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HomeMy WebLinkAbout1984_12_11 Coastal Zone Management Commission Minutes 4 VILLAGE OF LARC -GI ONT T0,'JN OF MAMARONECK ,.:O' �q;\ COASTAL ZONE MANAGEMENT COMMITTEE MITTEE • a oo „ , rY ' tit PI N ',,. N.Yo eck ceuKoE3 15 r Larchmont, NY 10538 Mamaroneck, NY 10543 MINUTES of the Regular Meeting of the Committee, Fire Council Room, Iarchmont Municipal Building, December 11, 1984 Members present: Elinor Fredston Lawrence Lowy Wallace Irwin Jr. C . Alan Mason Mary Anne Johnson Elaine Price Arthur Katz Shirley S. Tolley James Killilea Leo Wilson Others present: Charles T. McCaffrey Jr. , N.Y. Department of State Paul R. Kean, Liaison Trustee, Larchmont Lawrence Lerman, Liaison Councilman, Town of Mam`k © Daniel Shuster, Consultant 1 . The meeting was called to order at 8: 10 p.m. , Mr. Irwin in the chair. The minutes of the meeting of October 30 were approved without change. 2. Draft LWRP: Remaining Sections. Mr. Shuster presented drafts of Section VI ( "Federal and State' Programs Likely to Affect Implementation") and IX ("Draft Environmental Impact statement --Generic") . Remaining to be drafted are Section VII (Consul- tation with affected Federal , State and other agencies) and VIII (Public Commitment) .Copies of Mr. Shu.lste'"' drafts of S?cti ons VT a T.??d 1.X are onfile with the Larchmont Village Clerk and the Town Administrator where interested members may consult or copy them as necessary. 3 . Draft LWRP: Comments from Albany. The chair reported that a 4-page memorandum by Mr. kc0affrey, dated r ovember 28, had been received, giving detailed comments on behalf of the Coastal Man_aement Staff of the Department of State on our October 2 draft LfRP . Accompanying this memorandum were a 2-page memorandum dated !November 14 from the Department of Environmental Conservation giving its comments, and an updated set of guidelines by Mr. McCaffrey for Policy 7 (wildlife habitats) . (Note: Copies of these documents are also on file with the Larchmont Village Clerk and the Town Administrator where interested members may consult or copy them as necessary. ) Since a delay in the mail had made it impossible to share these documents with members of the Committee , Mr. McCaffrey _ 2 - was invited to give the main points of his comments orally. ?,,.. Following are some highlights of his remarks, including several points which amplify comments in the Nov. 28 memorandum: --The memorandum begins: "You, the committee, and the village and town boards are to be commended on an excellent product. " The comments that follow call for additional information and changes in the manner of presentation but do not -affect the basic contents of the draft. --Boundary: Under State law, the Town of Mamaroneck boundary meets the Nassau County, L. I. boundary in the middle of Long Island Sound. The boundary should be looked up and, if necessary, steps should be taken to establish it precisely and show it on a map in the LnP. --TyIappin0* of conservation and wildlife areas, (Inventory, p. 7) : i The map should show the boundaries not only of the existing conservation areas but also of whatever wildlife habitats we propose to designate ( see below re Policies 7, 7A) . --Vessel waste discharge: (See Inventory, p. 17, and Policy 34) Action to enforce State law on this matter is an example of new regulatory action for which State funds may be available. --Wildlife habitats: (See Policies 7 and 7A; McCaffrey memo comments III-B,C , and D; and new State guidelines re Policy 7. ) The two marshes cannot qualify as wildlife habitats of statewide significance ; therefore Policy 7 is not applicable and all our pol , . icy material on this subject should appear as Policy 7A, dealing with locallyimportant habitats. It will not be necessary to do new research on this subject; what we already know will suffice; but we must follow the new guidelines accompanying the Nov. 28 memorandum. --Protection of wildlife from pollutants (Policy 8) . This is an example of a case in which the relevant provisions of local laws --whether existing or to be enacted--sho-ild be sub:'taatially included in the Explanation of Policy. Exact citation of such laws should then be included in Section V. Similar comments apply to Policy 14A , flood control, and 33, "best management practices" in construction work. (See McCaffrey comments II I ._ and T. ) --Pollutant discharf-es (Policy 30) : The statement of intent concerning pollution monitoring should be treated as an imple- menting action and dealt with in Section V, not here. 4. State financing; "consistency" ; amendi n� the LIRP. During the discussion P:?c ;affrey commented on several important aspects of the LIRP process, as follows: a. State financing: The State has substantial Federal funds avail- able to assist in implementation of L;iRPs, including aid to feasibility studies and other technical research. Authority to expend this money, however, will expire in Parch 1986 and the outlook for renewal of such authority is uncertain. There- fore , in order to leave time for working up eligible projects, it is important that our L:IRP drafting be done promptly. Mr. rcCaffrey suggested that the 60-day SE4RA review period for our revised L`,IRP ( see item 5 below) should begin not later than' May 1985. _ 3 _ b. "Consistency. " Although State agencies, under the consistency rule , are generally bound to conform to LJRPs , it is true that under Part 600 of the State Code of Regulations (as amended to reflect the waterfront Revitalization Act, Article 42, of 1981) each agency planning an action is, in the first instance , the judge of whether its proposed action is consistent with the L`. RP and, if not consistent, whether overriding reasons exist to act anyway. However, the Department of State is drafting new regulations giving the Secretary of State the power to assure consistency in disputed cases. But, Dir. McCaffrey empha- sized, for such regulations to be effective it is vital that LjRPs be written as clearly and specifically as possible. c . Amending L.VRPs. All changes in LsRPs once adopted, as well as changes in local implementing laws, must have State approval if they are to be accepted as State law. Procedures are being worked out by the Department of State to assure that this re- quirement will not become unduly burdensome. 5. Remaining L_-dRP timetable. Mr. McCaffrey outlined a suggested timetable approximately as follows: -- By the end of January 1985 the necessary revisions in Sections I through V, plus drafts of sections VI through IX, should be completed and submitted to Albany for review. This will begin a second and more extensive round of review and comment by State and Federal agencies, followed by whatever local revision the comments require. -- The second revision will be submitted to Albany probably some time in early spring. After three weeks for review and any necessary fine-tuning, the LWRP draft will be printed and distributed both locally and in Albany. At this point begins the formal 60-day review locally under SE1RA ; simultaneously, agency and State Dept. reviews will be conducted in Albany. This stage should be reached during May at the latest . After receiving the results of this last round of reviews, both local and State, Mr. McCaff:ey will meet with us to consider how to accommodate the comments received. Then the final document can be prepared including a Final Environmental Impact Statement. 6. Next steps. In the light of the above, it was agreed, on Dr. Lerman' s suggestion, that the Committee should seek the help of the Village and Town attorneys in citing existing local laws in the LIRP revision, and in deciding more precisely what additional legisla- tion will be necessary. Elaine Price offered to help with this work on the Town side. Meanwhile the two Co-Chairmen will consult with Committee members and with . r. Shuster on organizing the necessary revisions in the draft. 7. Public meeting. Note was taken of the success of the Public T.ieeting on the LWRP sponsored by the Committee on November 27, in which the discussion indicated broad public support for the LuRP drafting process. Favorable coverage of the meeting appeared in The ,"`` Daily Times. 8. Next meeting. The next regular meeting of the Committee was scheduled for Tuesday evening, January 11, 1985, at 8 p.m. in the Village Center. 9 . There being no further business , the meeting adjourned at 10: 35 p.m. ; allace Irwin Jr.