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Waterfront Advisory Committee Minutes 07/13/2010

VILLAGE OF CROTON ON HUDSON, NEW YORK
MINUTES OF THE WATERFRONT ADVISORY COMMITTEE MEETING
Tuesday, July 13, 2010


A meeting of the Waterfront Advisory Committee of the Village of Croton-on-Hudson, New York was held on Tuesday, July 13, 2010 in the Municipal Building.

MEMBERS PRESENT:        Fran Allen
                                Stuart Greenbaum
                                Ian Murtaugh, Trustee

ABSENT:                 Robert Luntz
                                Richard Olver, Trustee

ALSO PRESENT:           Daniel O'Connor, P.E., Village Engineer


1.  Call to Order:

The meeting was called to order at 8:10 P.M. by Chair Allen.

2. Referral from the Village Board for a Recommendation on the Proposed Amendments to Chapter 120 of the Village Code, Excavation, Filling and Topsoil Removal – Consistency Review, Continued….

Ms. Allen stated that she found a document that has the term ‘action’ that she will explain further.  She added that the WAC does have to fill out the coastal assessment form, which was done by Engineer O’Connor, and agree or disagree with it, based on the LWRP, whether it is compliant with local policies.  Ms. Allen stated that since this is this is an action rather than just a boilerplate, there is a policy which is related to flooding and erosion policies that would be related to this law. She referred to Sections III 17 – III 18.  Trustee Murtaugh stated that Ms. Allen was interested in making a change at the prior meeting, see page 2–B, and asked if is she is still interested in making this change.  Ms. Allen replied that she now feels they should leave the local law as it is; we are not the people who should be writing the law.  Trustee Murtaugh asked where in the CAF does # III 18 go unaddressed.  Ms. Allen stated that she is trying to find out if it is consistent with the LWRP; if so, she will write a letter to the Board, if not, will say what was reviewed is inconsistent.  Ms. Allen stated that she would like to point out her preliminary finding and say some of these need to be added, although some of these apply to other laws.  Engineer O’Connor stated that the Village has a law on flooding and a law on stormwater & erosion control which is a new law; one item was updated to meet the new stormwater law and land development activity which is described as 400 sq ft; if someone digs down 4 ft. or 150 sq ft., they would need a permit, but would not need a stormwater prevention plan.  Ms. Allen replied that it will be useful to take these items to see if it is covered in the new law, but there are other related laws in which they should be included.  

Discussion on LWRP policies 11 and 11A: Item #1: Engineer O’Connor stated that this is probably not a change that would be affecting much now the DEC manual is being used; Chapter 196 refers to the DEC manual. Item #4: this is covered under site planning.  Item #5: Engineer O’Connor stated that this is covered under best management manuals. Ms. Allen replied that this is very specific statement.  Engineer O’Connor added that it is covered and the material must be moved within 14 days.  Ms. Allen stated that she is concerned someone will do something and how do we know he knows the proper procedure; should have something to give them.  Engineer O’Connor replied that when the contractor reaches the DEC level, it requires a stormwater plan and the contractor must sign a statement he has read the plan and understands it.  Ms. Allen replied that it may not be a contractor; one may apply for a permit for your backyard; these regulations should be in a place it should be seen. Item #6: if someone is excavating 4 ft, maybe sediment control is not needed in that case; the design manual decides when it should be put in.  Ms. Allen stated that the Village is getting a lot of runoff because it is not known what is required; it is a matter of taking this page and attaching it as an appendix; projects are getting smaller, all are not huge.  Engineer O’Connor read from the manual for sediment control and added that it would be difficult to put into a local law.  Ms. Allen stated that she is looking for a trigger to alert contractors that they have to do it; she would be happy to give them the list (policy #11).  Trustee Murtaugh asked if there is a way to reference policy #11.  Ms. Allen responded that the WAC has to look at the action and determine consistency or not.  Trustee Murtaugh stated that he understands that these principles must be observed and suggested to just refer via one sentence in the law to these principles.  Engineer O’Connor replied that when any local law is being reviewed, all have an impact and these principles will apply also.  Ms. Allen responded that she doesn’t want it to be complicated; the LWRP has stricter requirements because of the waters and streams and they are very specific requirements.  Engineer O’Connor stated that applicants will be told they need to take these policies and manuals and put notes and details on the plan on condition of approval which will reinforce some of these specific policies.  Ms. Allen stated that the new law is cast in a more specific form.  Engineer O’Connor replied that fill & excavation cannot have the same regulations for all projects.  Ms. Allen stated that there is nothing in this policy that is as specific as in the new law.  Engineer O’Connor replied that these policies are for specific actions; it is site specific most times.  He added that regarding the 17 items, the applicant must go through the policies or it would not be consistent.  Ms. Allen asked where do we put it in the new law.  Engineer O’Connor replied that a lot of these are covered under Chapter 196; review of the application is the quality control check.  Trustee Murtaugh asked if the Village is protected under these 17 items or do we need to request they be in the law.  Engineer O’Connor replied that most of the items are covered under the LWRP.  Mr. Greenbaum stated that this has to do with development and all these items are for development; the law doesn’t talk about development, just excavation and fill.  Engineer O’Connor stated that the law was updated several years ago to correct erosion and sediment.  Mr. Greenbaum stated that if someone is going to build a single structure, he will have to comply with the 17 items.  Engineer O’Connor added that if they are even doing filling & excavation, the new law requires the applicant develop a stormwater control plan.  Mr. Greenbaum stated that he feels we are mixing apples and oranges; why can’t this be an addendum as part of this law or another article so everyone sees it at the same time. Ms. Allen replied that it makes sense to do this; they need to comply with these additional requirements.  Engineer O’Connor stated that the Village cannot have this as a part of a Local Law.   Mr. Greenbaum suggested giving this page to all applicants and it’s already written.  Engineer O’Connor added that if an applicant comes in with an unlisted action project; it’s the applicant’s responsibility to go through all policies that apply.  Ms. Allen replied that she believes the Village has to make sure that people doing something in Croton get this paper also. Engineer O’Connor suggested he could develop an application form that includes this document and all environmental forms could have this as an attachment or reference.  Ms. Allen added that section 345 is another policy, but is less stringent and a little vague.   Engineer O’Connor replied that this is a state policy that the applicant must use the best management policies; the Village has the sub policy; which has been done with other local policies.  Mr. Greenbaum stated that it probably does not need to be an attachment if it is referenced in the application.  Engineer O’Connor stated that if a project is under 400 sq ft., it is an unlisted action; there are a lot of type 2 actions that have no adverse environmental affects; if over 400 sq ft, then they have do a stormwater management plan, but do not have to get a consistency determination; the stormwater law is more stringent than the LWRP.  

Final action/ recommendation: The Waterfront Advisory Committee has reviewed the Coastal Assessment Form, the LWRP policies, has discussed policies 11 and 11A and are enabling a consistency determination by providing a mechanism to have them available.  

The Waterfront Advisory Committee recommends that Policies # 11 and 11A of the LWRP  be provided to applicants for all fill & excavation permits and, realizing its importance, with all other environmental and development permits.
   
3. Adjournment:

There being no further business to come before the Committee, the meeting was duly adjourned at 9:10 P.M.

Respectfully submitted,

Phyllis A. Bradbury

Phyllis A. Bradbury, Secretary

Sylvia Mills
Village of Croton-on-Hudson
Engineer's Office
tel: 914-271-4783
fax: 914-271-3790