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HomeMy WebLinkAbout1988_07_26 Coastal Zone Management Commission Minutes (2) FINAL Town of Mamaroneck Village of Larchm % ' RECEIVED OCT 21 1988 RK COASTAL ZONE MANAGEMENT COMMIS" N r -w Kx MINUTES .a A regular meeting of the Coastal Zone Management Commission (CZMC) was held on Tuesday, July, 26 1988 in Conference Room A of the Town Center, 740 West Boston Post Road, Mamaroneck, New York. The meeting commenced at 8:05 PM. Members Present: Robert S. Schoenberger, Chairman Bruce Allen Elinor Fredston Paul Kean C. Alan Mason Howard McMichael Shirley Tolley Phyllis Wittner Richard Young Others Present: Elaine Price, liaison, Town of Mamaroneck Council Cheryl Lewy, liaison, Village of Larchmont Board Wallace Irwin, Sound View News Steven Silverberg, Counsel, Town of Mamaroneck Zoning Cliff & Arlene Gibbs, 81 West Brookside Drive Barbara Cleary, Recording Secretary 4 Leatherstocking Lane - Mr. & Mrs. McKenna Mr. and Mrs. McKenna have requested permission to build an addition to their residence. Alan Mason inspected the property and recommended the proposed addition be approved. The Commission found no inconsistency and will write a letter stating their findings. Brookside Drive - Mr. & Mrs. Gibbs Mr. & Mrs. Gibbs have requested permission to construct a 15'4" x 22'8" deck on the Southwest side of the property which abuts the Sheldrake River. The deck will be constructed on piers. Mr. Schoenberger reported that Ms. Ng had inspected the property and said that the runoff would not be a problem. The Commission found no inconsistency with the LWRP and Mr. Schoenberger will direct a letter to the Zoning Board stating these findings. Rezoning Issues Mr. Steven Silverberg, attorney for the Town of Mamaroneck's Zoning Board addressed the Commission. His discussion imparted information on Zoning Board's function, responsibilities, and powers. Mr. Silverberg said that any correspondence addressed to the Zoning Board is public information, and Address Correspondence to C7M Commission, 740 West Bolton Post Road, Mamaroneck, NY 10543 (Phone 914-381-6133) CZMC minutes-7/26/88 nothing can be imparted informally. He also said that the Zoning Board is required to look at the specific statutory aspects of an application and also looks at the impacts or hardships facing the individual. Although the Zoning Board tries to uphold community standards, it must also take into consideration the practical dfficulty or hardships effecting the individual property owner. Mr. Silverberg discussed the difference between Type I and Type II actions noting that a Type I requires investigation of adverse environmental impacts. Mrs. Wittner expressed concern that the Zoning Board did not address the concerns of the CZMC. Ms. Wittner stated that she is concerned that the Zoning Board is not familiar with the LWRP and Mr. Schoenberger said the Zoning Board and Planning Board should be supplied with with an updated copy of the LWRP. Ms. Fredston suggested the CZMC meet with the Zoning Board to express the concerns of the Commission. Rock Ridge Road - Rezoning Mr. Silverberg reviewed the Rock Ridge Rd. rezoning issue. He explained the lots were originally zoned R-7.5 but were later changed to R-30 making every house on the street non-conforming and causing hardships for those property owners. Mr. Silverberg said that the R-30 offers no real benefits for the Town. Wallace Irwin explained that he had worked on the original legislation which recommended R-30 zoning. The intent was to protect the East Creek Area. The upzoning was enacted in order to forstall future development which would have an adverse effect on the Hommocks Critical Environmental Area. At the time of the writing of the legislation, Rock Ridge Road was included ® inadvertently and the draft was approved and enacted without correction . Mr. Irwin said it was not his intention to include Rock Ridge Road in the updated zoning. Dan Shuster also concurred saying it was never the intent to include Rock Ridge in the upzoning. Mr. Schoenberger and other Commission members are concerned with the possibility of homeowners getting together to combine their lots to make an additional building lot. Mr. Mason is concerned with the possibility of secondary development of that area. Elaine Price said the possibility of that is very small. Another concern expressed by Mrs. Wittner was the possible argument that it is spot zoning making it possible to argue for the development of the golf course. Ms. Fredston made a motion to obtain an accurate zoning map and tax assessment map and review it at future date. Premium Complex Copies of the final draft of the Premium Feasibility Study were distributed to the Commission Members. Ms. Wittner said 100 copies of the report will be delivered next week. She was pleased to report that the report came in on time and within the budget, she attributes this success to writing a very precise RFP. Her only recommendation for improvement was the use of block maps instead of the schematic maps that were used. Commission members are encouraged to review it. Mrs. Wittner recommends the CZMC prepare a cover letter. Mr. Schoenberger said the letter should state the major findings, the next steps to be taken, and the program of implementation suggested by the Commission. He further suggested that the letter be brief and concise. Ms. Wittner will draft a letter for the Commission to review. -2- CZMC minutes-7/26/88 Bay Constable Program Bruce Allen report that a Bay Constable Program is moving forward. The purpose of the Program is to protect and regulate the waterways which are within 1500 feet from the Larchmont shoreline. The authority of the Bay constable will also extend to streams, rivers and wetlands. Bruce Allen is scheduled to meet with the Village Board on August 15, 1988. New York State will pay approximately 3/4 of all costs of this program including boat, salaries and emergency equipment. The remaining costs might be financed by a decal system requiring all boats to be charge a fee per foot. The Police Department would be responsible for hiring, discipline and radio. Mr. Allen will be responsible for administration. Mr. Schoenberger suggested that Bruce Allen contact Howard McMichael to get his in put on the Bay Constable Program. Environmental Law Handbook Mrs. Tolley requested approval to purchase a copy of the Environmental Law Handbook for the Conservation Office. She discussed the importance of having the book available. The Commission approved the purchase. New or Other Business Approval of Minutes- The minutes were approved with corrections on page 2 and 4. Seminar on Tri-butal Tin (TBT) - A public seminar will be held on July 28 at the Westchester County Courthouse in White Plains at 1 PM. It is sponsored by New York State Conservation Department. New York Times Article - Polluted Sound Needs Action - of July 17, 1988 addressed the problems facing the Sound. Members are encouraged to read it. Conservation Advisory Commission - Contour Map of Bonnie Briar - The CAC is planning to do a Contour Map of the West Branch of the Sheldrake, in particuliar the Bonnie Briar Golf Club. They would welcome suggestions or recommendations concerning this project from the CZMC. Mr. Mason said it is very important for CZMC to know the water retention capabilities of this area and enthusiastically supports the idea. Hory Chevrolet- Mr. Young reported that the Zoning Board did not have to grant a variance based on present zoning. It was a split vote. Update LWRP- The Commission discussed the need for updating the LWRP. Mr. Schoenberger said the Commission would need the assistance of a professional. Mr. Mason said there is money available in the budget for consultants and request members to prepare a list of specialists that the Commission can draw from. Meeting adjourned 10:50 PM -3-