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TOWN OF ORANGETOWN PLANNING BOARD MEETING OF MAY 14, 2008
MEMBERS PRESENT: Robert Dell, Chairperson, Bruce Bond, Vice-Chairperson, Kevin Garvey, Anthony Iurica, John Foody, and William Young MEMBERS ABSENT: Jeffrey Golda 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 7:40 P.M. Mr. Bond read the agenda. Hearings as listed on this meeting's agenda which are made a part of these minutes, were held as noted below:
Walsh Subdivision Plan- PB #08-25- Granted- Request for 2nd 90 Day Extension to File Subdivision Plat with the Rockland County Clerk's Office; 64.20/1/3; R-40 zone
Collazo Minor Subdivision Plan-PB #08-26- Amendment to Grading & Utility Plan, Subject to Conditions, 73.05/1/60; R-15 zone
Capital Management Group Site Plan-PB #08-27-Consultation; 68.16/6/36;CS zone
SMK Subdivision Plan- PB #08-28- Final Approval Subject to Conditions/Neg. Dec. 77.10/1/20.1; R-15 zone
Wyeth Site Plan- PB #08-29- South Basin - Continued to May 28th Meeting; North basin - Continued to June 25th Meeting; 68.08/1/1; LI zone
Orangeburg Commons Site Plan-PB #08-30-Denied Requests and Amended the Final Planning Board Decision and Recommendation to the Town Board to Establish the Valve and Term of Performance Bond; 74.15/1/21; LI zone
The decisions of the April 23, 2008 Planning Board Meeting was reviewed, edited and approved. The motion for adoption was made and moved by Kevin Garvey and seconded by John Foody and carried as follows: Robert Dell, aye; Kevin Garvey, aye; Bruce Bond, aye; Anthony Iurica, aye; Jeffrey Golda, absent; John Foody, aye and William Young, aye. 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 Bruce Bond and second by Robert Dell and agreed to by all in attendance. The meeting was adjourned at 9:50 p.m. The next Planning Board meeting is scheduled for May 28, 2008.
DATED: May 14, 2008 Town of Orangetown Planning Board
PB #08-25: TOWN OF ORANGETOWN PLANNING BOARD DECISION
May 14, 2008: Walsh Subdivision - Request for the 2nd 90-Day Extension to File the Subdivision Plan 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 2nd 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, May 14, 2008, at which time the Board made the following determination: The Board received the following communications: 1. Project Review Committee Report dated May 7, 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 May 14, 2008. 3. An interdepartmental memorandum signed by Bruce Peters, P.E., Department of Environmental Management and Engineering (DEME), Town of Orangetown, dated May 8, 2008. 4. PB #07-38, Final Subdivision Approval Subject to Conditions, dated June 27, 2007. 5. A memo from Steven Bilheimer, P.E., DRR, dated January 23, 2008.
The Board discussed the 2nd 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, absent; and Jeffrey Golda, absent.
DECISION: In view of the foregoing, the Board GRANTED a 2nd 90 Day Extension in time to file the Walsh Subdivision with the Rockland County Clerk's Office, subject to the following conditions: 1. The applicant still needs to comply with PB Decision #07-18, condition 26 (“Out of District” sanitary sewer use permission for the Rockland county Sewer District #1, as well as all approvals from them). 2. A Performance Bond will be required. However, the bond can not be calculated until all of the conditions of Final Approval have been satisfied.
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, absent; and William Young, absent.
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: May 14, 2008 Town of Orangetown Planning Board
PB #08-26: TOWN OF ORANGETOWN PLANNING BOARD DECISION
May 14, 2008 - Collazo Subdivision Plan; Amendment to Grading and Utility Plan TO: Donald Brenner, Esq.;4 Independence Avenue, Tappan, NY 10983 FROM: Orangetown Planning Board RE: The application of Ruth Collazo, owner, for an Amendment to the Grading and Utility Plan to improve the site with 2 parking spaces in an alternate configuration than the original plan known as “Collazo Grading and Utility 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, Chapter 21 of the code of the Town of Orangetown. The site is located on 274 South Middletown Road, Pearl River, Town of Orangetown, Rockland County, New York and as shown on the Orangetown Tax Map as Section 73.05, Block 1, Lot 60 in the R-15 zoning district.
