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TOWN OF ORANGETOWN PLANNING BOARD MEETING OF JANUARY 23, 2008
MEMBERS PRESENT: Robert Dell, Chairperson, Bruce Bond, Vice-Chairperson, Kevin Garvey, John Foody, Jeffrey Golda, Anthony Iurica and William Young MEMBERS ABSENT: None ALSO PRESENT: John Giardiello, Director, Department of Building, Zoning , Planning Administration and Enforcement, Robert Magrino, Deputy Town Attorney, Ann Marie Ambrose, Stenographer and Cheryl Coopersmith, Chief Clerk
Robert Dell, Chairperson called the meeting to order at 7:30 P.M. Mr. Dell read the agenda. Hearings as listed on this meeting's agenda which are made a part of these minutes, were held as noted below:
Palisades Knolls Plan (Carteret Estates Subd.) - PB #08-04-Granted; Request for 2nd 90 Day Extension to File Subdivision Plat with Rockland County Clerk's Office; 77.20/1/19; R-15 zone
Walsh Subdivision Plan- PB #08-05- Granted; Request for 1stt 90 Day Extension to File Subdivision Plat with Rockland County Clerk's Office; 64.20/1/3; R-40 zone
Schuyler Hills Subdivision Plan- PB #07-06-Granted; Request for 1st 90 Day Extension to File Subdivision Plat with Rockland County Clerk's Office; 65.15/1/12.1, 12.2 & 12.3; R-80 zone
Blickman Subdivision Plan (Jacqueney Subd.)-PB #8-07-Amended Subject to Conditions; Request to Amend Planning Board Decision Regarding Roadway Maintenance Agreement; 69.19/1/25; R-40 zone
Vicente Site Plan-PB #07-62-Preliminary Approval Subject to Conditions/ Neg. Dec.; 71.17/1/22; R-22 zone
St. Thomas Aquinas College Site Plan- PB #07-71-Preliminary Approval Subject to Conditions/ Neg. Dec.; 74.12/1/29 & 74.16/1/1; R-40 zone
Student Bus Company Site Plan-PB #07-55-Final Approval Subject to Conditions; 74.07/1/15; LI zone
Other Business: 1) 2083 Center Associates Building: Section:78.09 Block:1 Lots 26 and 27 Zone LO: Prior to purchasing this building the applicant wanted to inform the Planning Board of their intended use and to assure themselves that if all performance procedures are followed that they will be able to operate as stated in their business plan. The applicant stated that discussions with the Buildings Department indicated that the permitted right to operate as a chemical research lab falls within the permitted use. There are certain performance standards (sect. 4.1) which shall be submitted as an application to the Zoning Board of Appeals for review and approval. 2) A motion was made by Robert Dell to elect in Bruce Bond as Vice Chairperson, second by Kevin Garvey, and carried as follows: Robert Dell, aye; Kevin Garvey, aye, Bruce Bond, aye; Anthony Iurica, aye; Jeffrey Golda, aye, John Foody, aye and William Young, aye.
The decisions of the January 9, 2008 Planning Board Meeting was reviewed, edited and approved. The motion for adoption was made and moved by Kevin Garvey and seconded by Anthony Iurica and carried as follows: Robert Dell, aye; Kevin Garvey, aye; Bruce Bond, aye; Anthony Iurica, aye; Jeffrey Golda, aye; John Foody, abstain and William Young, abstain.
The Decisions of the above hearings, as attached hereto, although made by the Board before the conclusion of the meeting are not deemed accepted and adopted by the Board until adopted by a formal motion for adoption of such minutes by the Board. Following such approval and adoption by the Board, the Decisions are mailed to the applicant. The verbatim transactions are not transcribed, but are available. Since there was no further business to come before the Board, a motion to adjourn the meeting was made by Anthony Iurica, seconded by Kevin Garvey and agreed to by all in attendance. The meeting was adjourned at 10: 15 P.M.
The next Planning Board meeting is scheduled for February 13, 2008.
