Loading...
HomeMy WebLinkAbout1988_02_23 Coastal Zone Management Commission Minutes (2) Town of Mamaroneck Village of Larchmpnt 4 40, ::'* - -- COASTAL ZONE MANAGEMENT COM♦ •4b' ` MINUTES A regular meeting of the Coastal Zone Management Commission (CZMC) was held on Tuesday, FEBRUARY 23, 1988, in Conference Room A of the Town Center, 740 West Boston Post Road, Mamaroneck, New York. The meeting commenced at 8:05 P.M. Members Present: Howard McMichael, Acting Chairman Bruce Allen Elinor Fredston Mary Anne Johnson Arthur Katz Dr. C. Alan Mason Shirley Tolley Phyllis Wittner Others Present: Stephen Altieri, Town Administrator Claudia Ng, Environmental Coordinator St. Clair Richard, Soundview News John Taylor, Malcolm-Pirnie, Inc. Geoffrey P. Young, Trustee, Village of Larchmont Frederick A. Lewis, Recording Secretary Administrative Matters Minutes - The minutes for the meeting of January 26, 1988, were approved without corrections. Next Meeting - The next meeting was scheduled for March 22, 1988. It was decided that inasmuch as the Commission meetings have already been scheduled for the fourth Tuesday of the month, hereinafter meetings will automatically fall each month on this day. If there is a necessity for changing the date, Ms. Ng is to be notified. Referrals Honnuocks Ice Rink Renovation and Addition - Mr. Alfieri advised that the project is officially being referred to the Commission as the construction site is in the 100-year flood plan and that it is automatically a Type I Action. He presented a set of specific preliminary drawings for review and outlined the improvement and construction plans for the site. Details on most of these plans are already covered in last month's minutes of January 26. Mr. Altieri advised that the existing water service will be replaced since they have had trouble with it (three breaks in the last 3 years) . A Address Correspondence to CZM Commission, 740 West Boston Post Road, Mamaroneck, NY 10543 (Phone 914-381-6133) CZMC Minutes - 2/23/88 sewer injector pump will be installed in the service building to pump sanitary sewage out to the sewer line at Hommocks Road. For draining the ice, they will tie into an existing 48 inch drain pipe which runs out to East Creek. Mr. Altieri explained about the trench drains and how the process of drainage will be slow since it is ice melting (from two to two and a half weeks) . Therefore the introduction into the East Creek will be gradual and not a severe impact. Mr. Altieri further advised that underneath the surface will be refrigerant piping which will carry the brine which wakes the ice. The ice water to be discharged will be clean since it never touches the brine itself. The building, the concrete pad, and the extensions to the existing service building will be put on 30-35 feet, 25 ton timber piles. A great deal of money was saved on the study of the piles by the use of the Rutledge students Soil Analyses when they did the Hommocks study. With regard to paving, interlaid bricking will replace a three foot wide asphalt path. Mr. Altieri explained that certain measures will have to be taken in conformance with law since the flood level is considered plus 14 for the 100-year storm and there are portions of the building which are plus 12 or plus 12.6. Therefore electrical outlets, motors, etc. , will have to be mounted at conforming level. The question was raised as to how much water is being referred to when the ice melts. Dr. Mason figured it out to be about 10,000 to 15,000 gallons. The dimensions for the new service building will be 78 feet in length and 60 feet long. Mr. Altieri indicated that they hope to start in March and have it finished by the next season. Tomczyk Additions - Mr. Leo Tomczyk of 46 East Brookside Drive provided a map of his property for review while he outlined his proposed construction and improvement plans. He stated that most of the additions will take place in the back of his home but there will be some addition along one side. He intends to widen his garage to make it accessible for two cars. The shoulder will be widened from three to four feet. The construction will primarily be in the back away from the stream. The house is located on one lot. The elevation is approximately 60 feet. Flood points reach about 60 feet. Mr. Tomczyk indicated that he has owned the property since 1987 and has not had a serious flood problem as yet. The Commission found no inconsistency problems with the application. Collins Bros. Moving Corp. - New Site Plan Application - Ms. Ng advised that the company has decided to build a truck maintenance facility at. the North Avenue Extension instead of a warehouse. This came about because the Village Boards were opposed to the proposed warehouse as it was larger than what was being allowed. She was asked to put their revised application back on the Commission's agenda to get their comments. However, the documents that