NOT TO INCREASE • THE RATE OF STORM WATER DISCHARGE BEYOND THE PROPERTY LINES ABOVE.THE RATE PREVAILING BEFORE DEVELOPMENT. THE COOPERATION OF UPSTREAM MUNIC- IPALITIES IN THE PINE BROOK-PREMIUM, EAST CREEK- HOMMMOCKS, AND SHELDRAKE DRAINAGE BASINS, AND OF APPROPRIATE COUNTY AND STATE AUTHORITIES, SHALL BE SOUGHT WITH A VIEW TO ADOPTION OF SIMILAR RESTRICTIONS ON STORM WATER DISCHARGE RATES IN THOSE JURISDICTIONS. Explanation of Policy: 1 . A principal cause of damage to property in the coastal area, as well as to ecological and wildlife esources especially in the Premium and Hammocks tidal wetlands, is flooding and erosion due to excessive rates of storm water discharge from built-up areas upstream. Although some engineering measures to reduce damage. frQI: tb.iS cause may .be possible and will be forth ar studied (see Policy . 12A) , legal and administrative steps must also be taken to prevent new develop- ments from increasing rates of runoff. This can be achieved by requiring construction of water retention devices and maximum retention of tree and ground cover, as well as by changes in zoning categories. 2. It is not enough to take such measures within the boundaries of the coastal sone. A substantial proportion of storm water runoff causing flooding, erosion and siltation in the coastal area originates beyond the jurisdiction of the two municipalities. In absence of drainage basin districts or other comparable administrative and legal entities to manage the shared drainage basins, voluntary co- operation to establish coordinated policies and programs for each drainage basin in the common inter est is the best available see Policy 12A. __1-13 POLICY 14B CONSTRUCTION OPERATIONS ON ANY L !:D LARGER THAN 10,000 SQUARE. FEET ACRE SLALI BE CON-- _ DUCTED IN ACCORDANCE WITH THE STANDARDS SET FORTH IN THE "BEST MANAGEMENT PRACTICES --CONSTRUCTION-R .;ATED ACTIVITIES" G:;IDLINES PUBLISHED m y 747 WESTOH7S77.P. C' T--.7 f*"T ,.'C = `......:....n. THE COOPERATION OF UPSTREAM MUNICIPATI7= AND OF APPROPRIATE COUNTY AND STATE AU'THRITIES WILL ALSO BE SOUGHT, AS If POLICY 14A, WITH A VIEW TO THEIR ADOPTION OF THE SAI E STANDARDS. Explanation of Policy: Large construction operations, often lasting many months or even years, are a leading cause of increased water runoff and associated erosion and siltation. They also tend to disrupt community life in other ways by creating noise„ pollution and traffic congestion. Some of these effects may be unavoidable, but they can be substantially reduced by high standards of management. The guidlines in the "Best Management Practices" publication propose such standards, which are hereby adopted as policy in the coastal area. As noted in the discussion of Policy 14A, the cooperation of upstream jurisdictions is essential since this phenomenon also transcends municipal boundaries in the drainage basins entering our coastal zone. POLICY 15 MINING, EXCAVATION OR DREDGING IN COASTAL J =RS SHAM, NOT SIGNIFICANTLY INTERFERE WITH TH "'.T"AL COASTAL PROCESSES WHICH SUPPLY BEACH MATERiALS TO LAND ADJACENT TO SUCH WATERS AND SHALL BE UNDERTAKEN IN A MANNER WHICH WILL NOT CAUSE AN INCREASE IN EROSION OF SUCH LAND. Explanation of Policy: There is little natural beach material in the coastal area which is supplied ' to the adjacent land via natural coastal processes. Mining, excavation and dredging should be done. so that both the natural and manmade shoreline are not • undermined and so that natural water movement is not changed in a manner that will increase erosion potential. (Also see Policies 13 and 35) POLICY 16 PUBLIC FUNDS SHALL ONLY BE USED FOR EROSION PRO- TECTION STRUCTURES WHERE NECESSARY TO PROTECT HUMAN LIFE, AND NEW DEVELOPMENT WHICH REQUIRES A LOCATION WITHIN OR ADJACENT TO AN EROSION HAZARD AREA TO BE ABLE TO FUNCTION OR EXISTING DEVELOPMENT: AND ONLY WHERE THE PUBLIC BENEFITS OUTWEIGH THE LONG TERM MONETARY AND OTHER COSTS INCLUDING THE POTENTIAL FOR INCREASING EROSION AND ADVERSE 'EFF ECTS ON NATURAL PROTECTIVE FEATURES. III-14 Explanation of Policy: _ The type of erosion--pro- _ tection facilities suggested by this policy are not required and do not exist in the Larchmont/ Mamaroneck coastal area. Therefore, the policy is not applicable. The policies related to sta- blization of stream banks to prevent erosion and siltaziot are dealt with elsewhere. (See Policies 13 and 33) POLICY 17 WHENEVER POSSIBLE, USE NON-STRUCTURAL MEASURES TO MINIMIZE DAMAGE TO NATURAL RESOURCES AND PROPERTY FROM FLOODING