Documents › Water Control Commission, 2025-10-20

minutes 10 pages

DRAFT MINUTES WATER CONTROL COMMISSION MONDAY, AUGUST 25, 2025 PRESENT: Mr. Stuart Greenbaum, Chairman Mr. Leo Wiegman Mr. William Pfrang Dr. Carly Shanks ABSENT: Mr. Richard Wetherbee ALSO PRESENT: Daniel O'Connor, Village Engineer Len Simon, Village Board Liaison 1. CALL TO ORDER Chairman Greenbaum Called the meeting to order at 7:00 p.m. 2. OLD BUSINESS a) Hugh Greechan, Jr .. P.E, Commissioner of Westchester County Department of Public Works & Transportation, has applied to the Water Control Commission of the Village ofCroton-on­ Hudson for a Wetlands Activity Permit for the proposed complete replacement of the existing Quaker Bridge over the Croton River. PRESENT: Angelo Sgobbo, PE Director of Design Coordination Westchester County Department of Public Works and Transportation Matt Hunt, PE, Project Manager, Structures Group Co-Leader of Creighton Manning Village Engineer Daniel O'Connor introduced the project. Angelo Sgobbo and Matt Hunt, representing Westchester County, joined the meeting via Zoom to present an overview from the previous meeting for a Wetland Activity Permit application for the full replacement of the existing Quaker Bridge over the Croton River. The applicants noted the project was currently out to bid, with the bid submissions due shortly. The County expected to evaluate responses and award the contract soon, with construction anticipated to begin in October or November 2025. The replacement would include all new abutments and substructure, with the new two-lane steel truss bridge expected to open to two-way traffic by the end of June 2026. Mr. Hunt addressed potential environmental impacts. He stated that the new bridge would have a slightly larger footprint, but impacts to the floodplain had been thoroughly documented in the permit application. It was stated that the water surface elevation was expected to remain unchanged, and the new bridge would be constructed on piles in the same general location as the current abutments. The foundation design would provide greater resilience to future storm events. Scour protection measures, including heavy stone armoring and erosion control on steep slopes (particularly in the southwest quadrant), would help protect the structure and surrounding environment. Chairman Greenbaum thanked the applicants for the overview and turned the meeting over to the Board for questions. Mr. Wiegman noted that the project was well documented and that outstanding questions had been addressed in previous meetings. The Board agreed and no further questions were raised. Daniel O'Connor provided an update on regulatory coordination. Permit applications to both the New York State Department of Environmental Conservation (DEC) and the U.S. Anny Corps of Engineers remain under review. Mr. Hunt noted that while responses had not yet been received, the Anny Corps typically has 45 days to complete its review. A Memorandum of Agreement was reported to be established between the County, the State Historic Preservation Office, and the Village to document and mitigate the removal of the historic bridge structure. Additionally, the applicants added that a temporary construction easement had been submitted for a section of the southeast quadrant of the bridge site, which is Village-owned property. It was also noted that the County issued a SEQRA Negative Declaration, and the Village Planning Board found the project consistent with the Local Waterfront Revitalization Program (LWRP), thereby concluding the environmental review process. Chairperson Greenbaum read the prepared draft resolution into the record and noted that no public comments had been submitted. All application materials were made available on the Village's website. Following review, the Commission approved the wetland permit with conditions, including compliance with approved plans and permits, notification to the Village Engineer prior to commencement of work, on-site posting of the permit, erosion and sediment control measures, submission of a Storm water Pollution Prevention Plan (SWPPP), and inspection requirements. It was noted that the permit would expire on December 31, 2026, or upon project completion, whichever occurs first. MOTION: Mr. Wiegman made a motion to approve the wetland activity permit with conditions for the complete replacement of the existing Quaker Bridge over the Croton River. Seconded by Mr. Pfrang. The motion was carried unanimously with a 4-0 vote. Roll call votes were as follows: Mr. Wiegman - yes, Mr. Pfrang -yes, Chairman Greenbaum-yes, and Dr. Shanks -yes (Mr. Wetherbee, absent). Resolution attached. 