DATED: January 23, 2008 Planning Board Town of Orangetown
PLANNING BOARD DECISION
Palisades Knolls Subdivision PB #08-04 Request for a 2nd 90-Day Extension January 23, 2008 To File the Subdivision Plan Page 1 of 1 With the Rockland County Clerk's Office, (also known as Carteret Estates Subdivision)
TO: John Atzl Atzl, Scatassa & Zigler 234 North Main Street New City, NY 10956 FROM: Orangetown Planning Board RE: The application of the John Atzl, applicant, for Willow Wood Properties, owner, for a 2nd 90 day Extension to File the “Palisades Knolls Subdivision” with the Rockland County Clerk's Office, in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown and Chapter 21 of the Code of the Town of Orangetown. The site is located at 762 Route 340, Palisades, Town of Orangetown. Rockland County, New York and shown on the Orangetown Tax Map as Section 77.20, Block 1, Lot 19 in the R-15 zoning district.
Heard by the Planning Board of the Town of Orangetown at a meeting held Wednesday, January 23, 2008, at which time the Board made the following determination: The Board received the following communications: 1. Project Review Committee Report dated January 16, 2008. 2. An interdepartmental memorandum signed by John Giardiello, P.E., Director of the Office of Building, Zoning and Planning Administration and Enforcement, Town of Orangetown, dated January 23, 2008. 3. An interdepartmental memorandum signed by Bruce Peters, P.E., Department of Environmental Management and Engineering (DEME), Town of Orangetown, dated January 16, 2008. 4. PB #07-22, Final Subdivision Approval Subject to Conditions, dated March 14, 2007. 5. A letter from Atzl, Scatassa & Zigler, signed by John Atzl, PLS, dated August 29, 2007.
The Board discussed the 90 Day Extension to file the subdivision plan. The hearing was then opened to the Public. There being no one to be heard from the Public, a motion was made to close the Public Hearing portion of the meeting by Bruce Bond and seconded by Kevin Garvey and carried as follows: Robert Dell, aye; Kevin Garvey, aye; William Young, aye; Anthony Iurica, aye; John Foody, aye; Jeffrey Golda, aye; and, Bruce Bond aye.
DECISION: In view of the foregoing, the Board GRANTED a Second 90 Day Extension in time to file the Palisades Knolls Subdivision with the Rockland County Clerk's Office. The foregoing Resolution was made and moved by Bruce Bond and seconded by John Foody and carried as follows: Robert Dell, aye; Bruce Bond, aye; Kevin Garvey, aye; William Young, aye; Anthony Iurica, aye; John Foody, aye and Jeffrey Golda, aye. The Clerk of the Board is hereby authorized, directed and empowered to sign this DECISION and file a certified copy in the Office of the Town Clerk and this Office of the Planning Board. Dated: January 23, 2008 Planning Board
PLANNING BOARD DECISION
Walsh Subdivision PB #08-05 Request for the 1st 90-Day Extension January 23, 2008 To File the Subdivision Plan Page 1 of 1 With the Rockland County Clerk's Office,
TO: Steven Bilheimer HDR Engineering 1 Blue Hill Plaza Pearl River, NY 10965 FROM: Orangetown Planning Board RE: The application of the Gerald and Bonnie Walsh, owners for a 90 day Extension to File the “Walsh Subdivision” with the Rockland County Clerk's Office, in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown and Chapter 21 of the Code of the Town of Orangetown. The site is located at 252 Townline Road, West Nyack, Town of Orangetown. Rockland County, New York and shown on the Orangetown Tax Map as Section 64.20, Block 1, Lot 3 in the R-40 zoning district.
Heard by the Planning Board of the Town of Orangetown at a meeting held Wednesday, January 23, 2008, at which time the Board made the following determination: The Board received the following communications: 1. Project Review Committee Report dated January 16, 2008. 2. An interdepartmental memorandum signed by John Giardiello, P.E., Director of the Office of Building, Zoning and Planning Administration and Enforcement, Town of Orangetown, dated January 23, 2008. 3. An interdepartmental memorandum signed by Bruce Peters, P.E., Department of Environmental Management and Engineering (DEME), Town of Orangetown, dated January 16, 2008. 4. PB #07-38, Final Subdivision Approval Subject to Conditions, dated June 27, 2007. 5. A memo from Mike Bettmann, Bureau of Fire Prevention, Town of Orangetown, dated January 16, 2007. 6. A memo from Steven Bilheimer, P.E., DRR, dated January 23, 2008.