AND EROSION. SUCH MEASURES SHALL IN- CLUDE: (1 ) THE SETBACK OF BUILDINGS AND STRUCTURES: (2) THE PLANTING OF VEGETATION AND THE INSTALLATION OF SAND FENCING AND ISRAINAGE SYSTEMS ; (3)- THE RESHAPING OF BLUFFS; (4) THE FLOOD-PROOFING OF BUILDINGS OR THEIR ELEVATION ABOVE BASE FLOOD LEVEL. Explanation of Policy: This policy recognizes both the potential adverse impacts of flooding and erosion upon development and upon natural protection features: in the coastal area as well as the costs of protection against those hazards which structural -measures entail. This policy shall apply to the planning, siting and design of proposed activities and development, including measures to protect existing activities and de- velopment. To ascertain consistency with the • policy, it must be determined if any one, or a • combination of, ron-structural measures would afford the degree of protection appropriate both to the character and purpose of the activity or development, and to the hazard. If non-structural measures are determined to offer. sufficient pro- tection, then consistency with the policy would require the use of such measures, whenever possible. Application of the Flood Damage Prevention re- zulations,- Best ManagementPractices (pazticularly -paragraphs--) and SEQR procedures will be effective in many instances as preventive measures. It must be recognized, however, that in certain in- stances where damage has already occurred and must be corrected or where non-structural measures are not feasible, structural solutions Wi ll be required. III-1 GENERAL POLICY POLICY 18 TO SAFEGUARD THE VITAL ECONOMIC , SOCIAL AND EN- VIRONMENTAL INTERESTS OF THE STATE AND OF ITS CITIZENS, PROPOSED MAJOR ACTIONS IN THE COASTAL AREA MUST GIVE FULL CONSIDERATION TO THOSE IN- TERESTS, AND TO THE SAFEGUARDS WHICH THE STATE HAS. ESTABLISHED TO PROTECT VALUABLE COASTAL RE- SOURCE AREAS. Explanation of Policy: Proposed major actions may not be undertaken in the coastal area if they will significantly impair_ valuable coastal waters and resources, thus frustrating the achievement of the purposes of the safeguards which to State has established to protect those waters and resources. Proposed actions must take into account the social, economic and en- vironmental interests of the State and its citizens in such matters that would affect natural resources, water levels and flows, shoreline damage, and recreation. Review under the SEQR process will allow a weighing of the costs and benefits of such actions. PUBLIC ACCESS POLICIES POLICY 19 PROTECT, MAINTAIN, AND INCREASE THE LEVEL AND TYPES OF ACCESS TO PUBLIC WATER-RELATED REC- REATION RESOURCES AND FACILITIES SO THAT THESE RESOURCES AND FACILITIES MAY BE FULLY UTILIZED BY THE PUBLIC IN ACCORDANCE WITH REASONABLY ANTICIPATED PUBLIC RECREATION NEEDS AND PROTECTION OF HISTORIC AND NATURAL RESOURCES. IN PROVIDING SUCH ACCESS, PRIORITY SHALL BE GIVEN TO PUBLIC BEACHES, BOATING FACILITIES, FISHING AREAS AND WATERFRONT PARKS. Explanation of Policy: the Larchmont/Mamaroneck coastal area includes many water-related recreation resources to which the public has varying degrees of access depending on the nature of the facility , and its ownership, as discussed in Section II. Balance between the tvoe capacity, and intensity of use of a facility, and the protection of the resource itself and of the adjacent en- vironment, must be maintained if the quality of � these resources is to be preserved. In general the level ci access to , ana use oi, recreational resources appears consistent with current needs and with the ability of the facility or resource to- accommodate it. Future opportunities to increase access to active, III-1~ water-dependent recreation resources should be carefully considered only if the potential impact of increased traffic and intensity of use on adjacent neighborhoods can be mitigated and adverse effect on the water environment avoided. Retention and,if necessary, enhancement of access to existing. facilities is more likely and should be aver_ priority. POLICY 20 ACCESS TO THE PUBLICLY-O\ NED FORESHORE AND TO LANDS IMMEDIATELY ADJACENT TO THE FORESHORE OR THE WATER'S EDGE THAT ARE PUBLICLY OW/4ED SHALL BE PROVIDED, AND IT SHOULD BE PROVIDED IN A MAN- NER COMPATIBLE WITH ADJOINING USES. SUCH LANDS SHALL BE RETAINED IN PUBLIC OWNERSHIP. Exnla.nation of Policy: _ rive parcels of municipally owned land are located on tine foreshore - - the Premium and Hommocks Conservation Areas, ' and--Flint Park, Lorenzen