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HomeMy WebLinkAbout1988_03_22 Coastal Zone Management Commission Minutes (2) Town of Mamaroneck Village of Larchmont ti R„E,,,E a � NAY � ,7 4 001988 COASTAL ZONE MANAGEMENT COM HISS t MINUTES IMO A regular meeting of the Coastal Zone Management Commission (CZMC) was held on Tuesday, MARCH 22, 1988, in the Town Center, 740 West Boston Post Road, Mamaroneck, New York. The meeting commenced at 8:00 P.M. Members Present: Robert S. Schoenberger, Chairman Bruce Allen Elinor Fredston Mary Anne Johnson Paul Kean Shirley Tolley Phillis Wittner Richard A. Young Others Present: Stephen V. Altieri, Town Administrator James G. Johnson, Jr. , Friends of the Reservoir Elizabeth Lehman, Friends of the Reservoir Bernard & Constance Livingston, Friends of Reservoir Ortwin Meyer, visitor Claudia Ng, Environmental Coordinator (& recorder) Elaine M. Price, Town Council liaison St. Clair Richard, Soundview News Arthur G. Tebbens, Larchmont Planning Commission • Cary Trachtman, Malcolm Pirnie, Inc. Carole Watrick, visitor Geoffrey Young, Larchmont Trustee liaison REFERRALS Gardens Lake Dredging Project - The Town Council has assumed lead agency status for this proposal and has designated it as a Type I Action pursuant to the local Environmental Quality Review Law. This proposal has also been submitted to the Town Planning Board for a Freshwater Wetlands and Water Courses Permit. Mr. Trachtman noted a few corrections in the Environmental Assessment Form: A-19: it is in a critical environmental area; B-2: spoils. will shrink to 5,600 cubic yards after drying, which will be the volume actually removed; Part 3, page 3: hours of operation will be 8 a.m. to 6 p.m. A lengthy discussion of the dredging work ensued. The lake would be drained and a channel established through it. After the top layer has dried, the surface would be scraped off and the remainder allowed to dry. After another couple of months, it would be dredged again. It was noted that the lake would be restored to its original depth of 4 feet, with some areas a little deeper (i.e. , near bridge) . Mr. Schoenberger stated that it would be wise to remove as much as possible to prolong the time before future dredging Address Correspondence to CZM Commission, 740 West Boston Post Road, Mamaroneck, NY 10543 (Phone 914-381-6133) CZMC Minutes - 3/22/88 is needed. However, Mr. Trachtman explained that the lengthy drying time was the limiting factor for removing more sediment. The trend for redredging the lake is about every 15 to 20 years. It would essentially be the same following this dredging unless an indepth analysis of sediment load contributions is conducted and mitigation measures implemented. Depth to water table was determined not to be a significant factor to the overall stability of the project. They hope to begin draining in April and start the first stage of dredging in June. Great concern was expressed over the proposed lowering of the Larchmont • Reservoir to assist the drying procedure. Mr. Trachtman explained that the Reservoir would be dropped 6 to 8 feet in April and again in September, which are the critical drying periods. In between these months, the Reservoir would be kept at 3 feet below spillway. Mr. Trachtman said that a 6 to 8 foot drop would expose approximately 10 to 15 feet of shoreline. 0rtwin Meyer noted that the residents surrounding the lake would be very upset about the lowering of the Reservoir since it would be aesthetically displeasing. Jim Johnson and Elizabeth Lehman noted that bass spawning and swan .and duck nesting occur from April through June. Significant lowering of the Reservoir at this time could, therefore, be detrimental to these wildlife populations. Although the Reservoir has been dropped other times, even as much as 12 feet when they needed to inspect cracks in the dam, it was only for a very short period. Holding waters on the East Branch of the Sheldrake River was offered as an alternative, but Mr. Trachtman indicated it would not be sufficient since the West Branch is the major contributor. Mr. Meyer suggested putting a pipe in place of the proposed channel through Gardens Lake to allow the hydrology to continue as normal. Mr. Trachtman felt that this would not be feasible, however, because it would complicate the series of trickle channels that would be made to help the spoils drain. Mr. Altieri observed that the Town had originally considered dredging it while wet, which would be much more messy, and would take only a month or so, but there was a great deal of local opposition to the plan (including CZMC) and the State DEC will not approve the spoils for dumping at the Hommocks, thereby making it necessary to-dry the material before transporting it over greater distances. Mr. Trachtman added that the Soil and Water Conservation District had reviewed the proposed project and commented that it is better to dredge it dry to prevent downstream siltation. Legal questions arose as to whether or not the Town or Village had the authority to lower the water level, to which Mr. Altieri replied that there is no formal agreement, but there is a general policy that 36" to 42" of lowering would be allowed normally, more only for major events, such as hurricanes. Mr. Johnson concurred