RESOLUTION NO. 500
ADOPT LOCAL LAW NO. 13 OF 2025, AMENDING CHAPTER 43, § 2.2, OF THE ZONING LAW OF THE TOWN OF ORANGETOWN TO CHANGE THE ZONING DISTRICT OF 77 E. CENTRAL AVENUE AND 80-84 E. WASHINGTON AVENUE, PEARL RIVER, TAX LOTS 68.16-6-13.1, 13.2 and 13.3 FROM THE EXISTING RG AND CS TO PLANNED ADULT COMMUNITY (PAC) PURSUANT TO CHAPTER 43, §4.6 OF THE TOWN CODE
WHEREAS, the Town Board of the Town of Orangetown (the “Town Board”) is the duly elected legislative body of the Town, authorized to adopt zoning text amendments to the Town’s Zoning Law; and
WHEREAS, Tri Bee 2 Ltd., the owner of premises located at 77 East Central Avenue and 80-84 Washington Avenue in the hamlet of Pearl River, Tax Lots 68.16-6-13.1, 13.2 and 13.3 being located in the “RG” (Residence-General) and “CS” (Community Shopping) zoning districts, has petitioned the Town Board to amend the zoning classification of the property to the overlay district of “PAC” (Planned Adult Community), zoning district under the PAC zoning regulations set forth in Chapter 43, Article IV of the Town Code; and
WHEREAS, after notice duly given, and no other involved agency having expressed a desire or intention to act as Lead Agency, or otherwise having contested the Town Board’s authority to act in that capacity with respect to the referenced action, the Town Board assumed the role of Lead Agency for environmental review in connection with the action; and
WHEREAS, by resolution duly adopted of even date herewith, but prior to the adoption of this resolution, the Town Board, acting in its capacity as Lead Agency for environmental review, concluded that there will be no significant environmental impacts or effects caused or occasioned by the change in the zoning classification of the subject parcel and its eventual improvement with a combination of office/retail uses and active adult or senior residential housing; and
WHEREAS, in addition to the Petition, the Town Board also has considered, among other things, the following documents and/or comments in furtherance of its obligation to evaluate whether the proposed site is both eligible and appropriate for PAC zone designation:
- A project description, Proposed Site Plan (with proposed bulk and lot controls);
- A traffic impact report from Harry Baker & Associates, dated March 12, 2025;
- A vicinity map;
- An area analysis provided by Joseph Sclafani, Joyce Realty
- Full Environmental Assessment Form
- The comments of the Rockland County Planning Department pursuant to GML §239 l & m, dated November 25, 2025;
- The comments of the Town of Orangetown Planning Board, dated November 12, 2025;
and,
WHEREAS, the members of the Town Board, in general terms, are also each personally familiar with the location of the proposed development, including its proximity to the nearby roadways, parking and other development in the area; and
WHEREAS, following notice duly and properly given, a public hearing was conducted on the Petition, at which the Petitioner provided testimony and other evidence regarding various
aspects of the mixed use proposed for the site under consideration, including consultants on design, market absorption, taxes and other such matters; and
WHEREAS, on the public hearing, members of the public were afforded the opportunity to speak concerning the proposed zone change and contemplated development, and
WHEREAS the Town Board has considered both the need for active adult housing within the Town as contemplated by the adoption of the PAC zoning classification, and the likely impact of such a development on the downtown Pearl River area;
NOW, BASED ON ALL OF THE INFORMATION BEFORE THE BOARD, AND THE FINDINGS HEREINAFTER MADE, BE IT RESOLVED, that the Town Board hereby adopts Local Law No. 13 of 2025, amending the Town’s zoning map and zoning law to change the zoning classification from CS (Community Shopping) to PAC (Planned Adult Community) that certain property located in the Hamlet of Pearl River, identified as 77 East Central Avenue and shown on the tax map of the Town of Orangetown as Tax Lot 68.16-6-13.3; and to change the zoning classification from RG (Residence General) to PAC (Planned Adult Community) that certain property located in the Hamlet of Pearl River identified as 80-84 Washington Avenue and shown on the tax map of the Town of Orangetown as Tax Lot 68.6-6-13.1 and 68.6-6-13.2, subject to the findings and conditions set forth below.
Specific Findings Relating to the Instant Petition
Pursuant to Chapter 43, Subsection 4.6.12, the Town Board makes the following specific Findings of Fact, pertaining to the instant Petition:
Marketability of the Proposed Units
Based on the market information provided by the Petitioner, it appears that there presently is a need for rental housing in the downtown Pearl River area, meeting the specific needs and concerns of those in the 55 and older active adult age group. As of the date of this resolution, in the Town of Orangetown, there have been other sites that have been re-zoned for a Planned Adult Community use worthy of note for consideration here, in particular a site known as “Skyline Plaza” located essentially next on Central Avenue not far from the subject site at a former movie theater with approximately 14 rental units. In addition, a site located on and between Main and William Streets in downtown Pearl River known as “Dionne’s Way” provides for 16 rental units. Both of these sites are in downtown Pearl River and are believed to be fully occupied. Those sites, as well as the subject site, which provide walking access to restaurants, shopping, and both rail and bus transportation.
