Meeting Overview

Meeting  of July  22, 2015

Town  of Orangetown    Planning   Board

 

 

MEMBERS   PRESENT:  Kevin Garvey,  Chairman;  Thomas  Warren; Michael  Mandel;  Stephen  Sweeney  and Robert  Dell

 

MEMBERS  ABSENT:   Bruce  Bond, Vice Chairman  and William  Young

 

 

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

 

 

Kevin Garvey,  Chairman,  called the meeting  to order at 7:30 p.m.

Mr. Garvey  read the agenda.   Hearings  as listed on this meeting’s  agenda which are made a part of these  minutes were  held as noted below:

 

Items:

Virginia Homes Subdivision Pian Request for Two 90 day Extensions in Time to File the Subdivision Plan

with  Rockland  County Clerk’s  Office

Williams  Street & Sparkill  Avenue,  Sparkill

77.08/5/33.2  & 36; RG zoning  district

 

Holt Construction Corporation Site Plan

Final Site Plan Review

23 & 50 East Washington  Ave.,  Pearl River

68.16/6/6  & 68.16/4/34;  CS zoning  district

 

Pearl River Properties

internal  Commercial  Subdivision Plan

Prepreliminary/ Preliminary/ Final Subdivision Plan

 

 

Granted Two 90 Day Extensions

 

Final Site Plan Approval Subject to Conditions

 

 

 

Final Internal Commercial Subdivision Plan

 

PB #15-30

 

 

PB #15-31

 

 

PB #15-32

 

and SEQRA  Review

73 Route 304, Pearl River

68 .19/4/16;  CO zoning  district

Approval Subject to

Conditions/ Neg. Dec.

 

The Shops at Orangeburg  Commons

Site Pian Final Site Plan Review

2 Greenbush  Road, Orangeburg

74.15/1 /22; LI zoning  district

 

Final Site Plan Approval Subject to Conditions

PB #15-33

 

Orangeburg  Commons  Site Plan

Amendment to the Final Site Plan Review

170 Route 303, Orangeburg

74.15/1/21;   Route 303 Overlay Zone and LI zoning  district

Final Site Plan        PB #15-34

Amendment

Approval Subject to Conditions

 

Bracken Site Plan

Critical  Environmental  Area

Prepreliminary/ Preliminary/Final Site Plan

and SEQRA  Review

31 Tweed  Boulevard,  Upper Grandview

Replacement  of Retaining  Wall and Patio

71.09/1/43;  R-22 zoning  district

 

Postponed

to Sept. 9TH

Meeting

PB #15-35

 

~

IS ?  MB    !   dJS !inlfZ

 

Meeting   of July  22, 2015

Town  of Orangetown    Planning   Board

-2-

 

 

 

4-6 Dexter Park Internal Commercial  Subdivision Plan Prepreliminary/   Preli mi nary/ Final Subdivision Pian

 

Final Internal Commercial Subdivision Plan

PB #15-36

 

and SEQRA  Review

4-6 Dexter Plaza,  Pearl River

68.20/1/1 ./40; LI zoning district

 

60 –  70 West Dexter Plaza Condominium

Approval Subject to

Conditions/ Neg. Dec.

 

 

 

PB #15-37

 

Interior  Commercial  Subdivision Prepreiiminaryf Preliminary/ Final Subdivision Pian	Plan	Final Internal Commercial Subdivision Plan
and SEQRA  Review		Approval Subject to
60 – 70 Dexter  Plaza,  Pearl River 68.20/1/1./30;   LI zoning  district		Conditions/  Neg. Dec.

 

Merritt Subdivision  Plan

Final Subdivision Plan Review

390 Ehrhardt  Road and

17 Merritt  Drive, Pearl River

64.18/1/78.1   and 78.3;  R-15 zoning  district

 

The Club at Pearl River Amendment to Approved Site Plan New location  of Water Main Subject Prepreiiminary/ Preliminary

Final Review and SEQRA Review

Blue Hill Road South and

Veterans  Memorial  Drive, Pearl River

73.10/1/4;  PAC & OP zoning  districts

PB #15-38

Final Subdivision Plan

Approval Subject to Conditions

 

 

 

PB #15-39

Final Site Plan Approval to Conditions Reaffirmation  of SEQRA

 

Brightview Senior Living  Tappan Site Plan

Prepreliminary/ Preliminary Site Plan

and SEQRA Review

31 Hunt Road, Pear! River

73.15/1/1 O;  R-80 zoning district

 

American  Legion Site Plan Prepreliminary/ Preliminary Site Plan and SEQRA  Review

Ancillary  Parking  Facility  Plan

61 Hunt Road, Pearl River

73 .15/1/2; R-80 zoning  district

Continued  to

Sept. 9th  Meeting

 

Continued  to

Sept. 9th  Meeting

PB #15-40

 

PB #15-41

 

One Ramland Road Site Plan Amendment

Generator location

Prepreliminary/ Preliminary/ Final Site Plan Amendment Plan and SEQRA Review

1   Ramland  Road, Orangeburg

73.20/1/24;  LIO zoning  district

PB #15-42

Preliminary Site Plan

Approval Subject to

Conditions/ Neg. Dec.