Park, and Woodbine Park. In each case access is provided to the water' s edge for passive recreation activities. All such lands will be retained in public ownership and the ex- isting level of access will be maintained unless damage to fragile environmental features mandates temporary or permanent limitations on access. • 1=I-17 RECREATION POLICIES POLICY 21 WATER DEPENDENT AND WATER ENHANCED RECREATION WILL BE ENCOURAGED AND FACILITATED, AND WILL BE GIVEN PRIORITY OVER NON-WATER RELATED USES ALONG THE COAST, PROVIDED IT IS CONSISTENT WITH THE PRE- SERVATION AND ENHANCEMENT OF OTHER COASTAL RESOURCES AND TAKES INTO ACCOUNT DEMAND FOR SUCH FACILITIES. IN FACILITATING SUCH ACTIVITIES, PRIORITY SHALL BE GIVEN TO AREAS WHERE ACCESS TO THE RECREATION OP- PORTUNITIESOF THE COAST CAN BE PROVIDED BY NEW OR EXISTING PUBLIC TRANSPORTATION SERVICES AND TO THOSE AREAS WHERE THE USE OF THE SHORE IS SEVERELY RESTRICTED BY EXISTING DEVELOPMENT. Explanation of Policy: Water-related recreation includes such obviously water-dependent activities as boating, swimming, and fishing as well as certain activities which are enhanced by a coastal location and increase the general public ' s access to the coast such as pedestrian and bicycleirails_ picnic areas, scenic overlooks and passive recreation areas that take advantage of coastal scenery. Provided the development -of water-related recreation is consistent with the -preservation and enhancement of such important coastal resources as fish and wild- life habitats, aesthetically significant areas, and historic and cultural resources,. and 'provided demand exists, water-related recreation development is to be increased and such uses shall have a higher priority than water:enhanced recreation uses. Determining a priority among coastal-dependent uses will require a case-by-case analysis. The Larchmont/Mamaroneck shoreline features a broad range of water-dependent and water-enhanced recreation facilities. The developed nature of the shore in- hibits new opportunities for additional facilities. Therefore, the primary objective of the community is to preserve the extent and diversity of facilities, both public and private, that already exist while protecting against over-use and abuse. (See Policies 19 and 20 . ) In the event that any water- dependent recreational facilities are in danger of _ conversion to other use, the local governments---should--- give careful consideration to assuming ownersrz_n_or a share of ownership in order to maintain the facilities consistent with this policy and Policy 19. Recreation in the conservation areas should be confined to passive, non-intensive activities such III= 18 as bird watching, nature study, photography, etc . Swimming and boating on the Sound are to be encouraged, but not tom extent that will overtax the capacity of on-shore support facilities. Recreational lobstering and shell fishing will be enhanced if water quality is improved (See Policy 10A) . The baaance between use of the resource on the one hand, and on the other hand the enjoyment and safety of users and integrity of the environment., , must be ©nstantay monitored. For example, additional moorings for boats should be en- couraged if on-shore parking and access facilities are available and if the new moorings. will not inhibit safe navigation in the harbor. Although neither commercial marinas or boating facilities for the general public are available in the Larchmont/Mamaroneck coastal area, extensive facilities do exist in the adjacent Village of Mamaroneck and are available to residents of the • Town and Village. Lack of available land, limited access to the shore via residential streets and the existing residential land use pattern restrict the opportunities to encourage such facilities. POLICY 22 DEVELOPMENT, WHEN LOCATED ADJACENT TO THE SHORE, SHALL PROVIDE FOR WATER-RELATED RECREATION, AS A MULTIPLE USE, WHENEVER SUCH RECREATIONAL USE IS APPROPRIATE IN LIGHT OF REASONABLY ANTICIPATED DEMAND FOR SUCH ACTIVITIES AND THE PRIMARY PUR- POSE OF THE DEVELOPMENT. Explanation of Policy: Parks and nature preserves are the only waterfront development which could accomodate water-related recreation as a multiple use which are appropriate on the Larchmont/Mamaroneck shore. These uses already exist and so provide an appropriate level of recreational use. 