Heard by the Planning Board of the Town of Orangetown at a meeting held Wednesday, May 14, 2008, at which time the Board made the following determinations:
Donald Brenner and Ruth Collazo appeared and testified. The Board received the following communications: 1. A Project Review Report dated Mau 7, 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 May 14, 2008. 3. An interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated May 8, 2008. 4. A letter from Centerpoint Engineering, signed by Stuart Strow, P.E., dated May 8, 2008. 5. A Copy of the Approved Subdivision Plan prepared by Robert Sorace, PLS, dated February 8, 2002, revised March 18, 2004, File November 21, 2005. 6. A Copy of the Approved Grading & Utilities Plan and Construction Details Plan, prepared by Centerpoint Engineering, dated January 26, 2003, revised January 13, 2004. 7. A Revised Grading & Utilities Plan and Construction Details Plan, prepared by Centerpoint Engineering, dated April 21, 2008. 8. A copy PB #04-22, Final Planning Board Decision, Subdivision of Conditions, dated July 13, 2005.
The Board reviewed the 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 Kevin Garvey and seconded by Bruce Bond 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, absent.
The Board made a motion to Reaffirm its it's previoius decisions under the Section 617.2 (ak) of the New York State Environmental Quality Review Regulations (SEQRR).
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).
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.
The motion was made by Kevin Garvey and seconded by Bruce Bond and carried as follows: Bruce Bond, aye; Anthony Iurica, aye; Robert Dell, aye; John Foody, aye; William Young, aye; Jeffrey Golda, absent and Kevin Garvey, aye the Board Reaffirmed its Negative Declaration. DECISION: In view of the foregoing and the testimony before the Board, the application was GRANTED AN AMENDMENT TO THE GRADING AND UTILITY PLAN SUBJECT TO THE FOLLOWING CONDITIONS: 1. The Board required that the area of the proposed parking area be redesigned to allow 2 vehicles to park perpendicular as opposed to parallel parking. The Site Plan noting the parking area shall redrawn and reviewed and approved by the Town of Orangetown Building Department. The area for the parking area shall be approximately 18 feet by 20 feet.
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, absent; and William Young, 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: May 14, 2008
PB #08-27: TOWN OF ORANGETOWN PLANNING BOARD CONSULTATION
May 14, 2008 - Capital Management Group Site Plan; Consultation TO: Jay Greenwell, PLS; 85 Lafayette Avenue; Suffern, NY 10901 FROM: Orangetown Planning Board RE: The application of Thomas Mingone, Capital Management Group, applicant, for Joseph Sepkowski, owner, for Consultation for a Site Plan at a site to be known as “Capital Management Group Site 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, Chapter 21A of the code of the Town of Orangetown. The site is located at East Central Avenue, Pearl River, Town of Orangetown, Rockland County, New York and as shown on the Orangetown Tax Map as Section 68.16, Block 6, Lot 36 in the CS zoning district.
Heard by the Planning Board of the Town of Orangetown at a meeting held Wednesday, May 14, 2008, at which time the Board made the following determinations:
Jay Greenwell, Tom Mingone and Kier Leveque appeared and testified. The Board received the following communications: 1. A Project Review Report dated May 7, 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 May 14, 2008. 3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated May 8, 2008. 4. A letter from the Rockland County Department of Planning, signed Salvatore Corallo, Commissioner, dated May April 28, 2008. 5. Letters from Rockland County Highway Department, signed by Sonny Lin, P.E. dated April 7, 2008. 6. An interdepartmental memorandum from the Bureau of Fire Prevention, Town of Orangetown, signed by Michael B. Bettmann, Chief, dated May 2, 2008. 7. A Project Narrative, Site Plan for Capital Management Group, prepared by Jay A. Greenwell, PLS, LLC. 8. Consultation Layout Site Development Plan prepared by Jay Greenwell, PLS, LLC, dated February 7, 2008. 9. A Short Environmental Assessment Form, signed by Thomas Mingone, Capital Management Group, dated March 6, 2008. 10. Submitted at the meeting by the applicant, an Alternate Site Plan prepared by Jay Greenwell, PLS, LLC, dated April 16, 2008. 11. Submitted at the meeting by the applicant, a Zoning Analysis Plan prepared by Jay Greenwell, PLS, LLC, dated May 13, 2008, with photographs of surrounding properties.