 

Meeting  of July  22, 2015

Town  of Orangetown    Planning   Board

-3-

 

 

Other  Business:

 

MT A Cell  Tower  at the  Pearl  River  Train  Station   Parking   Facility   located  at

138-144  South  Pearl Street,  Pearl River; Section  68.20,  Block 5, Lot 71.

 

The Board reviewed  a letter from  IV! Telecom  Services,  dated June 26,  2015 signed  by Andrew  Maziarski,  Cultural  Resources  Manager.   The Mr. Maziarski wrote the letter on behalf of the MTA to solicit the Boards  input concerning  the proposed  construction  of a 180 foot monopole  telecommunication   tower  and ancillary  equipment  at the Pearl River Train Station  property  and potential impacts  on historic  architectural  and/or  archaeological   resources.

 

After  review of the submitted  information  and plan, the Board held that the proposed  180 foot monopole  telecommunication   tower  and ancillary  equipment at the Pearl River Train Station  property  was out of scale and inappropriate  with the surrounding  neighborhood  architectural  features.

 

 

 

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 Stephen  Sweeney  and seconded  by

DATED: July 22, 2015             ~,       .              .                                                       ~        –v,;_.                                  \1-

Kevin Garvey,  Chairman,  and agreed to by all in attendance.  The meeting  was

adjourned  at 9:40 p.rn,  The next Planning Board meeting is scheduled for

September 9, 2015.

 

 

Cheryl Coopersmith                                                       r

Chief Clerk Boards and Commissions

 

PB#15-30:   Virginia   Homes  Subdivision    –  Granted   Two  90 Day Extensions

(180 Days)  to  File the  Subdivision    with the  Rockland   County   Clerk’s   Office

 

 

Town  of Orangetown    Planning    Board  Decision

July 22, 2015

Page  1of1

 

TO:

 

FROM:

Jay Greenwell,   PLS,  85 Lafayette  Avenue,  Suffern, New York  10901

Town  of Orangetown   Planning  Board

 

 

RE:                Virginia   Homes  Subdivision   Plan: The application  of Jay Greenwell, applicant,  for Two 90 Day Extensions  to File the Subdivision  Plan with the Rockland  County  Clerk’s  Office,  at a site to be known as “Virginia  Homes 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,

Chapter  21 of the Code of the Town of Orangetown.   The site is  located on the south side of Williams  Street  at the intersection  of William  Street and Sparkill Avenue,  Sparkill,  Town  of Orangetown,   Rockland  County,  New York, and as shown  on the Orangetown  Tax Map as Section  77.08, Block 5, Lots 33.2 & 36 in the RG zoning  district.

 

Heard by the Planning  Board of the Town  of Orangetown  at a meeting  held Wednesday, July 22, 2015, at which  time the Board made the following determinations:

 

 

The Board  received the following  communications:

1. A Project Review Committee  Report dated July 15, 2015.
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 July 22,  2015.
3. An interdepartmental memorandum   from the Department  of Environmental

Management   and Engineering  (DEME),  Town  of Orangetown,  signed  by

Bruce  Peters,   P.E.,  dated  July 16,  2015.

4. A copy of PB #13-43, Final Subdivision  Plan Approval  Subject  to Conditions, dated  October  16, 2013.

 

DECISION:  In view of the foregoing,  the Board Granted Two 90 Day Extensions  to file  the Subdivision   Plan with the Rockland  County  Clerk’s Office.

 

The foregoing   Resolution   was made and moved  by Thomas  Warren  and seconded  by Stephen  Sweeney  and carried as follows:   Kevin Garvey,  Chairman, aye;  Bruce Bond,  Vice Chairman,   absent; William  Young,  absent;  Robert Deil, aye; Stephen  Sweeney,  aye; Michael   Mandel,   aye and Thomas  Warren,   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:July22,2015               (\     ~n11,fl        ~–

Cheryl Coopersmith             ~       ~   w{-“

Chief  Clerk  Boards and Commissions

 

PB #15-31:  Holt  Construction   Corporation    Site  Plan:  Final  Site  Plan

Approval   Subject   to Conditions

 

 

Town  of Orangetown    Planning   Board  Decision

July  22, 2015

Page 1of9

 

TO:

FROM:

John Atzl, 234 North Main Street, New City, New York

Orangetown  Planning  Board

 

