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HomeMy WebLinkAbout1987_06_23 Coastal Zone Management Commission Minutes (2) L9l Ip 4 . � RAC Town of Mamaroneck Village of Marc opt h. 4 •94 L �Armu 4A4I � r- COASTAL ZONE MANAGEMENT COMMI 9 MINUTES A regular meeting of the Coastal Zone Management Commission (CZMC) was held on Tuesday, June 23, 1987, at the Town Center, 740 West Boston Post Road, Mamaroneck, N.Y. The meeting commenced at 8:05 P.M. Members present: Lawrence Lowy, Acting Chairman Wallace Irwin, Jr. Mary Anne Johnson Arthur Katz C. Alan Mason Howard McMichael, Jr. Phyllis Wittner Others present: Charles Bernstein, Conservation Advisory Commission Robert Hohberg, Water Monitoring Consultant Geoffrey Young, liaison, Larchmont trustee Claudia Ng, Environmental Assistant Maria Mora, Recording Secretary Monitoring of East Creek Mr. Hohberg, a past Conservation Advisory Commission (CAC) member who conducts water quality tests for the CAC and others, was invited to brief the Commission on his plans for renewed monitoring of East Creek in view of the recent designation of the above ground portion as a Critical Environmental Area and the potential for pollution from new and existing development and commercial activity in the area. Mr. Hohberg recalled his detailed monitoring report on the creek, made in 1984 for the CAC; he felt that this report would provide a good data base for renewed monitoring. It had shown substantial pollution from sewage as well as oil pollution. It was agreed that Mr. Hohberg, in implementation of LWRP Policy 30, would study oil and coliform pollution in East Creek as an updating of his 1984 study; and would give special attention to the open section of the creek, including all new or existing outfall pipes installed along its banks; and would include the CZMC in distribution of his report. Asked when he can schedule the study, Mr. Hohberg pointed out that he has a heavy monitoring schedule, one priority purpose being to finish compiling base data for all waterways in the trimunicpal area. However, he will try to give priority to the East Creek study with a view to completing a report before the end of 1987. Address Correspondence to C7M Commission, 740 West Boston Post Road, Mamaroneck, NY 10543 (Phone 914-38141133) CZMC minutes - 6/23/87 Premium Feasibility Study Update - Mrs. Wittner reported that the contract for this study was prepared by Malcolm Pirnie, Inc. as requested on May 27th (reminder: CZMC approval given 5/26 p.m. meeting). Revisions were then suggested on behalf of the CZMC and the Town/Village. Although the contract was not in its final form for inclusion in the Town and Village of Larchmont Board members' pre-meeting packets, both the Village Board (on June 1) and Town Council (June 3) approved the intent of the contract based on the proposal submitted by Malcolm Pirnie. The contract was forwarded to the Department of State on June 4. Mrs. Wittner and Mrs. Johnson met with Syrette Dym, New Rochelle Deputy Commissioner of Development, on June 2. They reviewed the Premium Study topic to date and reiterated the importance and need for cooperation. Documentation of this discussion was sent to Ms. Dym (c.c. John Heller) on June 11. It was agreed that Ms. Dym would be notified should there be a need to be on homeowner's property during the study. Regarding New Rochelle's LWRP, same has been tabled until the required Citizen's Committee has been formed which is required by Albany. Mrs. Wittner and Mrs. Johnson met with the Project Leader for Malcolm Pirnie, Jack Taylor, on the 12th of June. He has a very good understanding of the overall project. He prepared a draft statement to be used to inform homeowners of what is and will be going on in the area, since he did not think specific approval would be necessary. Work will begin mid-July and continue for one year. It was agreed that notices should be sent to property owners residing near the study area in New Rochelle and those adjacent to the CEA in the Town and Village with the CEA Information Sheet previously prepared and approved by both the CZMC and CAC. Significant Coastal Fish and Wildlife Habitat Designation - Mrs. Wittner stated that she is working on compiling data in order to obtain this designation for the entire Premium River-Pine Brook Wetlands Complex. Selection by DOS is accomplished thru a complicated rating system based on specific criteria and also involves the DEC. A Bird List for the Premium is being compiled as well. Tony's Nursery Wall - It was noted that Tony's Nursery wall along the bank of Pine Brook has fallen down. It was mentioned that boulders and soil have been left in the river, although the fallen railroad ties have been placed back in the wall. Many members of the CZMC wondered if a summons could be issued to the Nursery owner. They discussed various options, including influencing clean-up and future prevention of disaster. Mr. Irwin and Mrs. Johnson were designated to draft a letter to the Village Board noting the Commission's concern over this damage to an area (Pine Brook) which the Village has designated as a CEA, and urging prompt corrective action. CEA Information Sheet Mrs. Wittner distributed for comment her draft of an information sheet on the Pine Brook-Premium, CEA area, designed to develop nearby resident's knowledge and support for the LWRP objectives in that area. She suggested CZMC minutes - 6/23/87 that such a paper be sent out by the Commission to people living in or near the two adjoining CEAs and in adjacent parts of New Rochelle at the beginning of the Premium Study. It should also be used