they sent in regard to the stormwater drainage treatment system were the same as what they had submitted previously in November, which the Commission had already considered as being insufficient. Ms. Ng therefore suggested to the firm that they cancel the presentation to the Commission for this meeting and return first to the Planning Board. LWRP Projects Premium Feasibility Study - Mr. Jack Taylor, representing Malcolm-Pirnie, Inc. , presented an update report on the feasibility study. He indicated that they have completed three out of the four seasonal studies. They have begun -2- CZMC Minutes - 2/23/88 writing the first part of the feasibility study report. He provided the Commission with copies of the firm's revised project completion schedule and preliminary cost estimates for restoration projects. Mr. Taylor advised that the last seasonal sampling would be completed by late April or early May. He told the Commission that they were looking at a variety of alternatives, including the modification of the stone weir to help improve water influx. He also presented a photograph of the stone weir which showed the difference in the tide and water levels. Mr. Taylor also described a number of flood control measures which they were also looking at. He noted that there may be complications in restoration implementation since the millpond is partially owned by the surrounding homeowners. One suggested restoration project was to dredge up to the confluence of the Pine Brook and Premium River. Mr. Taylor stated that he was aware of two possible uses for the dredged material: (1) putting some of it into the millpond to build up the marsh, or (2) to give away as fill (possibly to New Jersey for construction of a new turnpike or to another community that is doing marsh restoration) . He also pointed out the probable use of a polyethelene curtain as a retaining wall in two areas. He did advise that a certain amount of maintenance would be required for the curtains to remove sediment build-up. It would also be subject to vandalism and damage by large objects, but would be better than a concrete structure since it can move with the tide. Mr. Taylor also provided the Commission with photographs of the retaining wall near Tony's Nursery, the culvert at the Post Road, and a pre-existing tide gate/discharge pipe at Lorenzen Park area (the photographs and other material distributed by Mr. Taylor are on file) . With regard to the cost estimate, Ms. Tolley questioned whether volunteer help could be of some assistance and Mr. Taylor suggested that they can do the planting work. Further discussion centered on the cost estimates, the causes of hydrological starvation, and the question on whether increased sedimentation is due to construction or natural causes. Mr. Taylor explained that the Premium Marsh was originally a freshwater-fed estuary. With development you get hydrological starvation and increased sedimentation. But it appears that these changes occurred quite drastically after the 1960s. Dr. Mason provided the Commission with a brief historical background on the reason why water flow is not being generated. He noted that the Larchmont Reservoir used to feed into Pine Brook. However, because of flooding on Pine Brook Boulevard, that outlet was closed off and all the water diverted to the west branch of the Sheldrake River. The dredging problem was again raised and Ms. Tolley questioned whether re-dredging would be necessary after a period of time. Mr. Taylor advised that it was possible. No one was able to say whether the Premium had been dredged previously. Mr. Taylor stated that a temporary earth dam will have to be placed at he head of the millpond to keep the tide out during dredging. He also noted that the spoils could be pumped onto a barge on the other side of Premium Point with no problem. Mr. Taylor stated that on March 11 we would begin to receive portions of the text for the final report. Harbor Security - Mr. Allen provided background information on the Bay Constable Program he was working on until September 30 when Fred Kellogg, Larchmont Village Engineer, turned down the proposal stating that the Village does not control the waters off its shores but that the Town does. Mr. Allen discussed the further with Mayor Curnin and Mr. Kellogg and since he heard nothing further from them, Mr. Allen sent a letter to Mayor Curnin on -3- CZMC Minutes - 2 23 88 I I November 30 outlining the proposed Bay Constable Program and requested an answer to the jurisdictional control of the waterfront. It was his understanding that the letter was read at a Village Board meeting and Mr. 1 Allen asked Mr. Young to verify this. Mr. Young stated the Board members received a copy of his letter. Mr. Allen continued stating that he was referred to Mr. Jim Staudt, Village Attorney, and about a week later, they met and discussed everything except the Bay Constable