'Therefore, this policy is not applicable. HISTORIC AND SCENIC RESOURCES POLICY 23 PROTECT AND RESTORE STRUCTURES, DISTRICTS•, AREAS OR SITES THAT ARE OF SIGNIFICANCE IN THE HISTORY, ARCHITECTURE, ARCHEOLOGY OR CULTURE OF THE STATE, ITS COMMUNITIES OR THE NATION. Explanation of Policy: Among the most valuable of the State' s manmade resources are those struc- tures or areas which are of historic , archeological, or cultural significance. The protection of these structures must involve a recognition of their im- portance by all agencies and the ability to identify III-19 and describe them. Protection must include con- cern not just with specific sites but with areas of significance, and with the area around specific sites. The policy is not to be construed as a passive man- date but must include effective_ efforts when approp- riate to restore or revitalize through adaptive reuse. While the program is concerned with the preservation of all such resources within the coastal boundary, it will actively promote the preservation of historic and cultural resources which have a coastal relation- ship. Among the structures, districts, areas or sites that may be of significance in terms of history, architecture, archeology or culture are the following: 1 . The Manor Park, including__the H-,rseshce c rbor Club. 2. The neighborhood south of Woodbine Avenue, including the Larchmont Yacht Club, Larchmont Shore Club and Fountain Square. 3. The Premium Mill Pond, dam Prr associated structures. 4. The Larchmont Reservoir and surrounding property, 5. The Winged Foot, Bonnie. Briar and Hampshire Golf Clubs. 6. The Quaker and Barker cemeteries. 7. The Manor House at the head of Prospect Avenue. 8. The Larchmont Public Llbrary, site of the original Samuel Palmer House. 9. The Indian rock shelter and rock face next to Pine Brook Park. All practicable means shall be taken to protect these structures, districts, areas or sites, including measures to prevent significant adverse change. This policy shall not be construed to prevent normal maintenance, actions necessary to remove a threat to the public welfare, health or safety. or rehabitation or restoration in accord with standards and design which do rot adversely impact the significant features of the structure, district or site. ��i-2J POLICY 24 PREVENT IMPAIRMENT OF SCENIC RESOURCES OF STATEWIDE SIGNIFICANCE, AS IDENTIFIED ON THE COASTAL AREA MAP. IMPAIRMENT SHALL INCLUDE: 1. THE IRREVERSIBLE MODIFICATION OF GEOLOGICAL FORMS, THE DESTRUCTION OR REMOVAL OF VEGETATION, THE DESTRUCTION OR REMOVAL OF STRUCTURES, WHEREVER THE GEOLOGIC FORMS, VEGETATION OR STRUCTURES ARE SIGNIFICANT TO THE SCENIC QUALITY OF AN IDENTIFIED RESOURCE: AND 2. THE ADDITION OF STRUCTURES WHICH BECAUSE OF SITING OR SCALE WILL REDUCE IDENTIFIED VIEWS OR WHICH BECAUSE OF SCALE, FORM, OR MATERIALS WILL DIMINISH THE SCENIC QUALITY OF AN IDEN- TIFIED RESOURCE. Explanation of Policy: No scenic resources of state- wide significance have been identified on the coastal area map. Therefore, this policy is not applicable. POLICY 25 PROTECT, RESTORE AND ENHANCE NATURAL AND MANMADE RE- SOURCES WHICH ARE NOT IDENTIFIED AS BEING OF STATEWIDE SIGNIFICANCE, BUT WHICH CONTRIBUTE TO THE SCENIC QUALITY OF THE COASTAL AREA. -Explanation of Policy: The Larchmont/Mamaroneck shoreline includes natural -and historic features which, in total comprise a diverse scenic resource of high quality. The pleasant blend of wetlands and marshes, landscaped parkland geological forms of exceptional interest and beauty and attractive, water- oriented homes and recreation facilities, is unusual in the urbanized New York metropolitan area. Given the general high visual quality of the shore- line environment, most efforts in regard to scenic quality should be directed towards protecting existing features. Features of particular..scenic quality on the shore include the Premium ardHommocks wetlands, Manor Park, the Larchmont Yacht Club, and the Larchmont Shore Club. Although not visible from the shore, the Larchmont Reservoir property, Fountain Square, Station Park, the Sheldrak e-Leatherstocking Conservation area and the three golf course properties all significantly contribute to the scenic quality of the entire coastal area and also merit protection. The following siting and development guidelines will be used when reviewing a proposed action that could affect scenic quality, recognizing that each develop- ment situation is unique and that the guidelibes will have to be applied accordingly. a. Siting structures and other development such as power lines, pump stations, and signs, back from the shoreline or in other inconspicuous