 

RE:                 Holt Construction  Corp. Site Plan: The application  of Holt Construction  Corporation,  applicant,  for John  F. Holt, owner,  (Patricia  Zugibe, attorney  for the applicant),  for Final Site Plan Review,  at a site to be known as “Holt  Construction Corp. 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  on the 23 & 50 East Washington  Avenue,  Pearl River, Town  of Orangetown,   Rockland  County,  New York, and as shown on the Orangetown  Tax Map: Section  68.16,  Block 6, Lot 6 & Section  68.16,  Block 4, Lot 34; CS zoning district.                                                                                                                          1

 

Heard by the Planning  Board of the Town  of Orangetown  at a meeting  held

Wednesday, July  22, 2015, the Board made the following  determinations:

 

 

John Atzl and William  Holt appeared  and testified. The Board received  the following  communications:

1. Project Review Committee  Report dated July 15,  2015.
2. An interdepartmental memorandum  from the Office of Building, Zoning, Planning  Administration   and Enforcement,  Town  of Orangetown,  signed  by John Giardielio,  P.E., Director,  dated  July 22, 2015.
3. An Interdepartmental memorandum  from the Department  of Environmental

Management   and Engineering  (DEME),  Town  of Orangetown,  signed  by

Bruce  Peters,  P.E., dated July  16, 2015.

4. A letter from Brooker Engineering, signed  by Kenneth  DeGennaro,  P.E., dated

July 21, 2015.

5. A letter from the Rockland County Department  of Planning,  signed  by

Douglas  Schuetz,  Acting  Commissioner  of Planning,  dated July  14, 2015.

6. A letter from the Rockland County Department  of Highways,  signed  by

Sonny  Lin, P.E., dated  July 20, 2015.

7. A letter from the Rockland County Department  of Health, signed  by

Scott  McKane,  P.E., Senior  Public Health  Engineer,  dated June 23, 2015.

8. A letter from Atzl, Nasher & Zigler P.C., dated April 23, 2015.
9. An Email from Sandy and Thomas O’Brien, East Washington  Avenue,  Pearl . River.
10. Copies of the following Board Decisions:  ACABOR  #15-35,  Approved  Subject to Conditions,  dated June  18, 2015;  ZBA#15-45,  Front Yard,  Side Yard, Total

Side Yard, Rear Yard, Section  3.11 Note 2 Buffer and Section  6.33 Location  and

ownership  Variances  Approved,  dated  June 3, 2015 and PB#15-16,  Preliminary

Site Plan Approval  Subject  to Conditions,  Neg. Dec., dated April 22, 2015.

11. Holt Construction Corp. Site Plans, prepared  by Atzl,  Nasher & Zigler P.C. dated  February  19, 2015,  last revised  June 5, 2015:

Drawing  1  of 5: Existing Conditions Drawing  2 of 5: Site  Development   Plan Drawing  3 of 5: Detail Plan

Drawing  4 of 5: Erosion  and Sediment  Control  Plan

Drawing  5 of 5: Landscaping  & Lighting  Plan

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IS  6   M8    1     d1S sml

 

PB #15-31:  Holt  Construction     Corporation    Site  Plan:  Final  Site  Plan

Approval  Subject to Conditions

 

 

Town  of Orangetown    Planning   Board  Decision

July  22, 2015

Page 2of9

 

 

The  Board reviewed  the plan and photographs. The hearing was then opened  to the Public.

There  being no one from the Public, a motion was made to close the Public Hearing  portion of the meeting  by Thomas  Warren  and seconded  by Stephen Sweeney  and carried  as follows:  Kevin  Garvey,  Chairman,  aye; Bruce Bond, Vice Chairman,  absent; William  Young,  absent;  Thomas  Warren,  aye and Stephen Sweeney,  aye; Michael  Mandel,  aye and Robert  Dell, aye.

 

DECISION: In view of the foregoing and the testimony before the Board, the application  was granted a Final Site Plan Approval  Subject  to the Following Conditions:

 

1. 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”.

 

2. 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 prdject  are in compliance  with the Stormwater  Management   Phase  II Regulations.     i

I

3. The applicant shall comply with all applicable  and previous  Board Condttlons:

ACABOR  #15-35,  Approved  Subject  to Conditions,  dated June  18, 201i5; ZBA#15-45,   Front Yard, Side Yard, Total Side Yard,  Rear Yard,  Section  3.11

Note 2 Buffer and Section  6.33 Location  and ownership  Variances  Approved,

dated June 3, 2015  and PB#15-16,  Preliminary  Site Plan Approval  Subject to

Conditions,  Neg. Dec., dated  April 22, 2015.                                         ;

 