Proposal. Mr. Allen thereupon sent a letter to Mr. Staudt on February 18 with copies to the Mayor and Police Chief. However, it was not until today that the Village Clerk telephoned and asked him to pick up a letter from Mr. Staudt. He read the contents of the letter to the Commission (copy on file) which stated in part that the Village's corporate limits end at the seawall except for landing jurisdiction provided for in the New York Navigation Law, Section 46A. A photocopy of the law was enclosed with the letter. However, Mr. Allen advised that the copy of the law provided by Mr. Staudt has since been ` amended and further that the law provides provisions with regard to the Harbor Master. The letter also stated in part that Mr. Staudt did not know what jurisdiction the Town of Mamaroneck has in the waters. Mr. Allen thereupon questioned the next move he should make. Mr. Young stated that the could not speak for the other Board members but that he was in favor of the program. He also stated that he has not heard anyone speak against the program but that the matter was constantly being deferred to the Attorney and Engineer. The question of jurisdictional control and liability was discussed in length. Mr. Katz felt that the matter was of a legal nature in which case should be handled by the Village and Town Attorneys. Ms. Wittner suggested the possible use of a paralegal consultant but it was met with objection as it was felt that the Village Attorney should produce legal documentation to support the answer. Mr. Young volunteered to work with Mr. Allen on trying to clear up this jurisdictional question. He advised that he would discuss the matter with Mr. Staudt and if Mr. Staudt was not willing to pursue the matter, he would ask him for suggested followup steps to take. It was also suggested that the matter be referred to State Senator Oppenheimer but Mr. Allen stated that she had previously indicated that she did not want to get involved in a jurisdictional dispute between the Town and village. The Commission, however, were in agreement that they did not believe this was a jurisdictional dispute. Mr. Young stated that the question concerning the Village is do they have the right to put their police out in the water. Reference was made to the Village of Mamaroneck Constable Program and Mr. Allen advised that it was a State sponsored program under jurisdiction of the Village Police Chief. However, it was brought out that the Village owned the land under the water in the harbor. The discussion concluded with the understanding that Mr. Young would work with Mr. Allen and will discuss the jurisdictional matter with Mr. Staudt. Long Island Sound Study - Mr. Allen reported that there had been some decision-making difficulties with regard to Manor Park Beach. It was questionable whether the beach would open and if so, under what conditions. However, the decision has been made to open the beach and Mr. Allen will start his study from the beginning. He will be working with Mr. Hohberg, CAC's Water Monitoring Consultant, and youth volunteers. -4- CZMC Minutes - 2/23/88 New and Other Business MacLeay Houses - Ms. Wittner informed the Commission that she had received a letter from Mayor Curnin indicating that she sent a letter to Mayor Paduano of the City of New Rochelle reminding him that the oil leakage problems from the MacLeay Houses still exist and that this should be conveyed with the title. Master Plan Update - Ms. Wittner prompted the question of how the Commission should respond to the Joint Town-Village Master Plan Update - Phase 2, dated October, 1987, completed by Shuster Associates. The question was raised as to whether any meetings were held and Mr. Young advised that a joint presentation was held in the Town Center and that his Village Board have been receiving reports from various committees. A brief discussion was held on possible inputs and Ms. Wittner cited Tony's Nursery property which is being recommended for cluster zoning as an example. Mr. Katz questioned the time frame involved in the process but no one was sure. Mr. Young did advise that the Village Board has not moved on anything as yet. It was jointly suggested by Mr. Katz and Mr. McMichael that interested Commission members should get together with one person in charge to work on the updating input. Ms. Wittner and Ms. Tolley were named but Ms. Tolley advised that she already was working on a project. Ms. Wittner volunteered to work on the project but requested some assistance. She was asked by Mr. McMichael to coordinate submitted information and members who wished to get involved in this should communicate with her. Ms. Wittner agreed to do so. It was pointed out that while some members of the Commission received copies of the Master Plan Update, others had not including Ms. Ng. The report was mailed out by the Town Clerk. Hart Island - NYC Proposed Program - Ms. Wittner referred