3. NEW BUSINESS a) Lewis, Thomas, Agent for Trillium Invasive Species Management, Inc, --Application for renewal of a Wetland Activity Permit for a multi-year herbicide application project to control Phragmites Australis, Knotweed, and Porcelain Berry (invasive species) in Croton Landing Park (Sec. 67.19 Block 5 Lot 1 & Se. 78.8 Blk. 1 Lot 1), Senasqua Park (Sec. 78.12 Block 1 Lot 1), Duck Pond Park (Sec. 79.09 Blk. 10 Lot 1), Kaplan's Pond Open Space Area (Sec. 67.16 Blk. 2 Lot 22.1), and Gouveia Park (Sec. 67.14 Blk. 3 Lot 11). PRESENT: Thomas Lewis, via Zoom. Mr. Lewis, agent for Trillium Invasive Species Management, appeared via Zoom to request the renewal of a multi-year Wetlands Activity Permit. The permit covered targeted herbicide treatment of invasive plant species, including Phragmites australis ( common reed), Japanese knotweed, and Porcelain berry across several Village-owned parks and properties. The locations included in the application were: Croton Landing Park, Senasqua Park, Duck Pond Park, Kaplan's Pond Open Space Area, and Gouveia Park. Village Engineer Daniel O'Connor introduced Mr. Lewis, noting that Trillium had been providing invasive species management services to the Village for the past seven years. Mr. Lewis provided a comprehensive update on the program's progress and challenges. He explained that while infestations had been substantially reduced in most areas, some regrowth continued, especially in "difficult-to-access" or rocky riprap zones, such as those at Senasqua Park. He noted that deep root systems had made complete eradication challenging. Mr. Lewis reviewed updated environmental and permitting requirements. Mr. Lewis stated that due to changes in New York State Department of Environmental Conservation (DEC) regulations, certain locations now would require additional state permits before herbicide application can continue. However, in order to obtain a DEC permit, a local wetlands permit from the Village is needed first. Gouveia Park, for example, did not fall under DEC's jurisdiction since it is adjacent to a waterpark, not a wetland, and therefore only requires Village approval. Mr. Lewis reported that Croton Landing was the only site currently subject to new DEC permitting, as the area is officially classified as a wetland. Kaplan's Pond was previously reported to be free of Phragmites, but recent monitoring revealed isolated patches of regrowth, and Trillium intended to apply for a DEC permit for that site as well. Duck Pond, Senasqua, and Gouveia Parks are not expected to be impacted by new DEC rules. Mr. Lewis walked the Board through each park, using documentation and photos included in the application materials. He also clarified that the full report covered all of Trillium's work for the Village, not just work covered under the wetland permit. For example, Black Rock Park was discussed, but was not part of the application since it lied outside the wetland buff er zone. At Croton Landing Park, Mr. Lewis noted that the majority of Phragmites has been successfully eliminated. Commissioner Leo Wiegman remarked on the substantial improvement compared to photos from 15 years ago, calling the site a "success story" from the Board's perspective. John Bouchard from the Department of Public Works mentioned a new infestation in the park, and Trillium would submit a permit request to address it preemptively. At Gouveia Park, Japanese knotweed remains the primary concern, particularly in the downhill area near the parking lot. Areas adjacent to the house had already been cleared. In Kaplan's Pond Open Space Area, regrowth of knotweed was identified along the stream overflow areas, particularly in the lower part of the park. Senasqua Park continued to experience regrowth in rocky areas and along riprap, although it had previously shown no signs of infestation for a period of time. Mr. Lewis also discussed additional species, including Tree of Heaven (Ailanthus altissima), which has started to spread in some parks. In response to a question from Dr. Shanks, Mr. Lewis explained Trillium's herbicide injection technique, which involved inserting a needle with a side hole directly into the plant stem. This targeted method minimizes environmental impact and is only used on stems at least ¾ inch in diameter. Regarding public notifications, Mr. Lewis