The Board discussed the application. The Board advised the applicant to consider submitting the alternate plan for Planning Board review.
The Clerk to the Board is hereby authorized, directed and empowered to sign this CONSULTATION and file a certified copy in the Office of the Town Clerk and the Office of the Planning Board.
Dated: May 14, 2008
PB #08-28: TOWN OF ORANGETOWN PLANNING BOARD DECISION
May 14, 2008- SMK Subdivision Plan - Lot 20.1- (Raso Subdivision) Final Site Plan Approval Subject to Conditions TO: Jay Greenwell, PLS,85 Lafayette Avenue, Suffern, NY 10901 FROM: Orangetown Planning Board RE: The application of Sean Keenan, applicant, for Mark and Paul Raso, owner, for Prepreliminary/Preliminary/Final Subdivision Plan Review for a proposed two lot subdivision to be known as “SMK Subdivision”, as required in the Raso Subdivision Final Approval PB #06-76, Condition #7, requiring reappearance in front of the Planning Board for further subdivision of the property, 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 21 of the code of the Town of Orangetown. The site is located at 170 Old Tappan Road, Tappan, Town of Orangetown, Rockland County, New York and as shown on the Orangetown Tax Map as Section 77.10, Block 1, Lot 20.1 in the R-15 zoning district.
Heard by the Planning Board of the Town of Orangetown at a meeting held Wednesday, May 14, 2008, at which time the Board made the following determinations:
Jay Greenwell and Sean Keenan appeared and testified. The Board received the following communications: 1. A Project Review Report dated May 6, 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 May 14, 2008. 3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated May 8, 2008. 4. A letter from HDR, signed by Harvey Goldberg, Project Manager, dated April 28, 2008. 5. A letter from the Rockland County Department of Planning, signed Salvatore Corallo, Commissioner of Planning, dated April 16, 2008, with an attachment of a letter from the Rockland County Highway Department, signed by Joseph Arena, Principal Engineering Technician, dated September 25, 2006. 6. A letter from Rockland County Highway Department, signed by Joseph Arena, Principal Engineering Technician, dated April 28, 2008. 7. Letters from Rockland County Department of Health, signed by Scott McKane, P.E., Senior Public Health Engineer, dated April 8, 2008. 8. An interdepartmental memorandum Office of Parks & Recreation, Town of Orangetown, signed by Richard Rose, Superintendent, dated May 7, 2008. 9. A letter from the County of Rockland Sewer District #1, signed by Joseph LaFiandra, Engineer II, dated May 5, 2008. 10. A letter from the Town of Orangetown Zoning Board of Appeals, signed by William Mowerson, Chairperson, dated April 2, 2008. 11. A Short Environmental Assessment Form signed by Sean Keenan, dated March 4, 2008. 12. Hydraulic Analysis and Stormwater Design Calculations, prepared by Paul Gdanski, P.E., dated March 11, 2008. 13. A Copy of PB #06-76, Raso Minor Subdivision, Final Planning Board Approval Subject to Conditions, dated October 11, 2006. 14. SMK/RASO Plans prepared by Jay Greenwell, PLS, dated March 3, 2008: - Sheet 1: Subdivision of Property - Sheet 2: Grading, Drainage & Utility Plan with Erosion Control and Details
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; Kevin Garvey, aye; Anthony Iurica, aye; William Young, aye; John Foody, aye; Robert Dell, aye and Jeffrey Golda, absent.