The Board discussed the 90 Day Extension to file the subdivision plan.
The hearing was then opened to the Public. There being no one to be heard from the Public, a motion was made to close the Public Hearing portion of the meeting by Bruce Bond and seconded by Kevin Garvey and carried as follows: Robert Dell, aye; Kevin Garvey, aye; Bruce Bond, aye; Anthony Iurica, aye; John Foody, aye; William Young, aye; and Jeffrey Golda, aye.
DECISION: In view of the foregoing, the Board GRANTED a 90 Day Extension in time to file the Walsh Subdivision with the Rockland County Clerk's Office. The foregoing Resolution was made and moved by Bruce Bond and seconded by John Foody and carried as follows: Robert Dell, aye; Kevin Garvey, aye, Bruce Bond, aye; Anthony Iurica, aye; John Foody, aye; Jeffrey Golda, aye; and William Young, aye. The Clerk of the Board is hereby authorized, directed and empowered to sign this DECISION and file a certified copy in the Office of the Town Clerk and this Office of the Planning Board. Dated: January 23, 2008 Planning Board
PLANNING BOARD DECISION
Schuyler Hills Subdivision PB #08-06 Request for the 1st 90-Day Extension January 23, 2008 To File the Subdivision Plan Page 1 of 1 With the Rockland County Clerk's Office,
TO: Jay Greenwell, PLS 85 Lafayette Avenue Suffern, NY 10901 FROM: Orangetown Planning Board RE: The application of the Pomona Panorama Estates, owners for a 90 day Extension to File the “Schuyler Hills Subdivision” with the Rockland County Clerk's Office, in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown and Chapter 21 of the Code of the Town of Orangetown. The site is located at Schuyler Road, Blauvelt, Town of Orangetown. Rockland County, New York and shown on the Orangetown Tax Map as Section 65.15, Block 1, Lot 12.1, 12,2 & 12.3 in the R-80 zoning district.
Heard by the Planning Board of the Town of Orangetown at a meeting held Wednesday, January 23, 2008, at which time the Board made the following determination: The Board received the following communications: 1. Project Review Committee Report dated January 16, 2008. 2. An interdepartmental memorandum signed by John Giardiello, P.E., Director of the Office of Building, Zoning and Planning Administration and Enforcement, Town of Orangetown, dated January 23, 2008. 3. An interdepartmental memorandum signed by Bruce Peters, P.E., Department of Environmental Management and Engineering (DEME), Town of Orangetown, dated January 16, 2008. 4. PB #07-39, Final Subdivision Approval Subject to Conditions, dated June 13, 2007. 5. A memo from Mike Bettmann, Bureau of Fire Prevention, Town of Orangetown, dated January 16, 2007. The Board discussed the 90 Day Extension to file the subdivision plan.
The hearing was then opened to the Public. There being no one to be heard from the Public, a motion was made to close the Public Hearing portion of the meeting by Bruce Bond and seconded by Kevin Garvey and carried as follows: Robert Dell, aye; Kevin Garvey, aye; William Young, aye; Anthony Iurica, aye; John Foody, aye; Jeffrey Golda, aye; and, Bruce Bond aye.
DECISION: In view of the foregoing, the Board GRANTED a 90 Day Extension in time to file the Schuyler Hills Subdivision with the Rockland County Clerk's Office. The foregoing Resolution was made and moved by Bruce Bond and seconded by Kevin Garvey and carried as follows: Robert Dell, aye; Kevin Garvey, aye; William Young, aye; Anthony Iurica, aye; John Foody, aye; Jeffrey Golda, aye; and, Bruce Bond aye. The Clerk of the Board is hereby authorized, directed and empowered to sign this DECISION and file a certified copy in the Office of the Town Clerk and this Office of the Planning Board. Dated: January 23, 2008 Planning Board
TOWN OF ORANGETOWN PLANNING BOARD DECISION
Blickman Minor Subdivision Plan PB #08-07 (Jacqueney Subdivision) January 23, 2008 Request to Amend Planning Board Decision Page 1 of 2 Regarding Roadway Maintenance Agreement
TO: Robert Prior, Esq. 17 South Broadway Nyack, NY 10960-0205
FROM: Orangetown Planning Board RE: Request of Nancy Blickman, Trust by Victoria Jacqueney, Trustee, owners, to Amend the Planning Board Decision regarding the Roadway Maintenance Agreement for the “Blickman Minor Subdivision Plan”, in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown and Chapter 21 of the Code of the Town of Orangetown. The site is located at 15 Sickletown Road, Pearl River, Town of Orangetown, Rockland County, New York and as shown on the Orangetown Tax Map as Section 69.19, Block 1, Lot 25 in the R-40 zoning district.