4. The Stormwater Management   Design Report is under  review by DE~E, however,  page 2, Section  4.1 “existing  conditions”  states that the drainaqe  area delineation  is shown  on map E-1 (of the drainage  report)  but there  is n9 clear delineation  of the drainage  areas  on said map.  This shall be corrected,   Also, perc tests and soil tests shall  be performed  in the areas  of the proposed infiltration  system,  to ensure the adequacy  of the design.   The design storm numbers  used in the design  report shall coincide  with the new New Yotk State

Stormwater Management Design Manual – January 2015 (i.e. 1 yr. –  2.18,    1 Oyr.-

5.2.  1 OOyr. –  9.2)                                                                                                       I

 

I

I

 

PB #15-31:  Holt  Construction   Corporation  Site  Plan:  Final  Site  Plan

Approval    Subject   to Conditions

 

 

Town  of Orangetown    Planning   Board  Decision

July  22, 2015

Page 3of9

 

 

 

5. The driveway location  along  East Washington  Avenue  is too close to the intersection  of North William  Street and East Washington  Avenue.   The driveway is supposed  to be at least 50 feet from the intersection.   It is understood  that moving the driveway  entrance  along  East Washington  Avenue  50 feet to the west may not be possible,  therefore,  in an effort to gain more distance  from the intersection,  both driveway  entrances  shall be reduced  to 12 –  15 feet wide.

Also, the driveway  along  North William  Street shall  be signed  and marked

(painted  arrow)  as entrance  only, the driveway  along  East Washington  Avenue shall be signed  and marked  as exit only.

 

6. There is currently a striped  crosswalk  in front of the proposed  parking  lot

(running  north to south)  across  East Washington  Avenue.   This shall be shown

on the drawings.   The driveway  entrance  into the proposed  parking  lot appears to

be “in-line” with this existing  cross walk. The applicant  will work with the

Orangetown   Highway  Department  to alter/ relocate  this crosswalk.

 

 

7. The location of all existing utilities that service the exiting  house (on the

parking  lot site), shall  be shown.   Also, the sanitary  sewer house connection  shall

be labeled to be cut and capped.

 

8. The location of the existing sanitary building  connections  (in the building  lot –

68.16-6-6)),  shall be shown  on the drawing.   A sanitary  building  connection  shall be shown for the proposed  addition,  if applicable.

 

9. Post construction Stormwater  Maintenance  Agreements  shall be provided for the proposed  stormwater  facilities.   These  shall be submitted  to DEME and the Town  of Orangetown  Town Attorney’s  office for review and approval,  in content and form.

 

10. An additional catch basin shall be added to the South side of the proposed entrance to the parking  lot.

 

11. North William Street shall be widened  uniformly  along the proposed  parking lot, 10 feet off of the property  line/ Right-of-way  along the western  border for the length of the lot.

 

12. The trench drain and catch basin along the North William street exit shall be relocated  closer to the actual  intersection  with the road.

 

13. An overflow for the proposed drywell system  on the Building  lot shall be added  to the plans.

 

14. The plans shall clearly state what is to happen with the portion of the existing driveway  on lot 68.16-6-6  that will no longer  be needed  (i.e. remove  and top soil and seeded,  etc.)

 

PB #15-31:  Holt  Construction   Corporation    Site  Plan:  Final  Site  Plan

Approval  Subject   to Conditions

 

 

Town  of Orangetown    Planning   Board  Decision

July  22, 2015

Page4of9

 

 

 

15. The Drainage Consultant to the Planning  Board, Brooker  Engineering reviewed  the application  and found the application  has provided  support information  to demonstrate   mitigation  of increases  to peak stormwater  runoff rates can be achieved  and therefore  recommends  that the Holt Site Plan be approved  for drainage  subject  to the following  comments:

 

Project Description:

This  is the Drainage  Consultant’s  second  drainage  review  report to the Planning  Board for this project;  the first review was dated April  21, 2015. The project contains  two parcels; the first is located  at the corner  of North William  Street and East Washington  Avenue  and the second  is located  on the south side of East Washington  Avenue,  just east of the North William Street  intersection.  Each parcel flows downhill  in a southeasterly  direction. The North William  Street  parcel contains  an existing dwelling  to be

removed  and replaced with a new parking  lot. The East Washington  parcel contains  an existing office building  and parking  and a new 1334 square

feet building  addition  is proposed  at the southwest  corner of the site. For ease of construction,  stormwater  runoff from the existing  building on the north side of the East Washington   Parcel  is proposed  to be intercepted and directed  to the new detention  system.  This is an acceptable  and

conservative  methodology.   Each parcel proposes  independent  stormwater detention  areas to mitigate against  increases  in stormwater  runoff as a result of the new impervious  areas from the proposed  construction.