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 Anthony Bruce Bond and seconded by Kevin Garvey and carried as follows: Bruce Bond, aye; Anthony Iurica, aye; William Young, aye; Robert Dell, aye; John Foody, aye; Jeffrey Golda, absent and Kevin Garvey, 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 Bruce Bond and seconded by Anthony Iurica and carried as follows: Bruce Bond, aye; Anthony Iurica, aye; Robert Dell, aye; John Foody, aye; William Young, aye; Jeffrey Golda, absent 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 FINAL APPROVAL SUBJECT TO THE FOLLOWING CONDITIONS:
1. The following note shall be placed on the Subdivision 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.” 2. The following note shall be placed on the Subdivision 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. 3. The Planning Board waives the review of the Town of Orangetown Architecture and Community Appearance Board of Review of the Subdivision Application. However, prior to any construction, grading or removal of trees on the site, the applicant must make application to ACABOR for review and approval of any construction on the site. 4. The Short Environmental Assessment Form appears to be in order. 5. The roof drains for lot #2 shall be shown on the Subdivision Plans. 6. The sight distance for the two proposed driveways shall be shown on the subdivision plans. 7. The existing 2½ story frame dwelling shall be removed from the property prior to the Clerk of the Planning Board signing the map. 8. The driveway for the proposed lots shall come off of Summit Avenue, not Old Tappan Road. 9. The drainage calculations are currently under review by DEME. However, although the calculations may indicate that only one drywell is needed, runoff from proposed lot #2 as well as the two proposed driveways, will not enter the proposed drywell on lot #1. The calculations also assume that the proposed square footage for the home on lot #1 will remain unchanged (i.e. a larger home will not be proposed when the homes are to be designed and built - this is unrealistic.) Therefore, a drywell for each lot shall be provided. The applicant's engineer shall consider capturing the flow from the driveway (so as not to allow sheet flow onto Summit Avenue.) 10. The applicant is reminded that the driveway for proposed lot #1 can be no closer than 50 feet from the intersection of Summit Avenue and Old Tappan Road. 11. Monuments shall be drawn and labeled at all subdivision corners and along the entire right of way. 12. Profiles for the proposed driveways shall be given on the subdivision plans. 13. The Drainage Consultant to the Planning Board has reviewed the drainage information submitted by the applicant and found that proposed drainage plan can achieve a zero net increase in runoff rate from the developed site and therefore recommends acceptance for drainage subject to the following conditions:
14. The Rockland County Department of Highways reviewed the plans and information provided and found that the proposed design as presented will have no foreseeable adverse impact upon the county highway system. 15. The Rockland County Department of Health (RCDOH) notes that approval is not needed for this project. 16. The Rockland County Sewer District #1 does not object to the plan as shown. This project does not affect any sanitary sewers within the District and request no future correspondence for this site. 17. Prior to signing the Subdivision Map, the applicant shall provide Money in Lieu of Recreational Land, in accordance with Section 21-20 of the Land Development Regulations of the Town of Orangetown; $9,000.00 for every new residential lot created. The applicant shall also provide money to be placed into the Stream Maintenance Fund, at the amount of $80.00 for every new residential lot created. 18. Public sewer mains requiring extensions within the right of way or an easement shall be reviewed and approved by the Rockland County Department of Health prior to construction. 19. Water scarce is a resource in Rockland County; thus proper planning and phasing of this project are critical to supplying the current and future residents of the Towns, Villages and County with an adequate supply of water. A letter from the public water supplier, stamped and sealed by a NYS licensed professional engineer, shall be issued to the municipality for this project, certifying that there will be a sufficient water supply during peak demand periods and in a drought situation. 20. If any public water supply improvements are required, engineering plans and specification for these improvements shall be reviewed by the Rockland County Department of Health, prior to construction. In order to complete an application for approval of plans for public water supply improvements, the water supplier must supply an engineer's report pursuant to the “Recommended Standards for Water Works, 2003 Edition,” that certifies their ability to serve the proposed project while meeting the criteria contained within the Recommended Standards for Water Works. These standards are adopted in their entirety in 10 NYCRR, Subpart 5-1, the New York State regulations governing public water systems. Both the application and supporting engineer's report must be signed and stamped by a NYS licensed professional engineer and shall be accompanied by a completed NYS Department of Health Form 348, which must be signed by the public water supplier. 21. The Rockland County Stream Control Act, Chapter 846, requires that all subdivision maps must be signed by the Chairman of the Rockland County Drainage Agency before the Rockland County Clerk will accept same for filing. 22. Prior to the start of construction or grading, a Soil Erosion and Sediment Soil Erosion and Sediment Control Plans and details shall be submitted to the Town of Orangetown Department of Environmental Management and Engineering for review and approval. The Soil Erosion and Sediment Control Plan shall meet the NYS Guidelines for Urban Erosion and Sediment Control. 