that this level of adjustment of the water level is within the Village of Larchmont's rights; this had been determined by the Village of Larchmont when they were initially acquiring the property. Mr. Allen and Mr. Meyer noted that other water bodies upstream of Gardens Lake needed dredging, such as Dickerman's Pond, the Reservoir, and Carpenter's Pond, and if they were to be dredged in the future, then all the silt would be flushed right back down to Gardens Lake. Mr. Trachtman responded, stating that a silt trap installed at the bottom of the falls, just before the entrance to the pond, would help mitigate siltation from upstream disturbances. Mr. Schoenberger suggested advising the New Rochelle Waterfront Revitalization Committee since those water bodies upstream of Gardens Lake lie primarily in the City of New Rochelle. Mr. Johnson suggested taking advantage of the lowering of the Reservoir to do some improvements to the Reservoir as well, such as installing a catchment at the head of Sheldrake Lake and general clean up of the shores. Mr. Meyer noted -2- CZMC Minutes - 3/22/88 that there is a pre-existing valve near the dam of Gardens Lake, which could be fixed when the water is diverted to help regulate the water level. Constance Livingston, a Town resident and member of the Friends of the Reservoir, noted that the waterway which runs in front of her house has at times been low and during the summer it would be very smelly and full of mosquitos. The Commission gave its approval to the proposed dredging project following two conditions: (1) that the Town investigate the idea of repairing the valve and (2) that the Town consult with the Friends of the Reservoir and the Larchmont Reservoir Committee before finalizing and proceeding. Mrs. Johnson and Mrs. Tolley expressed that the balancing of the needs of the aquatic community of the Reservoir should also be a condition to CZMC's consistency comments. Mrs. Tolley volunteered to draft the letter for circulation to the members and all comments are to be phoned in to the Chairman, who would then write the final draft. In regard to disposal, Mr. Altieri stated that the dredging project will begin as scheduled regardless of whether or not a disposal site has been identified. The state has labeled the spoils as "industrial waste, " but that does not preclude it from deposition at an "approved landfill. " Mrs. Johnson informed the Commission that she had spoken to Mr. P. Mehta, from DEC's Solid and Hazardous Waste Division, who told her that the semi-volatile compounds found in the spoils would not be harmful to children if it were to be placed on Honmrocks field, but it is harmful to fish and wildlife. Mrs. Johnson mentioned that she also spoke with Jack Taylor, from Malcolm Pirnie, who noted a new law on construction and demolition debris which might apply. Ms. Price commended the CZMC for their thoroughness in questioning the proposed project. Cambridge Court - Mrs. Johnson reported that she and Mrs. Fredston had attended the Village Planning Commission meeting and that the Planning Commission approved the subdivision, despite opposition to the blasting that would be necessary. The Commission only required that the contractor inspect all the houses within 300 feet of the blasting for insurance purposes. LWRP PROJECTS Harbor Security - Mr. Allen informed the Commission that he had received a copy of a letter, dated February 29, 1988, that was sent by Fred Kellogg, Village Engineer, to Jim Staudt, Village Attorney, which provided documentation to the assertion that jursidiction of the waters off the coast of Larchmont, beyond the mean high tide line, does indeed belong to the Town of Mamaroneck. Mr. Allen wrote to Mr. Staudt on March 7, acknowledging the need to rectify the present policing situation before proceeding with the Bay Constable Program. Mr. Young indicated that the Village Board of Trustees have written a letter to Mr. Allen concerning the proposed program and that he would be receiving it shortly. The Village Clerk has a map on file indicating the Village's boundaries. The Town will have to do the research for any further information. Premium Feasibility Study - Mrs. Wittner raised the issue of holding a public hearing on the feasibility study before the report is finalized. Mr. Schoenberger and Mrs. Wittner will discuss such an arrangement with the proper officials of the Village and Town. -3- CZMC Minutes - 3/22/88 LEGAL MATTERS SEQR Revisions - Mrs. Tolley reported that she, Larry Lowy, Paul Kean, and Claudia Ng had met on March 14 to revise the Type I and Type II lists of the Town's and Village's Environmental Quality Review Laws. Mrs. Tolley will meet with Ms. Ng to revise the other sections of the laws and then bring it to the CZMC for their comments. Mr. Schoenberger reported that he had received a letter from Mayor Curnin questioning Ms. Ng's comment that the Village of Larchmont was not fully implementing SEQR. Ms. Ng explained that the chairmans of the Village Planning Commission and Zoning Board were not formally determining the action type of the applications before them. MASTER PLAN UPDATE Mrs. Wittner had prepared a 4-page summary of the Town of Mamaroneck -Village of Larchmont's Master Plan Update: Phase 2, dated October 