Heard by the Planning Board of the Town of Orangetown at a meeting held Wednesday, January 23, 2008, at which time the Board made the following determinations: Victoria Jacqueney, Joseph Adams and Robert Prier appeared and testified. The Board received the following communications: 1. A Project Review Report dated January 16, 2008. 2. An interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by John Giardiello, P.E., Director, dated January 23, 2008. 3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated November 9, 2007. 4. Letters dated December 12, 2007, January 7, 15 and 17 (2) signed by Joseph Adams, with attachments.
The Board discussed the request and the submitted letters.
Public Comments: Stephen Honan, attorney for abutting property owner Christopher O'Rourke, discussed the Maintenance Easement Agreement of the November Meeting. He now learned that the agreement would now include use of the easement by Mrs. Jacqueney to her lot. Mr. Honen believes that he was not dealt with in good faith. The roadway is for limited access not for primary access and the agreement and map note should be noted as limited access. Mr. Honen would like to see the language before the Planning Board makes its decision.
A motion was made to close the Public Hearing portion of the meeting by Kevin Garvey seconded by Bruce Bond and carried as follows: Bruce Bond, aye, Anthony Iurica, aye, John Foody, aye, William Young, aye, Robert Dell, aye, Jeffrey Golda, aye, and Kevin Garvey, aye.
DECISION: In view of the foregoing, and the testimony before the Board, the applicant was GRANTED AN AMENDMENT TO THE PLANNING BOARD REQUIREMENT REGARDING THE ROADWAY MAINTENANCE AGREEMENT AND REPLACING THE NOTE ON THE PLAN WITH THE FOLLOWING LANGUAGE: A maintenance agreement shall be established and recorded in the Rockland County Clerk's Office for the increased use of the private road on the 25' wide easement, to result from the creation of the new lot designated as Lot 25.03, between the grantor and the owner of the new Lot 25.03, but otherwise the use and maintenance of the private road shall be governed by existing easements filed of record for this road subject, however, to the condition that the portion of the private road from the driveway entrance for the new Lot 25.03 to Gilbert Avenue shall be improved by being paved prior to issuance of any Certificate of Occupancy for a residence built on that lot, and further that the duly recorded agreement, by easement or otherwise, shall specify that the new owner of Lot 25.03 shall be responsible for maintaining the referenced portion of the private road from the driveway entrance for Lot 25.03 to Gilbert Avenue, which recorded agreement shall not be deemed to impose on the new owner of Lot 25.03 any further or additional duty or obligation to maintain any other portion of that road, which is or may be subject to pre-existing recorded easements benefiting third parties.
The foregoing Resolution was made and moved by Bruce Bond and seconded by Kevin Garvey and carried as follows: Bruce Bond, aye; Kevin Garvey, aye; Anthony Iurica, nay; William Young, aye; John Foody, aye; Robert Dell, aye and Jeffrey Golda, aye.
The Clerk to the Board is hereby authorized, directed and empowered to sign this Decision and file a certified copy in the Office of the Town Clerk and the Office of the Planning Board.
