MINUTES OF A REGULAR MEETING OF THE HARBOR AND COASTAL ZONE MANAGEMENT COMMISSION OF THE VILLAGE OF MAMARONECK HELD SEPTEMBER 16, 2009 AT 7:30 P.M. IN THE COURTROOM AT VILLAGE HALL, MAMARONECK, NEW YORK
PRESENT: Mr. Anthony Weiner, Vice Chairman
Mr. Marc A. Karell
Mr. Carl Birman
Ms. Laura Schneider
Mr. Tim Keebe
ABSENT: Mr. Steven Goldstein, Chairman
Mr. Cary Sleeper
ALSO PRESENT: Ms. Janet Insardi, Village Attorney
The meeting was called to order at 7:35 P.M.
Mr. Weiner stated that the chairman Mr. Goldstein was unable to attend tonight's meeting.
New Business
1. John J. Scarlato , Jr. Architect for 541 Wagner Avenue. No one was present for the applicant.
Mr. Weiner stated that the application cannot be heard as the escrow account was not established.
Old Business
1. Mamaroneck Boats and Motors- 622 Rushmore Avenue. The applicant was not present Mr. Weiner stated that the application is not being heard, nothing new received.
2. Brian Glattstein -585 Lawn Terrace Rehabilitation and modification of existing docking facility and maintaining existing seawall. Daniel Natchez of Daniel Natchez Associates appeared and addressed the Board. He stated that they were before the Board for a structure permit, that they would like to replace the 30X3 foot gang way to 39X4 feet changing the slope to a safe 20%, the floating docks from 20X10 to 40X10 and a T from 5X5 to 8X8.
Mr. Natchez stated that he believes that this is a simple application as there is no navigational interference; the channel is 85 feet wide at that point.
Mr. Weiner stated that he sees no compelling reason to expand the dock.
Mr. Natchez responded that the property owners have a larger boat that they are unable to keep on their own property and the adjacent neighbor has an identical dock to what is being requested.
Mr. Weiner stated that the purpose of the HCZMC is to maintain and improve the waterways, and that he has concerns with the addition of docks that they would impede the view of the channel. He then asked Mr. Natchez to research another solution for the 20% slope.
Mr. Natchez stated that a slope of more than 20% is considered unsafe and that this application is consistent with previous applications that this Board has approved. Increase in the square footage of the floating docks will increase habitat for mussels, shrimp and seaweed, as there is no eel grass on the bottom.
Ms. Schneider questioned the dock as a habitat and whether there are standards for the degree of a slope.
Mr. Natchez stated that there are no specific standards but that 20% has been the industry standard for 25 years. He further stated that alternatives have been looked into such as steps but they were deemed a trip hazard.
Mr. Weiner stated that the docks could be removed.
Mr. Natchez stated that it would be inconsistent with the LWRP.
Mr. Keebe asked for example of other docks.
Mr. Natchez responded 506 Shore Acres Drive, has a longer 80 foot gang way and a shallower slope; and 1301 Flager Drive also has an 80 foot gangway.
Mr. Keebe asked if the dock would impede into the Federal channel.
Mr. Natchez stated that only into the anchorage by 6 feet.
Ms. Schneider asked the length of the applicant's boat.
Mr. Natchez answered the boat is 40 feet and it is currently being kept at Imperial.
Mr. Weiner stated that HCZMC can remedy past mistakes and can reduce the docks allowed. The only thing required is to give a stairway access down to the water.
Mr. Keebe asked Mr. Weiner why this proposed dock is inappropriate as there are similar docks up and down the harbor.
Ms. Insardi stated that there are certain guidelines that the Board must follow, SEQRA and a consistency determination.
Mr. Natchez stated that he addressed the LWRP.
The Board discussed the application.
Mr. Birman asked if the application could be adjourned to get more information.
Ms. Insardi stated that the Board should address what they want Mr. Natchez to answer.
Ms. Insardi requested a brief legal session to address the Boards concerns.