Potential Saturation Within and About the Geographic Area of the Proposed Zoning Amendment.
Based on the findings set forth above, and other analyses relating to the number of eligible prospective occupants for the 20 units from within and without the Town, and the need for active adult rental housing in the relevant market area, the Town Board concludes that the approval of the instant zoning amendment, permitting the construction of up to 20 active adult housing units, will not saturate the neighborhood in which the site is located.
Suitability of the Site for Senior Housing; Vehicular Access, Transportation, Walking and Traffic Concerns in General.
The proposed residential component of the development will be age restricted and consist of 20 rental apartments above one or more ground floor community shopping / retail units.
The site is located in downtown Pearl River, convenient to mass transportation, downtown shopping and dining and other activities.
The apartments are moderately sized 16 one-bedroom and four two-bedroom units, in the 750 to 1000 sq. ft. range — and, thus, are not likely to attract more than 2 to 3 occupants each. They will be serviced by an elevator, and, as such, particularly suited to the active adult population.
Based on the letter report of Harry Baker & Associates, the proposed mixed use will generate 13 vehicle trips during the AM peak hour and 14 vehicle trips during the PM peak hour. There will be minimal impact on surrounding intersections based upon the analysis.
Parking
The project provides for 53 parking spaces on site. For the residential aspect of the project, 30 spaces are required by statute. However, 25 additional spaces are required for parking for the commercial occupants on the first floor, for a total of 55. The proposed on-site parking is 2 less spots less than what is required, although 34 of the spaces are “stacked” parking. Chapter 43, §4.69(B)(1) of the Town Code related to PAC zoning provides that the Town Board may modify the lot and bulk controls, which includes parking. §4.63 (C) specifically permits mixed use buildings including ground floor uses such as retail stores, personal service establishments, offices and restaurants, however, the parking requirements for same are not specified, although under the previous zoning, the commercial aspect would require 1 space per 200 sf of commercial space. The PAC only indicates 1.5 spaces for dwelling unit. As part of this approval and the authority to modify lot and bulk controls in PAC Zones, including mixed use projects, the Board hereby adopts the minimum off-street parking requirements for this project to be 1.50 parking spaces per dwelling unit, making the requirement of parking for the residential aspect of the project 30 spaces. The current plans indicate that 10 spaces will be dedicated for the commercial/retail uses on the first floor, which the Town Board considers satisfactory. The nearby on street parking on Central Avenue is adequate to address the parking needs for the commercial units below, as well as available overnight permits for nearby overnight municipal parking areas to address any additional parking needs for the residential use.
Compatibility of a Planned Adult Community Project With the Surrounding Environment.
The proposed senior housing component of the project is compatible with the surrounding uses which include a mix of commercial, retail, dining and residential uses.
The Petitioner has presented to the Town Board a proposed site development plan prepared by Jay A. Greenwell, PLS, building and parking, with the existing, and proposed lot and bulk controls.
Maximum Unit Count
By reason of the proposed site development plan, the Town Board further establishes 20 units as the maximum number of residential units permitted on the site.
Other Findings and Conditions
Site Development Plan and Other Required Municipal Approvals
The adoption of this resolution granting the requested zoning amendment from CS to PAC based upon the site development plan dated 11/01/2024 and last revised 08/07/25 by Jay Greenwall, PLS and related materials is not intended, nor shall it be interpreted, to circumvent or usurp the authority of the Planning Board or of any other land use board having authority over site specific details. The petitioner must apply for and receive all appropriate site development plan approvals and abide by any and all conditions thereof, including but not limited to land reserved for recreation or money in lieu thereof pursuant to Chapter 21A-9.1(E) of the Town Code.
Age Limitations-Under the PAC Designation
As required by Chapter 43, Article IV, § 4.6.5 of the Town Code, occupancy of the units to be developed on the site as a result of this zoning amendment shall be restricted to persons 55 years of age or older, or couples, one of whom is 55 years of age or older. Persons less than 21 years of age shall not be permanent residents under any circumstances. Households containing one or more adult handicapped persons (over the age of 21) shall also be eligible.
The Petitioner, prior to the conveyance of the first unit, shall file with the Rockland County Clerk, in a form both recordable and acceptable to the Town Attorney, a covenant, which shall run with land and bind all Petitioners and subsequent Petitioners, restricting the occupancy of the units within the PAC development as set forth in this resolution.
Parking
As addressed infra, in connection with the Board’s review of the County Planning Department’s comments, the housing units, and the occupant’s thereof, are subject to whatever parking regulations shall apply, now or in the future, within the downtown area for on street parking, including those that limit overnight parking. Nothing in this Local Law is intended to, nor shall it, absolve any person of the obligation to comply with such regulations. The Board finds that Chapter 24 of the Town Code provides for 24/7 parking permits which may alleviate parking issues for residents of the proposed project.