locations to maintain the attractive quality of the shore- line and to retain views to and from tle-shore. b. Orienting structures to retain views, save open space and provide visual organization to develop- ment. c. Incorporating existing historic structures into the overall development scheme. d. Maintaining or restoring the original land form, except when changes screen unattractive elements and/or add appropriate interest. e. Maintaining or adding vegetation to provide interest, encourage the presence of wildlife, blend struc- tures into the site, and obscure unattractive elements, except when selective clearing removes • unsightly, diseased or hazardous vegetation and when selective clearing creates views of coastal waters. f. Using appropriate materials, in addition to veg- etation, to screen unattractive elements. g. Using appropriate scales, forms and materials to ensure that buildings and other structures are compatible with and add interest to the landscape. E of valuesandother this scenic , awes amenities ir. residential community is also lessened by noise. The sources of noise most often complained of by Larchmont- Mamaronefk residents are overflying aircraft, trucks on the New England Thruway, boat engines and municipal or commercial machinery commonly used in residential neighborhoods such as garbage compactors, public address systems, lawn mowers and leaf blowers. Standard noise limitations on all these sources are embodied in laws and regulations •at various governmental levels but are difficult to enforce. The first two categories just mentioned, moreover, are outside L.:cal juris- diction and can only be reached by appeal to higher 111-22 authority. Nevertheless, public demand for better noise control calls for more effective efforts. Therefore, the following policy is adopted: POLICY 25A TO LESSEN NOISE POLLUTION WHICH INTERFERES WITH ENJOYMENT OF SCENIC VALUES AND OTHER AMENTITIES IN THE COASTAL AREA, (A) STANDARDS GOVERNING PER- MITTED NOISE LEVELS FROM MACHINERY USED IN THE AREA WILL BE REVIEWED AND REVISED IF NECESSARY TO ASSURE ADEQUACY, AND ENFORCEMENT OF SUCH STANDARDS WILL BE GIVEN? HIGHER PRIORITY: AND (B) APPROPRIATE NOISE EMISSION STANDARDS WILL BE ADOPTED BY THE MUNICIPAL GOVERNMENT S TO APPLY TO OVERFLYING AIR- CRAFT AND HIGHWAY AND BOAT TRAC IN THE COASTAL AREA. AND VIOLATIONS OP SUCH STANDARDS, IF PER- SISTED IN, WILL BE PROSECUTED. POLICY 26 CONSERVE AND PROTECT AGRICULTURAL LANDS IN THE STATE'S COASTAL AREA. Explanation of Policy: This policy is not applicable since there are no agricultural lands within the coastal area. ENERGY AND ICE MANAGEMENT POLICIES POLICY 27 NOT INCLUDED IN THE LOCAL PROGRAM. POLICY 28 ICE MANAGEMENT PRACTICES SHALL NOT DAMAGE SIGNIFICANT FISH AND WILDLIFE AND FLOODING,THEIR HABITATS, INTERFERE WITH THE SHORELINE EROSION PRODUCTION OF HYDROELECTRIC POWER. Explanation of Policy: Prior to undertaking actions required for ice management, an assessment must be made of the potential effects of such actions upon fish and wildlife and their habitats, flood levels and damage, rates of shoreline erosion damage, and upon natural protective features. This policy is of • limited applicability to the Larchmont/Mamaroneck coastal area. POLICY 29 NOT INCLUDED. IN THE LOCAL PROGRAM WATER AND AIR RESOURCES POLICIES POLICY 30 MUNICIPAL, INDUSTR- COMMERCIAL AND RESIDENTIAL DISCHARGE OF -POLLUTANTS, INCLUDING BUT O T LIMITED TO, TOXIC AND HAZARDOUS SUBSTANCES, INTO COASTAL WATERS WILL CONFORM TO STATE AND NATIONAL WATER QUALITY STANDARDS. Explanation of Policy: Municipal, industrial, commerical ana resiaential discharges include not only "end-of-the-pipe" discharges- into surface 111-23 and groundwater but also plant site runoff, leaching, spillages, sludge and other waste disposal, and drainage from raw material storage sites. Also , the regulated industrial discharges are both those which directly empty into receiving coastal waters and those which pass through municipal treatment systems before reaching the State' s waterways. State and federal laws adequately govern pollutants iischarge into coastal waters. However, constant inspection and adequate monitoring of coastal waterways and vigorous regulatory and/or legal actions, are necessary to insure that violations are identified and the regulations are rigidly enforced. The municipal governments will take all necessary steps, both at the local level and in cooperation with higher levels of government, to apply existing monitoring and