 

Project Comments

1. As per the Consultant’s first review dated April 21, 2015,  show proposed grading  on the west side of the new building.  The  natural drainage  pattern is for off-site  runoff to flow in a southeasterly   direction  toward the new building; the new building  may impede the existing flow of stormwater runoff.  Proposed  grades  shall be added  that show runoff directed  away from and around the building without  negatively  impacting  the neighboring properties.  Some proposed  spot grades  have been added  north of the building that show a nominal  slope away from the building; this slope shall be increased.   Additional  spot grades  are needed along the west side of the existing  building and building  addition  and the southeast  corner  of the building  addition.

 

PB #15-31:  Holt  Construction  Corporation    Site  Plan:  Final  Site  Plan

Approval   Subject   to  Conditions

 

 

Town  of Orangetown    Planning   Board  Decision

July  22, 2015

Page s er s

 

 

 

2. As per the April 21, 2015 review, the drywell detail  shows a solid cover.

Show the overflow  exit for the drywells  and the overland flow  path. Show that the overland  flow  pattern will not be directed  to the property  to the

east. As per the applicant’s  response,  overflows  that discharge  via the roof leader overflow  point are discharging  to a point adjacent  to the building where the topographic  survey  shows the slope directed  toward the

building.   Furthermore,  the roof leaders are all proposed  to be piped to this point; while this is sufficient  with respect to the overall  site drainage,  the plan shall indicate that overflows  at this point within  the site will not negatively  impact the existing  building.   The site plan as currently

designed  shows  stormwater  overflows  will be directed  toward  the building.

3. As per the April 21, 2015 review,  a slap on grade construction  with no basement  is proposed,  which shall  be indicated  by a map note on the site plan.  Additional  detail is needed to show proposed  grades with positive drainage  away from the building  in all directions,  specifically  the west side of the building  and the southeast  side of the building addition  shows  a low point that shall be addressed.
4. As per the April 21, 2015 review, the applicant has added trench  drains across the parking  lot entrances  to ensure  runoff from the parking  lots no bypass the detention  system.   The drainage  report shall be updated  to show the trench  drains and subareas.
5. As per the April 21, 2015 review, WS#2 is incorrectly  labeled WS#1 on the

page 8 of the drainage  report.  The  narrative  response  states this comment  will be addressed;  however,  it has not been addressed  for this submission.

6. As per the April 21, 2015 review, the available  storage  in the detention systems  will only store 1 .3 inches of rainfall  over the new impervious  area for WS#1 and  1.0 inches of rainfall for WS#2.   The volume  of storage  shall be increased  and/or  an alternate  hydrologic  method  shall be used to show a routing of peak flows.  Under the current  design, the basins will fill quickly and then inflows will leave via the overflow  pipe and no reduction  in peak flows will occur during the design  storms. The  Drainage  Consultant

believes  an increase  in volume  size can accommodate   mitigation  against potential  adverse  impacts with  respect to stormwater  runoff. The  narrative response  states this comment  will be addressed’  however,  it has not been addressed  for this submission.

7. As per the April 21, 2015 review, Stone volume  below the drywell  invert shall not be included  in the available  flood  storage  volumes.   The  narrative response  states this comment  will be addressed;  however  it has not been addressed  for this submission.
8. As per the April 21, 2015 review,  provide  a sump  in the catch basin detail with a hole in sump to dewater  the basin and a hood over the outlet pipe. This comment  has not been addressed  by the recent submission.

 

PB #15-31: Holt Construction   Corporation  Site Plan: Final Site Plan

Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

July 22J 2015

Page  6of9

 

 

 

 

9. As per the April 21, 2015 review, the curbline along the west side of the North William Street Parking lot is on the property line; the existing off site building is close to the property line as well. Add more spot grades in this area to demonstrate the new curb will not impact the existing building and runoff can continue to be directed away from the existing off site building. Demonstrate car overhang in the parking stalls will not impact the off-site building or encroach over the property line. The applicant’s response stated that there is two feet between the property line and curb line. A

part plan of this area at a greater scale shall be provided as is it appears

there is less than two feet between the burb face and property line. Additionally, the narrative response indicated that the angled parking allows only of a portion of the car will overhang the curb line. While this is true, the Drainage Consultant also notes that the short dimension of the angled parking stall is about 12 feet long. Cars will most often utilize the full depth and overhang of stall on the long side of the parking stall. This makes the distance between curb and property line more critical.

 

16. Rockland County Department of Planning had the following comments which are incorporated herein as conditions of approval:

 

• As indicated in the June 1, 2015 letter from Rockland County Highway Department, prior to any construction on site, a Work  Permit must be obtained.

 

e      As indicated in the June 23, 2015 letter from the Rockland County Health Department, an application must be made to for review of the stormwater management  system to  ensure  compliance with  the  County  Mosquito Code.