23. There shall be no net increase in stormwater runoff from the site. 24. The following agencies do not object to the Town of Orangetown Planning Board assuming responsibilities of lead agency for SEQRA purposes: - Rockland County Department of Health - Town of Orangetown Zoning Board of Appeals - Rockland County Sewer District #1 25. The applicant shall comply with all pertinent items in the Guide to the Preparation of Subdivision Plats prior to signing the final plans. 26. All reviews and approvals from various governmental agencies must be obtained prior to stamping of the Subdivision Plan. 27. TREE PROTECTION: The following note shall be placed on the subdivision plan: The Tree Protection and Preservation Guidelines adopted pursuant to Section 21-24 of the Land Development Regulations of the Town of Orangetown will be implemented in order to protect and preserve both individual specimen trees and buffer area with many trees. Steps that will be taken to reserve and protect existing trees to remain are as follows: a. No construction equipment shall be parked under the tree canopy. b. There will be no excavation or stockpiling of earth underneath the trees. c. Trees designated to be preserved shall be marked conspicuously on all sides at a 5 to 10 foot height. d. The Tree Protection Zone for trees designated to be preserved will be established by one of the following methods: ● One (1) foot radius from truck per inch DBH ● Drip line of the Tree Canopy. The method chosen should be based on providing the maximum protection zone possible. A barrier of snow fence or equal is to be placed and maintained one yard beyond the established tree protection zone. If it is agreed that the tree protection zone of a selected tree must be violated, one of the following methods must be employed to mitigate the impact: ● Light to Heavy Impacts - Minimum of eight inches of wood chips installed in the area to be protected. Chips shall be removed upon completion of work. ● Light Impacts Only - Installation of ¾ inch of plywood or boards, or equal over the area to be protected. The builder or its agent may not change grade within the tree protection zone of a preserved tree unless such grade change has received final approval from the Planning Board. If the grade level is to be changed more than six (6) inches, trees designated to be preserved shall be welled and/or preserved in a raised bed, with the tree well a radius of three (3) feet larger than the tree canopy. 28. All landscaping shown on the subdivision plans shall be maintained in a vigorous growing condition throughout the duration of the use of this site. Any plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season. 29. Prior to the commencement of any site work, including the removal of trees, the applicant shall install the soil erosion and sedimentation control as required by the Planning Board. Prior to the authorization to proceed with any phase of the site work, the Town of Orangetown Department of Environmental Management and Engineering (DEME) shall inspect the installation of all required soil erosion and sedimentation control measures. The applicant shall contact DEME at least 48 hours in advance for an inspection. 30. The contractor's trailer, if any is proposed, shall be located as approved by the Planning Board. 31. If the applicant, during the course of construction, encounters such conditions as flood areas, underground water, soft or silty areas, improper drainage, or any other unusual circumstances or conditions that were not foreseen in the original planning, such conditions shall be reported immediately to DEME. The applicant shall submit their recommendations as to the special treatment to be given such areas to secure adequate, permanent and satisfactory construction. DEME shall investigate the condition(s), and shall either approve the applicant's recommendations to correct the condition(s), or order a modification thereof. In the event of the applicant's disagreement with the decision of DEME, or in the event of a significant change resulting to the subdivision plan or site plan or any change that involves a wetland regulated area, the matter shall be decided by the agency with jurisdiction in that area (i.e. Wetlands - U.S. Army Corps of Engineers). 32. Permanent vegetation cover of disturbed areas shall be established on the site within thirty (30) days of the completion of construction. 33. Prior (at least 14 days) to the placing of any road sub-base, the applicant shall provide the Town of Orangetown Superintendent of Highways and DEME with a plan and profile of the graded road to be paved in order that these departments may review the drawings conformance to the approved construction plans and the Town Street Specifications 34. The Planning Board shall retain jurisdiction over lighting, landscaping, signs and refuse control.
The foregoing Resolution was made and moved by Kevin Garvey seconded by Jeffrey Golda and carried as follows: Bruce Bond, aye, Anthony Iurica, aye, William Young, aye, John Foody, aye, Robert Dell, aye, Jeffrey Golda, absent and Kevin Garvey, 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: May 14, 2008
State Environmental Quality Review Regulations NEGATIVE DECLARATION Notice of Determination of Non-Significance This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Regulation) of the Environmental Conservation Law. The PLANNING BOARD, TOWN OF ORANGETOWN, as Lead Agency, has determined that the proposed action described below will not have a significant impact on the environment and a Draft Environmental Impact Statement will not be prepared. NAME OF ACTION: SMK/Raso Subdivision Plan SEQR STATUS: Type I _________ Unlisted XXXXXX CONDITIONED NEGATIVE DECLARATION: Yes _______ | |||||||||