Dated: January 23, 2008 , Planning Board
TOWN OF ORANGETOWN PLANNING BOARD DECISION
Vicente Site Plan PB #07-62 Preliminary Site Plan Approval January 23, 2008 Subject to Conditions Page 1 of 11 Neg. Dec. `
TO: Steven Gamelsky, P.E. 100 Airport Executive Park, Suite 105 Nanuet, NY 10954
FROM: Orangetown Planning Board RE: The application of Jack Vicente, owner for Prepreliminary/Preliminary Site Plan Review to construct a two story single family dwelling with an attached two car garage, elevated walkway and fire access walkway on a vacant 0.7588 acre parcel. The Site is to be known as “Vicente Site Plan”, located in the critical environmental area, in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown, Chapter 21A of the code of the Town of Orangetown. The site is located on the west side of Route 9W in Upper Grandview, Town of Orangetown, Rockland County, New York and as shown on the Orangetown Tax Map as Section 71.17, Block 1, Lot 22 in the R-22 zoning district.
Heard by the Planning Board of the Town of Orangetown at meetings held October 24 and January 23, 2008, at which time the Board made the following determinations:
October 24, 2007 Steven Gamelsky and Joaquin Vicente appeared and testified. The Board received the following communications: 1. A Project Review Report dated October 17, 2007. 2. An interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by John Giardiello, P.E., Director, dated October 24, 2007. 3. An interdepartmental memorandum from the Department of Environmental Management and Engineering, (DEME) Town of Orangetown, signed by Bruce Peters, P.E., dated October 17, 2007. 4. A letter from HDR/LMS, signed by Harvey Goldberg, P.E., dated September 24, 2007. 5. Letters from the Rockland County Department of Planning, signed by Eileen Miller dated September 27,, 2007 and Salvatore Corallo, Commissioner of Planning, dated October 9, 2007. 6. A letter from Rockland County Department of Highways, signed by Joseph Arena, Principal Engineering Technician, dated October 1, 2007. 7. A letter from Rockland County Drainage Agency, signed by Edward Devine, Executive Director, dated September 14, 2007.
8. A letter from Rockland County Sewer District #1, signed by Joseph LaFiandra, Engineer II, dated September 24, 2007. 9. A letter from Rockland County Department of Health, signed by Scott McKane. P.E., Senior Public Health Engineer, dated September 28, 2007. 10. A letter from the Town of Orangetown, Zoning Board of Appeals, signed by William Mowerson, Chairperson, dated September 12, 2007. 11. An interdepartmental memorandum from the Office of Parks & Recreation, Town of Orangetown, signed by Richard L. Rose, Superintendent, dated September 14, 2007. 12. Short Environmental Assessment Form dated August 9, 2007, signed by Jack Vicente. 13. A Stormwater Management Plan prepared by The GEA Group, dated January 2007. 14. Plans prepared by The GEA Group, dated July 5, 2006: Drawing 1 of 4: Site Plan Drawing 2 of 4: Grading, Drainage and Soil Erosion Control Plan Drawing 3 of 4: Onsite Wastewater Treatment Plan & Details Drawing 4 of 4: Site Work Details
Public Comment: Ruth Josephs, 901 Route 9W, an abutting property owner, raised concerns regarding development of the site and potential water damage to the Route 9W and her property. Ms. Josephs alerted the Board to past tree cutting on the property without the appropriate permits.
The applicant requested a CONTINUATION of the application in order to fulfill the requests of the Board.
January 23, 2008 Steven Gamelsky and Joaquin Vicente appeared and testified. The Board received the following communications: 1. A Project Review Report dated January 16, 2008. 2. An interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by John Giardiello, P.E., Director, dated January 23, 2008. 3. An interdepartmental memorandum from the Department of Environmental Management and Engineering, (DEME) Town of Orangetown, signed by Bruce Peters, P.E., dated January 16, 2008. 4. A letter from HDR/LMS, signed by Harvey Goldberg, P.E., dated January 14, 2008. 5. A letter from the Rockland County Department of Planning, signed by Salvatore Corallo, Commissioner of Planning, dated January 23, 2008. 6. A letter from Rockland County Department of Health, signed by Scott McKane. P.E., Senior Public Health Engineer, dated January 10, 2008. 7. An interdepartmental memorandum from the Office of Parks & Recreation, Town of Orangetown, signed by Richard L. Rose, Superintendent, dated January 8, 2008. 8. A letter from New York State Department of Transportation, signed by Mary Jo Russo, P.E., Rockland County Permit Engineer, dated October 31, 2007 9. An interdepartmental memorandum from the Bureau of Fire Prevention, Town of Orangetown, signed by Michael B. Bettmann, Chief Fire Inspector, dated October 30, 2007. 10. Plans prepared by The GEA Group, dated July 5, 2006, revised December 17, 2007: Drawing 1 of 5: Site Plan Drawing 2 of 5: Grading, Drainage and Soil Erosion Control Plan Drawing 3 of 5: Onsite Wastewater Treatment Plan & Details Drawing 4 of 5: Site Work Details Drawing 4 of 5: Details
Public Comment: Ruth Josephs, 901 Route 9W, an abutting property owner, raised concerns regarding drainage issues that could occur if the site was developed. The area has a history of significant drainage problems. Ms Josephs requested the Board alert any agencies that may be involved in the analysis of the site of the potential drainage problems.