 

• Prior to any grading or construction on the site, a soil and erosion control plan shall be developed that meets the New York State Guidelines for Urban Erosion and Sediment Control.

 

 

e      There shall be no net increase in the peak rate of discharge from the site at all design points.

 

• The relocated sign must conform to the Town’s sign standards.

 

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PB #15-31: Holt Construction   Corporation  Site Plan: Final Site Plan

Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

July  22, 2015

Page 7of9

 

 

 

 

17. The Rockland County  Department  of Highways  reviewed  the plans and information  received  and found  that a drainage  report or calculations  shall be shown to demonstrate  that the detention  system  provided  can accommodate migration  against  potential  adverse  impact for the storm water  runoff.  The proposed  addition  should  not impact the existing  county  highway  system.  The subject  site is less than 500 feet away from County  roads, a Rockland  County Highway  Department  Work  Permit will be required  for the proposed  development prior to any construction  on site.

 

18. The Rockland County Department  of Health (RCDOH)  reviewed  the plan and offered  the following  comments:

a      Application  is to be made to the RCDOH for review of the storm water management   system for compliance  with the County  Mosquito  Code.

 

19. The applicant shall comply with all pertinent  items  in the Guide to the

Preparation  of Site Plans  prior to signing the final  plans.

 

 

20. All reviews and approvals from various governmental   agencies  must be obtained  prior to stamping  of the Site Plan.

 

21. All of the conditions of this decision,  shall be binding  upon the owner of the subject  property,  its successors  and /or assigns,  including  the requirement  to rnalntaln the property  in accordance  with the conditions  of this decision  and the requirement,  if any, to install improvements   pursuant  to Town Code  §21.  Failure to abide  by the conditions  of this decision  as set forth  herein shall be considered

a violation  of Subdivision   Plan Approval  pursuant  to Town  Code §21 and §6A.

 

 

22. TREE PROTECTION: The following  note shall  be placed on the site 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 preserve  and protect existing  trees to remain are as follows:

• No construction  equipment  shall  be parked under the tree canopy.
• There will be no excavation or stockpiling  of earth underneath  the trees.

111         Trees  designated  to be preserved  shall be marked  conspicuously  on all sides at a 5 to 10 foot height.

15         The Tree  Protection  Zone for trees designated  to be preserved  will be established  by one of the following  methods:

 

PB #15m31: Holt Construction Corporation  Site Plan: Final Site Plan

Approval  Subject  to Conditions

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page 8of9

 

 

 

Continuation  of Condition  #22 …

 

 

 

o    One (1) foot  radius from trunk  per inch DBH.

 

 

o     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:

 

o            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.

 

o            Light Impacts  Only-   Installation  of%  inch of plywood or boards,  or equal  over the area to be protected.

 

o    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.

 

 

 

23. All landscaping shown  on the site 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.

 

24. 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.

 

25. The contractor’s trailer, if any is proposed,  shall  be located  as approved  by the  Planning  Board.

 

PB #15-31:  Holt  Construction  Corporation    Site  Plan:  Final  Site  Plan

Approval  Subject to Conditions

 

 

Town  of Orangetown    Planning   Board  Decision

July  22, 2015

Page 9 of 9

 

 

 

26. 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 (Le. Wetlands  – U.S. Army Corps of Engineers).

 

27. Permanent vegetation cover of disturbed  areas shall  be established  on the site within  thirty (30) days of the completion  of construction.

 

28. 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

 

29. The Planning Board shall retain jurisdiction  over lighting,  landscaping,  signs and refuse  control.

 

The foregoing  Resolution  was made and moved  by Michael  Mandel and seconded  by Stephen  Sweeney  and carried  as follows:  Kevin Garvey,  Chairman, aye; Bruce Bond, Vice Chairman,  absent; William  Young,  absent;  Robert  Dell, aye, Michael  Mandel,  aye, Stephen  Sweeney  and Thomas  Warren,  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: July 22, 2015        /1~’                   (l    ,,,_       ··.                      .’\,,~\    0

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PB#15w32: Pearl  River  Properties    Internal   Commercial    Subdivision  M      Final

Interior  Commercial  Subdivision Plan Approved  with  Conditions/ Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page1of7

 

TO:

 

 

FROM:

Joseph  Ceva, 35 West Jefferson  Avenue,  Pearl River, New York  10983

Orangetown   Planning  Board

 

 

RE:                 Pearl River Properties  Internal  Commercial  Subdivision  Plan:  The application  of Joseph  Ceva, applicant,  for Pearl River Properties,  LLC, owner for Prepreliminary/   Preliminary/  Final Internal Commercial  Subdivision  Plan Review at a site known  as “Pearl River Properties  Internal Commercial  Subdivision Pian”,   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  and to determine  the environmental significance  of the application  pursuant  to the requirements  of the New York

State Environmental   Quality  Review Act. The site is located  at 73 Route 304,

Pearl River, Town  of Orangetown,  Rockland  County,  New York, and as shown on the Orangetown  Tax Map as Section  68.19, Block 4, Lot 16; in the CO zoning district.