1987, which was mailed to the Commission members. Some CZMC members mentioned that they had not received a copy of either phases of the Master Plan Update. Ms. Price indicated that originally some Coastal Zone Management Committee members were involved with the Joint Planning Commission when they were beginning the Update, but apparently later communications fell through. The public hearing on this has already been held and some policies already approved. However, the plans as a whole have not yet been passed by the Town and Village Boards. Ms. Price has instructed the Town Clerk to make sure that each CZMC member has received a copy of both Phase 1 and Phase 2 reports. Mr. Young will check to see if the Village has sent a communication to CZMC for their comments. Ms. Price also mentioned that Dan Shuster, the • consultant, will soon have a separate report ready regarding zoning of open space. She will ask him to appear before CZMC next month to help answer any of our questions. • ORGANIZATIONAL MATTERS Circulation of Copies - The Chairman stated that all letters and memorandums written by any member on behalf of the Commission should be submitted to the office for the files and copies sent to all other members. Ms. Ng said that she would have the copies made and distributed via the monthly mailings. Mr. Schoenberger requested that additional mailings be made if the subject matter had time considerations. 1988 Priorities - The Chairman briefly went over the first five recommendations listed in their annual report. Item 1, "Action against sewage pollution," is being currently worked on by the municipalities. Item 2, "Flood control in the Sheldrake and Pine Brook-Premium areas, " is ongoing. Item 3, "Silt and trash traps; catch basin improvements," requires the Commission to keep presure on the municipalities to install them. In this regard, Mrs. Johnson noted that Boston Post Road is a state road and that maintenance of catchment placed there may be state responsibility. Item 4, "Adoption of Erosion and Sediment Control Laws," and item 5 , "Rehabilitation of East Creek," needs attention by the Commission to advise the municipalities. Mrs. Johnson informed the Commission that she and others are working on getting easements for parts of the Sheldrake River. She also mentioned that the Village of Larchmont needed to be made aware of Robert -4- CZMC Minutes - 3/22/88 Hohberg's water quality reports. Others mentioned the need to get the Bonnie Briar study prepared in case of future development and that the Griffen/- Winston property in Scarsdale was also in danger of development. The desireability of coordinating with the Conservation Advisory Commission (CAC) was raised. Mr. Schoenberger will call Robert Komitor, the CAC chairman, to arrange a joint meeting. Mr. Schoenberger asked Mrs. Fredston to broach the subject to CAC in case he was not able to get a hold of Mr. Komitor. Mrs. Johnson added that an inventory of critical areas was needed to protect them from future developments and that this could be done in cooperation with CAC. Ms. Price underscored the importance of CZMC's input to Town and Village decisions. NEW OR OTHER BUSINESS Parking and Housing - The Chairman mentioned that he received a memorandum from the Village of Larchmont notifying him of a parking and housing referendum to be held in the near future. This will be discussed at a meeting when information is available. Hart Island - Mr. Schoenberger will send a letter to the authorities of Hart Island, who are considering the building of a prison there, to make them aware of CZMC's concerns about the potential impacts of additional sewage load on Long Island Sound, similar to that of the Davids Island proposal. Dumping Law - Ms. Price explained that the recently passed dumping law deals with deliberate disposal of quantities of garbage or rubbish in public places, while the litter law refers to general scattering and is aimed toward businesses that untidily disperse their items. Flood Damage Prevention Law - The Town Council will be holding a public hearing on the proposed revisions to the local Flood Damage Prevention Law on April 20. Ms. Ng passed out a draft copy of the revised law to Mrs. Tolley, Dr: Mason, and Mrs. Johnson. Mrs. Tolley and Dr. Mason were delegated to represent the CZMC at the hearing. Davids Island - It was reported that a supplemental D.E.I.S. for the proposed bridge along with the comments of Gary Kassof of the U.S. Coast Guard will be submitted at the end of the month. A public hearing will be held shortly thereafter. Long Island Sound Ceremony - A ceremony designating the Long Island Sound Study as part of the Environmental Protection Agency's National Estuary Program will be held on March 28, 1988 at 1:30 p.m. at the Merchant Marine Academy in Kings Point, New York. Several Commission members noted that they will be attending. Bird Walk - The two-and-a-half hour bird walk on March 19 at the Premium went very well, Mrs. Johnson reported. Twenty-five people attended this tour led by David Kuntsler, from the New York City Parks Department at Pelham Bay. Huckleberry Island - It was mentioned that the Nature Conservancy may buy Huckleberry Island in order to better protect it as a bird sanctuary. The meeting was adjourned. -5-