enforcement machinery and, where appropriate, to strengthen it.. Local citizen participation is to be encouraged brdh for education and enforcement purposes. POLICY 31 STATE COASTAL AREA POLICIES AND< PURPOSES OF APPROVED LOCAL WATERFRONT REVITALIZATION PROGRAMS WILL BE CONSIDERED WHILE REVIEWING COASTAL WATER CLASSIFICATIONS AND WHILE MODIFYING WATER QUALITY STANDARDS: HOWEVER, THOSE WATERS ALREADY OVERBURDENED WITH CONTAMINANTS WILL BE RECOGNIZED AS BEING A DEVELOPMENT CONSTRAINT. • Explanation of Policy: Pursuant to the Federal Clean Water Act of 1977 (PL 95-217) the State has classified its coastal and other waters in accordance with con- si derations of best usage in the interest of the public and has adopted water quality standards for each class of waters. These classifications and standards are reviewable at least every three years for possible revision or amendment. The saline waters of Long Island Sound and Larchmont Harbor are classified SA or SB, suitable for all uses (except human consumption of shellfish in SB) ; Premium Mill Pond is classified I , which excludes primary contact recreation as well as shellfishing. These classifications are consistent with proposed use except that actions which would enable the Premium Mill Pond to be reclassified SB should be considered. 1II-24 The only classified fresh waters are Tarchmont Reservoir and the Sheidrake River. The Upper Reservoir is classified as A, suitable for all uses, while the Lower Reservoir is classified C, suitable for uses other than consumption and primary contact recreation. Classification of the river itself is D, due to inter- mittent flow and inability to support propagation of fish. These classifications are consistent with proposed use. POLICY 32 ENCOURAGE THE USE OF ALTERNATIVE OR INNOVATIVE SANITARY WASTE SYSTEMS IN SMALL COMMUNITIES WHERE THE COSTS OF CONVENTIONAL FACILITIES ARE UNREASONABLY HIGH GIVENT THE SIZE OF THE EXISTING TAX BASE OF THESE COMMUNITIES. Explanation of Policy: Alternative systems include individual septic tanks and other subsurface disposal systems, dual systems, small systems serving clusters of households or commercial users, and pressure or vacuum sewers. These types of systems are often more cost effective in smaller less densely populated areas for which conventional facilities are too expensive_ Although the entire coastal area is located within public sanitary sewer districts, some homes are still served by on-site sewer systems. In some • cases, it may not be feasible to connect such homes to the existing sewer lines due to excessive • cost and the most effective alternate systems to prevent pollution will be encouraged. However, in many instances, connection to public sewer systems is feasible. Therefore, the following policy shall apply: POI;TCY :32A WHEREVER FEASIBLE, EXISTING ON-SITE SEWAGE DIS- POSAL SYSTEMS SHALL BE ELIMINATED AND REPLACED BY DIRECT CONNECTION TO THE PUBLIC SEWAGE DISPOSAL SYSTEM. 111-25 POLICY 33 BEST MANAGEMENT PRACTICES WILL BE USED TO ENSURE THE CONTROL OF STORMWATER RUNOFF AND COMBINED SEWER OVERFLOWS DRAINING INTO COASTAL WATERS. Explanation of Policy: Best management practices in- clude both structural and non-structural methods of preventing or mitigating pollution' caused by the discharge of stormwater runoff and combined sewer overflows. In some instances, structural approaches to controlling stormwater runoff (e.g. , construction of retention basins) and combined sewer overflows (e.g. , replacement of combined' systems with separate sanitary and stormwater collection systems) are not economically feasible. Non-structural approaches (e.g. , improved street cleaning, reduced use of road salt) will be encourage in such cases. The standards set forth in the "Best Management Practices - Con- struction Related Activities" , published by Westchester County will apply to all construction in the coastal area to control stormwater runoff. A principal factor contributing to both pollution and flooding in the coastal area is the connection of public and private storm water drains „many of which are illegal, to the public sanitary sewer system. The increased flow resulting from this practice in itself exceeds the capacity of the sewage treatment plant and leads to discharge of raw sewage into streets, basements, and coastal waters and the closing of beaches. during periods of heavy rain. The elimination and. -prevention of such conditions is an Y important objective of the community. Therefore, the