to a newspaper article from the Gannett Westchester newspaper, dated February 13, 1988, concerning the City of New York's proposal to put a prison facility on Hart Island and to build a sewage treatment plant. She questioned that inasmuch as the Commission opposed such a plant on David Island, should the Commission oppose this proposal as well in light of the studies taking place with regard to Long Island Sound and the impact such a plant would have on it. She felt that a letter protesting the proposal should be submitted by the Commission. It was, however, suggested that more information first be obtained on the City's proposals. After a brief discussion ensued on the proposals and possible sources of information, Mr. McMichael suggested that the matter be discussed with Mr. Schoenberger before taking any action. The Commission agreed and Ms. Ng was designated to bring the matter to his attention. Cambridge Court Development - Ms. Johnson advised that the Planning Board will finalize this development proposal on March 14. They have had a number of public hearings on it. Mr. Schoenberger had initially verbally recommended they require an oil separator for the catch basin collecting from the three houses before their drains are connected to the Nassau Road drain, but after consideration by the CZMC, had submitted a letter on December 23 , 1987 recommending tree plantings, collection of drain-off in pipes going directly to the Sound, and eventual installation of the proposed silt trap and oil collar at the outlet of East Creek into Little Harbor Sound. Ms. Johnson advised that she was asked to obtain information on oil separators for such a small housing development but was unable to come up with -5- -4111111 ., a CZMC Minutes - 2/23/88 anything. She further stated that Ms. Tolley had indicated that in the five house subdivision on Old White Plains Road in the Town, there will be three catch basins which will be built by the developer and dedicated to the Town. Ms. Johnson wondered whether it was reasonable to go back to the next meeting and say that the Commission would definitely like to see an oil separator for this relatively small subdivision. Various opinions were expressed but it appeared that the majority opinion was that at this point it would be unreasonable to demand this. Ms. Johnson mentioned that Mr. Hotiberg's report showed high concentrations of emulsified oil in this area and advised that she will check with the Department of Environmental Conservation's Oil Recovery Program to see whether the Town is conforming to its laws. She further expressed concern about the fast pace of development. Further discussion was held on the oil and runoff. Mr. Katz made the recommendation that they should create a policy which notes that a development as small as two to three private houses should not need to have provisions for oil. separation. The question of possible use of a consultant was also raised by Ms. Tolley as a means of finding a solution to the matter. In closing, Ms. Johnson suggested that the Commission should review new constructions as they are not conforming to laws. Mr. McMichael agreed and suggested that it be placed on the list of priorities for 1988. Midland Construction - During the course of the discussion on the Collins Bros. Application, Ms. Johnson brought up the point that the engineers designing the stormwater drainage treatment system for Collins Bros. are the same engineers that are currently doing the one for Midland Construction, Inc. She expressed concern about their work performance at this site and questioned whether it should be watched. The responsibility of the Building Inspector in such matters was briefly discussed and considering the problems that they are now seeing with this engineering company--Joseph F. Risoli, P.C. , it was agreed that the Building Inspector needed to focus more attention on such matters. Mr. McMichael thereupon suggested that the matter of improving inspection checks be included on the list of priorities for 1988. Leaf Composting - A brief discussion ensued on the leaf composting site. Mr. Altieri informed the Commission that the Town and Mamaroneck Village had retained Malcolm-Pirnie, Inc. , to study whether a site located along the Thruway at the intersection of Old White Plains Road and Rockridge Road was suitable for a leaf composting operation. This four acre site is currently owned by the Village of Mamaroneck. Unfortunately, the site was determined to be rather unsuitable. It can be made to work, but would be an expensive proposition. A tremendous amount of blasting would be involved and they are not certain whether the Department of Environmental Conservation would accept the site since it is within 500 feet of a residential area. Malcolm-Pirnie had halted the completion of the study in order not to waste any more of the study funds. Meeting adjourned at 10:05 P.M. -6-