 

Heard by the Planning  Board of the Town of Orangetown  at a meeting  held

Wednesday,  July 22, 2015, the Board  made the following  determinations:

 

Joseph  Ceva appeared  and testified.

The Board received the following  communications:

1. Project Review Committee Report dated July  15, 2015.
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 July 22, 2015.
3. An Interdepartmental memorandum   from the Department  of Environmental Management  and Engineering  (DEME),  Town  of Orangetown,  signed  by Bruce  Peters,  P.E., dated  July 16, 2015.
4. A letter from the Rockland County Department  of Planning,  signed  by

Douglas  Schuetz,  Acting  Commissioner   of Planning,  dated July 16, 2015.

5. A letter from the Rockland County  Department  of Highways,  signed  by

Sonny  Lin, P.E., dated July  17, 2015.

6. A letter from the Rockland County Sewer  District No.1, signed  by Joseph

LaFiandra,  Engineer  II, dated June 26, 2015.

7. Letters from the Rockland County  Department  of Health,  signed  by

Scott McKane,  P.E., Senior  Public Health  Engineer,  dated  June 23, 2015.

8. A letter from the Town of Orangetown Zoning  Board of Appeals,  signed  by

Dan Sullivan,  Chairman,  dated  June  17, 2015.

9. An Interdepartmental memorandum   from the Bureau of Fire Prevention,  Town of Orangetown,  signed  by Michael  Bettmann,  Chief Fire Inspector,  dated

July 16, 2015.

 

 

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PB#15-32:   Pearl  River  Properties    Internal   Commercial    Subdivision  – Final

Interior   Commercial    Subdivision    Plan Approved   with  Conditions/    Neg. Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

July  22, 2015

Page 2of7

 

 

 

10. A Short Environmental  Assessment   Form, signed  by Joseph  Ceva, dated

June  12, 2015.

11. Commercial Subdivision Plan prepared  by Jay Greenwell,  PLS, dated

June  10, 2015.

12. Partial Floor Plan prepared by Kier Levesque,  R.A., dated June 11, 2015.

i

The Board reviewed  the plans.  Thelhearing   was then opened to the Public.

I

 

There  being  no one from the Public, a motion was made to close the Public Hearing  portion of the meeting  by Stephen  Sweeney  and seconded  by Thomas Warren  and carried  as follows:  Kevin  Garvey,  Chairman,  aye; Bruce Bond, Vice Chairman,  absent;  Michael  Mandel,  aye; William  Young,  absent;  Robert Dell, aye; Thomas  Warren,  aye and Stephen  Sweeney,  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 Thomas  Warren  and seconded  by Stephen  Sweeney  and carried  as follows:  Kevin Garvey,  Chairman,  aye; Bruce Bond, Vice Chairman, absent;  Michael  Mandel,  aye; William  Young,  absent;  Robert  Dell, aye; Thomas Warren,  aye and Stephen  Sweeney,  aye, the Board declared  itself Lead Agency.

 

Pursuant  to New York  Code,  Rules & Regulations  (NYCRR)  Section  617.7, the Town of Orangetown   Planning  Board, as lead agency,  for the reasons  articulated in this Board’s  analysis  of all of the submissions  by the applicant,  interested agencies,  departments  and the public, with respect  to this project including  the Environmental  Assessment   Form, which  reasons  are summarized  in the motion, hereby  determines  that the proposed  action will not have a significant  impact on the environment  and a Draft Environmental   Impact Statement  (DEIS) will not be prepared.

 

After  having  identified  the relevant  areas of environmental   concern,  namely drainage,  surface  water  runoff,  land clearing,  vegetation,  fauna,  traffic and noise levels,  and after having taken  a hard look at said environmental   issues,  and after having deliberated  regarding  such concerns,  and having heard from the

applicant,  the applicant’s  professional  representatives,   namely  Kier Levesque

and Jay Greenwell:  and having  heard from the following  offices,  officials  and/or Departments:   (Town of Orangetown):  The Office of Building,  Zoning,  Planning Administration   and Enforcement  and Department  of Environmental   Management and Engineering;   and having  heard from the following  involved  and interested

 

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PB#15-32: Pearl River Properties  Internal  Commercial  Subdivision  – Final interior  Commercial  Subdivision  Plan Approved  with  Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page 3of7