following policy shall also apply. POLICY 33A TO ELIMATE DISCHARGE OF RAW SEWAGE INTO COASTAL WATERS AND RESIDENTIAL AREAS DURING STORMS, ALL CON- NECTIONS' WHICH CARRY STORMWATER RUNOFF INTO THE SANITARY SEWER SYSTEM SHALL BE PROHIBITED AND APPROPRIATE. ADMINISTRATIVE, LEGAL AND PHYSICAL ACTIONS SHALL BE TAKEN AS EXPEDITIOUSLY AS POSSIBLE TO REMOVE ALL SUCH CONNECTIONS. POLICY 34. DISCHARGE OF WASTE MATERIALS INTO COASTAL WATERS FROM VESSELS WILL BE LIMITED SO AS TO PROTECT SIGNIF- ICANT FISH AND WILDLIFE HABITATS, RECREATIONAL AREAS AND WATER SUPPLY AREAS. Ex-planation of soli car: Tie discharge of sewage, garbage, rubbish, and other solid and liquid materials from watercraft and marinas into the State' s waters is regulated by State law. Priority will be given to the enforcement of this Law in areas such as shellfish beds and ot:^er si znificant habitats and beaches which nee( protection from contamination by vessel TTT-26 wastes. Specific effluent standards for marine toilets have been promulgated by the Department of Environmental Conservation (6 NYCRR, Part 657) and shall be strictly enforced. POLICY 35 DREDGING AND DREDGE SPOIL DISPOSAL IN COASTAL WATERS WILL- BE UNDERTAKEN IN A MANNER THAT MEETS EXISTING STATE AND FEDERAL DREDGING PERMIT RE- QUIREMENTS, AND PROTECTS SIGNIFICANT FISH AYD WILDLIFE HABITATS, SCENIC RESflHRCES, NATURAL PRO- TECTIVE FEATURES,- IMPORTANT AGRICTJITRT Al T NDS, AND '- WETLANDS. Explanation of Policy: Dredging often proves to be essential for waterfront revitalization and develop- ment, maintaining navigation channels at sufficient depths, pollutant removal and meeting other coastal management needs. Such dredging projects, however, may adversely affect water quality, fish and wildlife habitats, wetlands and other important coastal resources. Often these adverse effects can be minimized through careful design and timing of the dredging operation and proper siting of the dredge spoil disposal site. Participation in a coordinated dredging program with other neighboring communities will foster more efficient use of equipment and financial resources as well as prevent conflicts. While such arrangements on an informal basis can and should be undertaken fairly quickly, long term solutions will require establishment of formal structure with appropriate authority, staff and funding sources. Dredging is also necessary, in some instances, to protect natural resources. Siltation and erosion in the Premium and Hommocks marshes are producing adverse results which hamper these areas from per- forming their natural functions. Dredging to restore these areas, in accord. with a thorough analysis of the procedures and impacts, is appropriate. Disposal of dredge spoils may also be used in these same areas, if environmental benefits are proven (such as the creation of new salt marshes) . POLICY 36 ACTIVITIES RELATED TO THE SHIPMENT AND STORAGE OF PETROLEUM AND OTHER HAZARDOUS MATERIALS WILL BE CONDUCTED IN A MANNER THAT WILL PREVENT OR AT LEAST MINIMIZE SPILLS INTO COASTAL WATERS; ALL PRACTICABLE EFFORTS WILL BE UNDERTAKEN TO EXPEDITE THE CLEANUP OF SUCH DISCHARGES ; AND RESTITUTION FOR DAMAGES WILL BE REQUIRED WHEN THESE SPILLS OCCUR. 111-27 m'xn1 ara.ti c,n of Poi i c7: This policy shall apply not only to commercial storage and distribution facilities but also to residential and other users of petroleum products: and radio-active and other toxic or hazardous materials. Spills, seepage or other accidents on or adjacent to coastal waters or which, by virtue of natural or man-made drainage facilities, eventually reach coastal waters are included under dais policy. POLICY 37 BEST MANAGMENT1�CTICES DISCHARGEEOFEEXCESS UTILIZED NUTRIENTS MIN- IMIZE THE NONP0 ORGANICS AND ERODED SOILS INTO COASTAL WATERS. Explanation of Policy: Best management practices used to reduce these sources of pollution could in- clude but are not limited to , encouraging organic farming and pest management principles, soil erosion control practices, and surface drainage control tech- niques. See also explanation of Policy 33. POLCIY 38 THE QUALITY AND QUANTITY OF SURFACE WATER AND GROUND- WATER SUPPLIES, WILL BE CONSERVED AND PROTECTED, PARTICULARLY WHERE SUCH WATER CONSTITUTE3 THE PRIMARY OR SOLE SOURCE OF WATER SUPPLY. Explanation of Policy: This policy is not applicable at this time since tnere are no surface or groundwater supplies used for drinking purposes in the coastal area. However, the Larchmont Reservoir may be placed in service for