clarified that yellow pesticide application signs are posted at all treatment sites, even when not required by regulation. The signs would remain posted for at least 24 hours and are removed once the product has dried and the area is safe. The only location where neighbor notification had been required in the past was at Kaplan's Pond Open Space Area. Mr. Lewis confirmed that Trillium did not and would not exceed the application amounts that would trigger mandatory neighborhood notice. The Commission commended Trillium for its thorough reporting, responsible application methods, and overall success in managing invasive species across the Village's parks. Mr. Wiegman and Chairperson Greenbaum praised the visible progress, especially at challenging sites like Croton Landing. Chairman Greenbaum read the draft resolution for review. No public comment was received. MOTION: Chairman Greenbaum made a motion to approve the multi-year Wetlands Activity Permit for Trillium Invasive Species Management permit renewal, seconded by Mr. Wiegman. The motion carried unanimously with a 4-0 vote . Roll call votes were as follows: Chairman Greenbaum - yes, Mr. Wiegman - yes, Mr. Pfrang - yes, and Dr. Shanks - yes (Mr. Wetherbee, absent). The multi-year Wetlands Activity Permit for Trillium Invasive Species Management 4. APPROVAL OF MINUTES A motion was made to approve the minutes of the September 23, 2023. The motion was carried by a vote of 4-0. Roll Call. Chairman Greenbaum- yes, Mr. Wiegman - yes, Dr. Shanks - yes, and Mr. Pfrang - yes. (Mr. Wetherbee, absent). A motion was made to approve the minutes of July 31, 2025 meeting. Seconded by Mr. Pfrang. The motion was carried by a vote of 4-0. Roll Call. Mr. Wiegman - yes, Mr. Pfrang -yes, Chairman Greenbaum- yes, Dr. Shanks - yes (Mr. Wetherbee, absent). 5. ADJOURNMENT There being no further business to come before the Water Control Commission, the meeting was adjourned at 7:42 pm. Respectfully Submitted By, Stefanie Correale Secretary to the Water Control Commission I RESOLUTION WHEREAS, Hugh Geechan, Jr., P.E., Commissioner of Westchester County Department of Public Works & Transportation has submitted an application to the Water Control Commission (WCC) of the Village of Croton-on-Hudson, for approval of a Wetland Permit for site activities within the 150-foot wetland buffer, from the Croton River, consisting of the complete replacement of the existing Quaker Bridge. WHEREAS, public meetings were held by the Water Control Commission after due notice on 07/31/25, 8/25/25, at which meetings public comments were heard, and WHEREAS, the following documents have been submitted by or on behalf of the Applicant: • Wetlands Permit Application #20250418 submitted by Westchester County Department of Public Works. • Letter from Hugh Geechan, Jr., P.E., Commissioner of Westchester County Department of Public Works & Transportation dated July 9, 2025, Wetland Permit Application. • Letter from Melanie Osterhout, P .E. President of OSP A Engineering Services dated July 9, 2025. • Memorandum from Melanie Osterhout, P .E. President of OSP A Engineering Services dated July 25, 2025 Re the Village of Croton-on-Hudson Wetlands Findings Statement per Village Code 227. • Memorandum from Melanie Osterhout, P .E. President of OSP A Engineering Services dated July 25, 2025 regarding the Village of Croton-on-Hudson Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District (WPOD) Finding Statement, per Village Code 230-20.14 and 230-20.15. • Village of Croton-on-Hudson Coastal Assessment Form date July 25, 2025 with attachment of Memorandum from Melanie Osterhout, P.E. President ofOSPA Engineering Services to NYSDOS regarding NYDOS Policy Regulations dated July 25, 2025. • Letter from Melanie Osterhout, P.E. President of OSPA Engineering Services dated July 9, 2025. • Letter from Melanie Osterhout, P.E. President of OSPA Engineering Services dated July 1, 2025 to United States Army Corps of Engineers and NYSDEC Region 3 Permits. • Copy of Department of Environmental Conservation Joint Application Form with Attachment A: Project Database Mapping, Wetland Delineation Report and FEAF. • Wetland and Ordinary High Water Delineation Report dated November 2024 and prepared for Westchester County Department of Public Works & Transportation. • Full Environmental Assessment Form prepared by David S. Kvinge, Assistant Commissioner, Westchester County Department of Planning and dated June 26, 2025. • Letter from Olivia Brazee of Historic