A motion was made to close the Public Hearing portion of the meeting by Bruce Bond and seconded by Kevin Garvey and carried as follows: Robert Dell, nay; Kevin Garvey, aye; Bruce Bond, aye; Anthony Iurica, nay; John Foody, aye; William Young, aye; and Jeffrey Golda, aye.
The proposed action is classified as an “unlisted action” as defined by Section 617.2 (ak) of the New York State Environmental Quality Review Regulations (SEQRR). No agency, other than the Orangetown Planning Board will have any significant involvement in the review process, pursuant to Section 617.6 of
SEQRA. On motion by Kevin Garvey and seconded by Bruce Bond and carried as follows: Robert Dell, nay; Kevin Garvey, aye; Bruce Bond, aye; Anthony Iurica, nay; John Foody, aye; William Young, aye; and Jeffrey Golda, aye, the Board declared itself Lead Agency.
The Orangetown Planning Board, as lead agency, determined that the proposed action will not have a significant impact on the environment and a Draft Environmental Impact Statement (DEIS) will not be prepared. The reasons supporting this determination are as follows: It will not have a significant impact upon the environment and a DEIS will not be prepared because the proposed action does not significantly affect air quality, surface or ground water quality, noise levels, drainage or existing traffic patterns. In addition, it will have no impact upon the aesthetics, agricultural or cultural resources of the neighborhood and no vegetation, fauna or wildlife species will be affected as a result of the proposed action. The proposed action is consistent with the Town's Master Plan and will not have any adverse economic or social impacts upon the Town of Orangetown.
On motion by Kevin Garvey and seconded by John Foody and carried as follows: Bruce Bond, aye; Anthony Iurica, nay; Robert Dell, nay; John Foody, aye; William Young, aye; Jeffrey Golda, aye and Kevin Garvey, aye the Board made a Negative Declaration.
DECISION: In view of the foregoing and the testimony before the Board, the application was GRANTED A PRELIMINARY SITE PLAN APPROVAL SUBJECT TO THE FOLLOWING CONDITIONS: 1. The Site Plan shall be signed and sealed by both a Professional Land Surveyor and a Professional Engineer. 2. The following note shall be placed on the Site Plan: “At least one week prior to the commencement of any work, including the installation of erosion control devices or the removal of trees and vegetation, a pre-construction meeting must be held with the Town of Orangetown Department of Environmental Management and Engineering, Superintendent of Highways and the Office of Building, Zoning and Planning Administration and Enforcement. It is the responsibility and obligation of the property owner to arrange such a meeting.”
3. The following note shall be placed on the Site Plan regarding Stormwater Management Phase II Regulations: Additional certification, by an appropriate licensed or certified design professional shall be required for all matters before the Planning Board indicating that the drawings and project are in compliance with the Stormwater Management Phase II Regulations. 4. All property slopes over 25% shall be calculated and half of that area shall be deducted from the gross lot area to produce a net lot area. The net lot area shall be used for Zoning Bulk, such as the calculation of Floor Area Ratio, and shall be provided in the Zoning Bulk Table. 5. The slope of the driveway can not exceed 10% and shall be labeled on the site plan as such. If a 10% maximum slope can not be achieved, then a variance from the Town of | ||||||||||