drinking purposes in case of a general water shortage. POLICY 39 THE TRANSPORT, STORAGE, TREATMENT ANDS DISPOSAL IOFIN F SOLID WASTES, PARTICULARLY COASTAL AREAS WILL BE CONDUCTED IN SUCH A MANNER AS TO PROTECT. GROUNDWATER AND SURFACE WATER SUPPLIES, SIGNIFICANT FISH AND WILDLIFE HABITATS,ND AND RECREATION AREAS,AREAS, IMPORTANT Explanation of Policy: The definitions of terms "solid wastes" and "solid wastes management facilities" are taken from New York' s Solid Waste Management Act olid (Environmental Conservation law, Article household wastes in this area consist primarily and retail-store garbage and refuse and demolition and construction debris. Uncontrolled and illegal dumping remains a problem in several locations, including the leaf disposal site at Flint Park. This latter facility is not a waterrelated use and its removal and relocation to a more appropriate site will eliminate a potential pollution source and make this site available for a suitable water- related recreational use. Federal and State raw provide a substantial base of regulation for waste disposal. The strict enforcement of these regulations is extremely important to protect the Fish and wildlife habitats of the coastal area, and will be given priority . - T'rT 00 POLICY 39A ALI PF CTICAL MEANS SHALL BE TAKEN TO ELIMINATE THE SOURCE AND ACCUMULATION OF LITTER IN THE COASTAL AREA. Explanation of Policy: Litter, which creates a •brronic aesthetic and health problem along streets and shoreline and in conservation and recreation areas is a pervasive problem. Some large items of floating litter (flotsam) , such as large containers, boards, etc. , also pose a danger to navigation in coastal waters. Part of this problem arises from inadequate contain- ment of. .household and commercial wastes awaiting municipal collection; but most of it is the result of careless discard of consumer items, usually containers or reading materials, by in- dividuals. An adequate community response-.to this problem must include more than the long- standing annual spring cleanup on "Beautification Day. " Municipal governments and concerned organ- izations will study the most effective litter control techniques to be found in comparable communities, including regular cleanup programs, . incentives, penalties, and education at all levels; and these techniques will be adopted locally and their effectiveness periodically monitored and reinforced as necessary to protect the scenic values, health and safety of the coastal area. POLICY 40 NOT INCLUDED IN LOCAL PROGRAM POLICY 41 NOT INCLUDED IN LOCAL PROGRAM POLICY 42 NOT' INCLUDED IN LOCAL PROGRAM. POLICY 43 NOT INCLUDED_ IN LOCAL PRO GRAM POLICY 44 PRESERVE AND PROTECT TIDAL AND FRESHWATER WETLANDS AND PRESERVE THE BENEFITS DERIVED FROM THESE AREAS. Explanation of Policy: Freshwater wetlands include marshes, swamps, bogs, and flats' supporting aquatic • and semi-aquatic vegetation and other wetlands so defined in the NYS Freshwater Wetiand§ ct ar.d the 7'S Protection of Waters Act. III-29 Tidal wetlands include the following ecological zones : coastal fresh marsh; intertidal marsh; coastal shoals, bars and flats ; littoral zone; high marsh or salt meadow; and formerly connected tidal wetlands. These tidal wetland areas are officially delineated on The Department of Environmental Conservation' s Tidal Wet- lands Inventory Map. The benefits derived from tLe preservation of tidal and freshwater wetlands include but are not limited to : a. habitat for wildlife and fish and contribution to associated aquatic food chains ; b. erosion, flood and storm control ; c. natural pollution treatment; d. groundwater protection ; e. recreational opportunities ; f. educational and scientific opportunities ; and g. aesthetic open space in developed areas. POLICY 44A PRESERVE WETLANDS FROM DEVELOPMENT AND POLLUTION AND ENCOURAGE WILDLIFE ACTIVITY THROUGH ENFORCEMENT_OF EXISTING STATE AND LOCAL REGUTA TIONS AND UN JJ R— TAKING MEASURES TO ELIMINATE POLLUTION SOURCES. Explanation of Policy: Existing state laws establish the basis for preservation of coastal resources but should be reinforced by appropriate local legislation. Specific pollution sources which have been iden tifiPci in The Inventory and Analysis must be included in a staged program of correction. Such action, par- ticularly in the Premium and Hommocks wetlands, should include restoration of the wetlands as well as measures to eliminate upstream sources of pollution, erosion and sedimentation. 111-30