by the Building and Conservation Offices as an Information document and "An Information Sheet for the Critical Environmental Area (CEA) known as the Premium-River Pine Brook Wetlands Complex". This was agreed to. There was general support and commendation by Commission members for this project. Mrs. Johnson mentioned that she is thinking about doing a similar paper for the Sheldrake-Leatherstocking CEA, perhaps with the help of Irma Volk. Mr. Lowy agreed and suggested that they start on it right away. Dredging of Gardens Lake and Proposed Disposal at Hommocks Field Ms. Ng reported on the status of the dredging study and recommendations written for the Town by Malcolm Pirnie, Inc. She stated that at the June 22 Town Board meeting Mr. Trachtman had explained the alternative methods of dredging and the report's recommendations on this and on the placement of the dredged material in excavations in the Hommocks athletic field. She reported that the dragline dredging without dewatering the lake would remove 6,000 cubic yards at an estimated cost of $18,000 - $24,000. She reported that the Town Board accepted the report and authorized Mr. Trachtman to work with Mr. Altieri. In discussion, Mr. McMichael suggested that alternative disposal methods be explored including disposal in designated disposal areas in Long Island O Sound. Mr. Irwin pointed out that the LWRP contemplates this method (Sect. IV-B, Project 9). It was pointed out by Ms. Ng and others that the future cost of controlling siltation into Gardens Lake can be reduced by installation and proper maintenance of catch basins upstream - a project included in the LWRP (Part IV-B, Project 6). Fenbrook Subdivision/Cohenca Application Ms. Ng reported that the Cohenca applicants had their public hearing before the Planning Board on June 10, 1987. The Planning Board had decided to reject the CZMC's finding of inconsistency and approved the granting of a permit under the Freshwater Wetlands law. Mr. Irwin commented that this is the first time that a consistency opinion of a commission has been rejected. Dr. Mason observed that there is a restriction in the deed for the entire Fenbrook Subdivision, forbidding buyers of individual lots to build within 20 feet of the Sheldrake stream bank, which is a designated freshwater wetland. He urged that the Commission insist that this prohibition be maintained. He believed the issue could still be addressed by the Planning Board when the applicants return for site plan review. It was stated that the Cohenca property was built before the revised freshwater wetland law was passed and that is why no permit under that law had been required for it. Ms. Ng added that building permits have been issued without having to go to the Planning Board, but Mr. Jakubowski, the Building Inspector, has stated that he will not continue issuing permits until the attorney renders a decision as to how he ought to proceed. Ms. Ng felt that a policy must be estabished for handling any subsequent development O in this subdivision, which the Planning Board is planning to do at their next meeting. -3- CZMC minutes - 7/23/87 Ms. Ng read a letter from the building inspector addressed to the Chairman asking CZMC to review the need for another application in the this area, this one regarding the construction of an open deck, to undergo the Freshwater Wetlands and Water Courses permit process. Following a discussion of the impacts of open decks on waterways in general, the Commission believed that such applications should be undergo the permit process for the time being. Ms. Ng reported that she spoke to Mr. Peterson of Soil & Water Conservation District who said that they had reviewed the Fenbrook Subdivision at the time of its application and will send us a copy of its comments. In addition, she noted that she and Mrs. Johnson were drafting a letter to the Planning Board for the Conservation Advisory Commission on this issue. Annual Report Mr. Irwin had drafted a one-page outline for the Commission's first annual report and asked that Ms. Ng circulate it to the CZMC for comment. He suggested that the time frame covered should be from September to September and that the report be submitted not later than early December. Other Business 1. Minutes - the minutes of March 10, March 24, April 28, and May 26, 1987, were approved after some corrections were made. 2. Harbor Security - Mr. Irwin reported for Mr. Allen that the Larchmont Yacht Club has given a negative reaction to the Bay Constable proposal. Mr. McMichael reported that he had spoken to some of the members of the Yacht Club and confirmed that he had found no enthusiasm for the idea. No further discussion was held in view of Mr. Allen's absence. 3. Flood Damage Prevention Revisions - Mr. Lowy and Mr. Irwin reviewed the flood damage prevention revisions. Ms. Ng reported that the Village of Larchmont has already made their revisions. Mr. Lowy stated that more has been left in the hands of the municipal engineer. 4. Kerr Killelea - It was discussed whether it is appropriate to put in shrubs that might block the view of shore of a neighbor. 5. Next Meeting - The next meetings are as follows: July 28, August 25, September 22. 6. Coastal Erosion Hazard Areas Program - Mrs. Johnson reported that they received a letter in reply to CZMC's letter requesting an addition to the designated hazard areas and regarding the effect of the impending program on the application to install a pool on Ocean Avenue which would be within the zone if it were to be extended. �.. There being no further business, the meeting was adjourned at 10:30 P.M. -4-