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HomeMy WebLinkAbout1987_05_26 Coastal Zone Management Commission Minutes (2) 10 Pp* w% Town of Mamaroneck Village of LarchInorRECEIVED T AUG 21 1987 PATRICIA A.DiCIOCCIO MAMARONECK I � N.Y. 1�1' COASTAL ZONE MANAGEMENT COMMISSION MINUTES A regular meeting of the Coastal Zone Management Commission (CZMC) was held on Tuesday, May 26, 1987, at the Town Center, 740 West Boston Post Road, Mamaroneck, New York. The meeting commenced at 8 :00 P.M. Members present: Robert Schoenberger, Chairman Bruce Allen Elinor Fredston Wallace Irwin, Jr. Mary Anne Johnson Lawrence Lowy C. Alan Mason Shirley Tolley Phyllis Wittner Others present: Geoffrey Young, liaison, Larchmont Village Trustee Claudia Ng, Environmental Assistant Maria Mora, Recording Secretary Approval of Minutes The approval of minutes was tabled to the next meeting. LWRP Projects Premium Feasibility Study - During the meeting of April 28th, it was agreed that the RFPs ("Request for Proposal") with a return dead- line of May 15 should be sent out, which Ms. Ng did. Three proposals were submitted: by Robert Hohberg, Malcolm Pirnie, Inc. , and Phillips, Fanning, and Molnar. The Commission chose the proposal by Malcolm Pirnie, Inc. , even though its proposed costs were overbudget. Jack Taylor would be the Project Leader with Gary Trachtman as the engineering specialist. This plan will fulfill the objectives of the Commission. It covers: (1) the rate of settlement on water depth, (2) the stream flow, and (3) the tidal flow. This proposal will cost about $30,000; $25,000 will come from the State and $5 ,000 from the Town and Village. The Town will pay for it, but the Village will reimburse them. Mrs. Johnson noted that part of the problem is that the proposal has to go through the Village Board, then the Town Board, and then back to the State for approval. It was suggested that there be a contract which would clarify Town/Village cash and in-kind service contributions. Steve Altieri, the Town Administrator will draw up a contract with Malcolm Pirnie, Inc. , and submit it to the Address Correspondence to C7M Commission, 740 West Boston Post Road, Mamaroneck, NY 10543 (Phone 914-381-6133) CZMC minutes - 5/26/87 Town Council and the Village Board. (RFP and acceptance reply to be appended. ) In further discussion concerning New Rochelle' s cooperation with this study, it was pointed out that New Rochelle never agreed to contribute either time or money. Mrs. Johnson and Mrs. Wittner will meet with John Heller, the New Rochelle Commissioner of Development to discuss the proposal and bring him up-to-date. It was suggested that the siltation from upstream sources should be included in the study. Also, that ten locations were proposed for sampling. These areas will be used to conduct studies to arrive at a set of conditions that will establish a base-line for future monitoring. They will measure the rate of settlement on a quarterly (seasonal) -basis based on the location of the storm or the water discharge. The specific dates were left open until further information is received. Mr. Schoenberger suggested that someone find out if the contract stipulates actual readings for a particular period plus storms within a certain time-frame. Mrs. Tolley stated that she wanted the following provisions of the proposal to be read in the record: (1) there must be a complete answer to the original proposal, (2) there is to be no extra monies involved, (3) there is to be some kind of penalty if it isn't on time, (4) it should define the boundaries of this study, (5) it should clarify bank stabilization, (6) it should include structural specifications, and (7) it should include spring readings. It was suggested that Ms. Ng find out how many final copies and interim reports the State requires. Mrs. Wittner reported that New Rochelle has finished its Local Waterfront Revitalization Program, but exactly how much can be reviewed is not known. Referrals Fenbrook Subdivision/Cohenca Application - Mrs. Tolley recounted the case with respect to the Cohenca application. Upon reading through the resolution, she commented that she was concerned about the stream velocity increase as a result of the upstream lots. She stated that she, Dr. Mason, Mrs. Wittner, and Mrs. Johnson went to look at the Cohenca property. She reported that she found out a number of things as she followed the stream in the Fenbrook Subdivision. First, that as the stream approaches the Cohenca property it turns into a wetland. Second, a building is beginning to be built in this wetland. It was reported that the resolution had a deed restriction prohibiting construction within 20 feet of the top of the bank. This means that the Cohenca application is in violation of the deed. Another problem that was brought up is that the final subdivision map is not accurate. The way the map depicts the flow of the stream is inaccurate. Mr. Hoffman wrote a memo giving his opinion that some of these plots should have been subjected to the Freshwater Wetlands and Water Courses ordinance if they had applied for a building permit after its adoption. It was reported that a public hearing is to be