Site Restoration Coordinator to Mr. Matt Hunt of Creighton Manning dated May 8, 2017. • Letter from Matt Hunt, P.E. to Olivia Brazee, Historic Site Restoration Coordinator for NYS Parks, Recreation & Historic Preservation and dated May 25, 2017. • Draft Scope Summary Memorandum from Charles Tutunjian, P.E. Creighton Manning Engineering, LLP to Phil Abenavoli, P.E. of Westchester County Department of Public Works and Transportation dated November 17,2017. ,I • HAER Level II Documentation prepared by Walter Richard Wheeler of Harten Archeological Associates, INC and dated October 2017. • Scope Summary Memorandum from Matt Hunt, P.E. of Creighton Manning Engineering, LLP to Olivia Brazee, Historic Site Restoration Coordinator for NYS Parks, Recreation & Historic Preservation. • Construction Plan Sheets: ST-01, IND-01, LEG-01, LEG-02, GNN-01, GNN-002, GNP-01, TYP-01, PRO-01, PRO-02, GRO-01, LAP-01, LAD-01, LAN-01, ST-01, ST-02, ST-12, ST-13 prepared by Creighton Manning Engineering and dated June 24, 2025. WHEREAS, the Water Control Commission has also received correspondence from members of the public and heard comment from the public and considered same as part of its decision making on this matter, and WHEREAS, Westchester County, SEQR Lead Agency, has determined the action is an Unlisted Action under the State Environmental Quality Review Act (SEQRA) Section 617.5(c)(2), and determined Negative Declaration therefore no further review under SEQRA, and WHERAS, on August 19, 2025 based on Planning Board review, the Planning Board made the determination this project is consistent with the Local Waterfront Revitalization Program. WHERAS, the Planning Board on August 19, 2025 granted approval for the removal of 56 trees to facilitate the Quaker Bridge Replacement Project WHEREAS, under Section 227-7(F) of the Village Code the Water Control Commission is the approving authority for the issuance of the Wetland Permit, and WHEREAS, the Water Control Commission recognizes that the overall work to be completed includes additional work not within the wetland buffer and that all the proposed work will require a Tree Removal Permit of which is under the jurisdiction of the Village Planning Board and will be issued by the Village Engineer, and WHEREAS, the Water Control Commission considered items 1-9 in section 227-8A of Chapter 227, Wetlands of the Village Code in making its determination to grant this permit with conditions, and NOW, THEREFORE, BE IT RESOLVED, the Water Control Commission hereby issues a Wetland Permit for the removal and replacement of the Quaker Bridge over the Croton River, in the 150 foot wetland buffer zone, as shown on the plans submitted set forth above, and subject to the conditions specified below which are established pursuant to Sections 227-8(F) and 227-8(G) of the Village Code. 1. The foregoing recitals are incorporated herein as if set forth at length. 2. That, all regulated activity is limited to the 150-foot wetland buffer zone and small section of the Croton River as shown on the plans. 3. That the proposed work in the wetland buffer area and watercourse be performed in accordance with the above-referenced documents, this Wetland Permit and any other permits and approvals from other agencies. 4. That the work conducted under the Wetland Permit shall be open to inspection during daylight hours, including weekends and holidays, by the approving authority or its designated representative or the Village Engineer. 5. That, the applicant shall notify the Village Engineer in writing of the date on which the work is to begin at least five days in advance of such commencement date. 6. That, the Wetland Permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the permit. 7. That, all Best Management Practices (BMPs) for erosion and sediment control included in the project documents be implemented including any additional BMPs requested by the Village Engineer or his designee. 8. That, the Storm Water Pollution Prevention Plan be submitted to the Village Engineer prior to the commencement of any work. 9. That, the Village Engineer be copied on any reports about the proposed project for the duration of the project including but not limited to, storm water pollution prevention plan inspection reports. I 0. That, any damage to Quaker Bridge Road and Niles Road caused by vehicle/truck traffic associated with the construction of the replacement bridge work and the work associated with the replacement of the bridge be replaced to the satisfaction of the Superintendent ofDPW. 