The matter was reconvened.
Mr. Weiner stated that at this time he is not sure of all the concerns and that he will draft a letter and send it to Mr. Natchez in the next few days.
There were no comments from the public
On motion of Mr. Keebe, seconded by Mr. Birman the matter was adjourned to October 21, 2009.
New Business (Continued)
1. John J. Scarlato Architect for 541 Wagner Avenue. Mr. Weiner stated that an escrow account must be established in order to open a public hearing. The Board set the amount at $1,000.00 and required the applicant to go to an outside consultant and the Village Engineer.
Old Business (Continued)
1. Mamaroneck Boats and Motors. Mr. John Hilds, representing the Deutermanns appeared and addressed the Board. He stated that 17 copies of the plans were submitted the day before.
Mr. Weiner informed him that the Board requires the packets to be submitted 2 weeks prior to the meeting for adequate time to review. The matter was adjourned to October 21, 2009.
2. Nichols Yacht Yard - 500 Rushmore Ave. Mr. Weiner stated that the application was posted as a public hearing and all required notices to neighbors within the 400 feet were sent.
Mr. Daniel Natchez and Mr. Denis McCarthy the general manager appeared and addressed the Board.
Mr. Natchez stated that this is a preliminary discussion for a perimeter permit to allow the Yacht Yard to reconfigure the docks and floats.
He stated that Nichols has agreements between themselves and the neighboring properties allowing their encroachment to the east and west of their property line. Currently there are 170 boats and 170- 186 are proposed, with 21,312 square feet of main docks and floats. The applicant has also provided memos from consultants. Mr. Natchez stated that there are two portions of the property one parcel Nichols owns in fee and the other is leased.
Mr. Natchez explained that the perimeter permit defines the area and would allow the applicant to reconfigure the interior layout in contrast to a structural permit which only allow that specific change shown on the plan. Village Code states that boats tied to a structure cannot exceed the limits of the perimeter.
Mr. Weiner stated that there are two things to be considered the physical dock and point of rules of the perimeter.
Ms. Insardi stated that Village Code 240-20E states that boats may not protrude outside the limits.
Mr. Natchez state that all boats have to be inside the limits.
Mr. Birman questioned Ms. Harrington's memo regarding mud flats and the mapping of them.
Mr. Natchez state that there are no mud flats but if the Board requires mud flats or lack thereof to be on the plan the applicant will comply.
It was stated that Nichols has docks physically on Spardaro's littoral area, and Mr. McCarthy responded that when the harbor was dredged the docks had to be quickly pulled out and returned. The buoy markers that were used were from the 1930's and it was later found that they were not ion the correct spot.
Mr. Carl Alterman of Indian Cove appeared and stated that he strongly supports the application.
On motion of Ms. Schneider, seconded by Mr. Birman the Public Hearing was closed 5-0.
On motion of Mr. Keebe, seconded by Mr. Karell the Board voted that this is a Type 1 action under SEQRA.
Ayes: Keebe, Karell, Weiner, Schneider, Birman
Nays:
On Motion of Mr. Keebe, seconded by Mr. Birman the Board voted to declare a Negative Declaration.
Ayes: Keebe, Karell, Weiner, Schneider, Birman
Nays:
On motion of Mr. Keebe, seconded by Mr. Karell the Board declared that the matter is not inconsistent with the LWRP, 5-0 Ms. Insardi stated that the following conditions are required:
The mud flats or lack of must be on the plan.
No boats shall be docked in any vegetated areas.
Minutes
The minutes of 6/17/09 and 7/15/09 were not voted on as there was no quorum.
Ms. Insardi discussed required training at the Town of Mamaroneck Court Room October 29, 2009. The Department of State is conducting the training and she suggests all members take the course and bring their binders.
Adjournment
On motion of Mr. Karell, seconded by Mr. Birman the meeting was adjourned at 9:15 P.M.
Minutes prepared by
Francine M. Brill
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