Contribution Toward Parking Improvements
In recognition of the immediate impact upon municipal parking imposed by the proposed zone change and development, this zone change is expressly conditioned on payment by the Petitioner for the benefit of the Pearl River Parking District the sum of $5,000.00, the full sum to be paid prior to the signing of an approved Site Plan as approved by the Planning Board.
Maximum number of bedrooms per unit
The building shall consist of one and two bedroom units only, no three or more bedroom units are permitted. The building shall have no more than 16 two-bedroom units. The Planning Board shall determine the location, size and distribution of the units as part of its site plan review, with these conditions applicable.
Lot and Bulk Controls
Pursuant to Town Zoning Law § 4.69(B), the Town Board hereby modifies the lot and bulk controls for this site, which is a “redevelopment site within a CS District”, and establishes as the applicable lot and bulk controls those that appear on the site development plan submitted by the Petitioner.
The Lot and Bulk controls for this zone change are therefore as set forth below. Items marked with an ^ will require a variance from the lot and bulk requirements established. Items marked with a * are hereby modified in accordance with §4.69(B)(1). All others are as determined pursuant to this Local Law:
| REQUIRED Per §4.69(A)
|
PROVIDED AND ESTABLISHED PURSUANT TO THIS LOCAL LAW Per §4.69(B)
|
|
| Minimum Lot Area
|
1 Arce | .7392 acre |
| Base Density | 6 Dwelling Units Per Acre | 20 units (27.1 dwelling units per acre) |
| Potential Bonus Density*
|
1 dwelling unit per acre | N/A |
| Maximum Floor Area Ratio
|
.40 | .9095 |
| Maximum Building Coverage
|
TBD | 33% |
| Minimum Open Space
|
TBD | 0% |
| Maximum Building Height | is 2 stories or 35 feet, unless otherwise specified by Town Board as part of PAC approval, in which 3 stories may be allowed | 3 stories |
| Minimum Perimeter Buffer
|
TBD | 5ft |
| Minimum Yards | Unless otherwise specified by the Town Board as part of PAC approval, the following yards shall be provided;
|
|
| Minimum Front Yard
|
TBD | 0 feet |
| Minimum Side Yard
|
TBD | 5 feet |
| Minimum Rear Yard
|
TBD | 0 feet |
| Minimum Street Frontage
|
100 feet | 100 feet and 61 feet |
| Minimum Off-Street Parking
|
1.5 spaces per dwelling unit | 1.5 spaces per dwelling unit |
| Minimum Indoor/Outdoor Recreation
|
TBD
|
NONE
|
| Minimum Distance
|
TBD | N/A |
A motion was made to modify the Minimum Lot Area, Base Density, Maximum Floor Area ratio and other bulk requirements as provided above pursuant to §4.69(B)(1). The motion was made by Councilman Dan Sullivan, which was Seconded by Councilman Brian Donohue. On a roll call vote, the votes were as follows:
Councilman Bottari – Absent
Councilman Donohue – Aye
Councilman Sullivan – Aye
Councilman Valentine – Aye
Supervisor Kenny – Aye
The motion passed by a supermajority vote of four (4).
Rockland County Planning Department Conditions
The Town Board has received, and has considered, the General Municipal Law § 239 l & m review letter, dated November 25, 2025 submitted by the Rockland County Department of Planning, and responds to its comments and conditions as follows:
County Comment 6 indicates that some items required pursuant to Section 4.612(A) were not provided such as delineation of various residential areas, such as a schematic of the water, sanitary sewer and stormwater management systems, market analysis, and peak-hour traffic generation.
Response: The Town Board hereby votes to override County Planning Comment No. 6. The basis for this override is that some of the items mentioned are not applicable or necessary for evaluation of this particular zone change application. Several items referenced by the County are applicable to new construction projects. This petition relates to a property that is already developed with water and sewer service, any issues related thereto can be addressed as part of site plan review. In addition, items such as peak-hour traffic generation, analysis of market demand, and stormwater management system as well as others have been provided by the applicant as part of the supplemental materials submitted with the petition. Any other items referenced may be addressed as part of the site plan review.
A motion was made to OVERRIDE County Planning Comment Number 6 for the reasons set forth above. The motion was made by Councilman Brian Donohue, which was Seconded by Councilman Dan Sullivan. On a roll call vote, the votes were as follows:
Councilman Bottari – Absent
Councilman Donohue – Aye
Councilman Sullivan – Aye
Councilman Valentine – Aye
Supervisor Kenny – Aye
The motion passed by a supermajority vote of four (4).
County Comment 8. To the extent not already addressed, with Town Board hereby determines that 10 parking spaces dedicated to on-site retail are sufficient for the proposed project.
The applicant must adhere to and address any other conditions as set forth in the County Planning letter as part of the site plan approval process.
Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Brian Donohue and on a roll call was Adopted:
Motion: 4 – 0
Ayes: Councilperson Paul Valentine, Councilperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M. Kenny
Noes: None
Absent: Councilperson Jerry Bottari