11. Within 30 days of notification of the completion of the work the Village Engineer shall inspect the work for compliance with all conditions of the permit. 12. When work authorized under a permit is deemed not acceptable, the Village Engineer shall so notify the applicant. The notification of noncompliance shall include a list of all conditions in violation of the terms of the permit and shall specify a time limit for the correction of all items so listed. 13. That, the Wetland Permit expiration date shall be 12/31/26 or upon earlier completion of the work specified herein. Mr. Wiegman made a motion to approve the application as submitted with the conditions specified herein, seconded by Mr. Pfrang and carried by a vote of 4-0 (Mr. Wetherbee, absent) Dated: August 25, 2025 RESOLUTION WHEREAS, Thomas Lewis, Agent for Trillium Invasive Species Management, Inc. has submitted an application to the Water Control Commission (WCC) of the Village of Croton­ on-Hudson, for approval of a Wetland Activity Permit Renewal for a multi-year herbicide application project to control phragmites australis at 5 Village-owned properties; in and around the pond at Gouveia Park, around the pond at Duck Pond Park, in the area south of Senasqua Park, at Croton Landing Park, and at the Kaplans Pond Open Space Area. WHEREAS, the project locations, are designated on the Tax Maps of the Village as Section 67.14 Block 3 Lot 11 (Gouveia Park), Section 79.9 Block 10 Section 1 (Duck Pond Park), Section 78.12 Block 1 Lot 2 (Sensasqua Park), Section 78.8 Block 1 Lot 1 & Section 67.19 Block 5 Lot 1 (Croton Landing Waterfront Park), Section 67.16 Block 2 Lots 20 & 22.1 (Kaplans Pond Open Space Area). WHEREAS, the following documents have been submitted: • Invasive Management Plan and Year End Report for Phragmites, Knotweed and Porcelain Berry, August 2025 WHEREAS, this renewal of a wetland permit is considered a Type II Action under the State Environmental Quality Review Act (SEQRA), therefore, no Negative Declaration is required; WHEREAS, neighbors within 200 ft. of the project locations have been notified by mail; WHEREAS, the WCC previously issued wetland permits for the project on 8/17/16, 6/22/23, and 07 /26/21 ; WHEREAS, under Section 227-7(F) of the Village Code, the Water Control Commission is the approving authority for the issuance of a Wetland Activity Permit and hereby issues a Wetland Activity Permit, subject to the conditions specified below. NOW, THEREFORE, BE IT RESOLVED, that the application is GRANTED and that the Water Control Commission authorizes the Wetlands Permit Renewal in accordance with this resolution with the following conditions: 1. The foregoing recitals are incorporated herein as if set forth at length. 2. That, in accordance with Sections 227-S(F) and 227-S(G) of the Village Code the following conditions are established as part of the Wetland Activity Permit: a) That the work conducted under the Wetland Activity Permit shall be open to inspection during daylight hours, including weekends and holidays, by the approving authority or its designated representative or the Village Engineer. b) That the Wetland Activity Permit expiration date shall be 10/31/27 or upon completion of the work specified therein. c) That the Applicant shall notify the Village Engineer of the date on which the work is to begin at least five days in advance of such commencement date. d) That the Wetland Activity Permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the permit. e) That, all Best Management Practices included in the Project Description and the Management Plan Schedule be implemented. f) That, a report be submitted detailing the herbicide applied, quantity applied, and area of application with any application for renewal of this permit. g) That, notification of herbicide application be made to all neighboring landowners within 100 feet of the treatment area prior to the application as required by the NYSDEC. h) Within 30 days after completion of all work authorized under a permit issued in accordance with this chapter, the applicant shall notify the Village Engineer of such completion which notification shall terminate the permit but not relieve the Applicant of its responsibility under this permit. Chairman Greenbaum made a motion to approve the application as submitted with the conditions specified herein, seconded by Mr. Wiegman and carried by a vote of 4-0 (Mr. Wetherbee, absent) Date: August 25, 2025