set for Cohenca on June 10, but it is not clear as to what will be addressed. Dr. Mason noted that Fenbrook will suffer just as much as the downstream area when a major storm occurs and for this reason the Commission should not give its approval. It was suggested that pictures of these properties and Dr. Schloss's movie of flooding at -2- CZMC minutes - 5/26/87 Kolbert Drive be shown to help convince the Planning Board. The other lots cannot be touched as of now and will be hard to mitigate. Mr. Schoenberger mentioned that perhaps we need legal advice over this matter. It was suggested that the dates of when the building permit applications were made be reviewed. Also, that at the public hearing it should be addressed that there needs to be a master plan for the whole subdivision. Special Permit application by M.L.S. , Inc. - Ms. Ng stated that she reviewed the area and found no inconsistencies with the LWRP. A letter of approval was drawn up and signed by Mr. Schoenberger. Harbor Security Mr. Allen reported that there have been some changes in the State reimbursement policy for harbor security. This new policy increases the maximum reimbursement level from 50% to 75% , but it was noted that it might take up to two years before a municipality is reimbursed. The policy now also requires that these security personnel have the authority to arrest suspects (i.e. , policeman or peace officer status) . He mentioned that in Section 35 of the New York State Law it is permitted for a person to be appointed as a special officer. This person must take approximately 40 hours of police work. This entitles the person to act as a police officer but only for a year; then his credentials must be reviewed again. Mr. Allen will find out what the requirements and jurisdiction of a peace officer are. It was reported that these municipalities cannot afford a peace officer. Mr. Allen noted that Manor Park now has security officers at night. Funding/Grants Preliminary application for Environmental Quality Bond Act funds - It was stated that Ms . Ng received a letter, post-marked May 20th, publicizing the availability of a 50% reimbursement grant for recreational development. This application required approval of the Town and Village by May 21. It was impossible to get it for this year because of such short notice. It was suggested that we file a complaint because we were unable to apply, even though we were interested, due to the deadline. Mr. Irwin noted that Section 6 of LWRP has a list of state agencies that relay what grants are coming up and when. It was suggested that Ms. Ng investigate to see if this letter was sent earlier to anyone from CAC and why CZMC never got any notice of it until now. The letter indicated that this grant is available on a yearly basis. Bonnie Briar Golf Club Mrs. Tolley reported on the status of the Bonnie Briar Golf Club. She explained that you can be a member of the club but not a bond holder and that you can be a bond holder but not a member of the -3- CZMC minutes - 5/26/87 club. The club members presently have a lease that has an automatic ® renewal clause for ten years. It was reported that the Town has thought of purchasing Bonnie Briar. If this occurs , it will be very costly and there will be at least a five year legal battle. Mr. Schoenberger deemed it to be a good idea to develop an opinion before the matter comes to a head. It was reported by Mr. Irwin that Cliff Emanuelson, Conservation Consultant, felt that some areas could be built without a significant impact. Other Business 1 . Mr. Irwin reported that he received two referrals from the Village Planning Commission. He felt that they were Type II actions and did not need CZMC review. The Commission agreed. 2. It was suggested that the annual report be included in the agenda of the next meeting. 3 . Mr. Irwin noted that he submitted a draft proposal to the Village for the adoption of East Creek as part of the CEA. He stated that the Planning Board has set a public hearing. Mr. Irwin also reported that he wrote to Mr. Hohberg with reference to adding East Creek to his water monitoring list. Another letter was written to the Village Beautification Committee, by Mr. Irwin, suggesting that they put in plantings . oat 4 . Mrs. Johnson reported on the Gordon property, located at the corner of Woodbine and Beech. She stated that silt is going into the street drains and that they must go before the Village of Larchmont Zoning Board because of a setback violation. 5. The cancelation of meetings for the summer were considered, but most felt that meetings should continue since it is the height of the building season. 6 . A letter regarding an addition to the State erosion hazard areas list was presented by Mrs . Johnson for Mr. Schoenberger to sign. 7. It was reported that the pool proposal for 1 Ocean Avenue was passed by the Village of Larchmont Zoning Board. 8 . Mrs. Wittner reported that she sent a draft of an information sheet on the Premium Critical Environmental Area to the Conservation Advisory Commission Chairman. This draft will be considered at the next meeting. There being no further business, the meeting was adjourned at 10 :45 P.M. -4-