 

agencies: Town of Orangetown Zoning Board of Appeals, Rockland County Sewer District No.1,Rockland County Department of Health, Rockland County Highway, and having reviewed proposed Internal Subdivision Plan by prepared by namely Kier Levesque and Jay Greenwell, a summary of the reasons supporting this determination are, and the Planning Board finds, that the proposed action:

 

eWill not significantly affect existing air quality or noise levels;

GWi!I not significantly affect existing surface water quality or quantity or drainage;

sWill  not significantly affect existing ground water quality or quantity;

sWi!I not significantly affect existing traffic levels;

0Will not create a substantial increase in solid waste production;

eWill not create a potential for erosion, flooding, leaching or drainage problems; eWill not have a significant adverse Impact on the environmental characteristics of our critical environmental area or environmentally sensitive sites or features;

&Will not have an impairment of the character or quality of important historical, archeological or architectural resources;

eWill not have an impairment of the character or quality of important aesthetic resources;

sWill not have an impairment of existing community or neighborhood character;

sWill not remove or destroy large quantities of vegetation or fauna;

eWill not remove or destroy large quantities of wildlife species or migratory fish;

eWill not have a significant adverse impact to natural resources;

ti IS consistent with the Town of Orangetown’s Comprehensive/Master Plan;

• Will not have adverse economic or social impacts upon the Town; GWill not create a hazard to human health; and

sWill not create a substantial change in the use of land, open space or recreational resources.

 

On motion by Thomas Warren and seconded by Stephen Sweeney and carried as follows: Kevin Garvey, Chairman, aye; Bruce Bond, Vice Chairman, absent; Michael Mandel, aye; William Young, absent; Robert Dell, aye; Thomas Warren, aye and Stephen Sweeney, aye, the Board made a Negative Declaration pursuant to SEQRA.

 

DECISION:In view of the foregoing and the testimony before the Board, the application was granted  Final Interior  Commercial Subdivision Plan Approval Subject to the Following Conditions:

 

PB#15-32:   Pearl  River  Properties    internal   Commercial    Subdivision    – Final

Interior  Commercial  Subdivision Pian Approved  with  Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page4of7

 

 

 

 

1. The property has 3 buildings  shown  and labeled  on the commercial subdivision   plans as “A”, “B” and “C”. Buildings  “A” and “B” are connected  and being occupied   by one tenant.   The  property  owner wants to lease Building  “C” to a different  tenant.   The applicant  is requesting  a commercial  subdivision  for two tenants,   Building  “A” and “B” as one and Building  “C” for another.   There  are no

exterior  modifications  or additions  proposed  at this time that would  require a site

plan approval.   The Short Envlronmental  Assessment   Form (EAF) shall be amended  under “Project  Description”  to read as “Commercial  Subdivision  of property  to allow Buildings  “A” and “B” to be leased for 1  tenant  and Building  “C”

to be leased to a second  tenant  thereby  creating  2 units for the existing buildings”.  The parcel will remain as one  parcel under a single ownership. Otherwise  the EAF appears  to be in order.

 

2. The location of the existing sanitary sewer  building  connection(s)  shall be shown for each  building (from the buildings  to the public main.)

 

3. The location of all bathroom facilities  shall  be added  to the subdivision  plan.

 

4. Rockland County Department  of Planning  had the following  comments  which are incorporated  herein  as conditions  of approval:

• A  review   must   be  completed    by  the   New  York  State   Department   of

Transportation   and any required  permits  obtained.

c:1          Parking  calculations  for the  lot must  be included  to ensure  that  adequate parking  is provided for each building  and its tenants.

• As required  by the  Rockland  County  Stream  Control  Act, the  subdivision plan  must   be  reviewed   and  signed   by  the  Chairman   of  the  Rockland County  Drainage  Agency  before  the  County  Clerk can accept  the  plan to be filed.

 

5. The Rockland County Department  of Highways  reviewed  the plans and found that the project as submitted  should  have minimum  impact  upon county  roads in the area. The proposed  development   is more than 500 feet from the nearest county  roads;  a Rockland  County  Highway Work  Permit will not be required for any proposed  construction.

 

PB#15-32: Pearl River Properties  Internal  Commercial  Subdivision  – Final

Interior  Commercial  Subdivision  Pian Approved  with  Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page 5of7

 

 

 

6. The Rockland County Health Department (RCDOH) reviewed the information provided and found that there are no RCDOH approvals needed for this application.

 

7. 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.

 

8. The Town of Orangetown Bureau of Fire Prevention reviewed the plan and offered the following comments:

In regard to a one lot to two parcel subdivision:

 

1)  Install an NFPA 72 Compliant Fire Alarm system, Connected to Rockland County 44-Control, transmitting in Contact ID Format. With outside amber strobe as per Orangetown code.

 

2)  Install Portable Fire Extinguishers according to NFPA 1 O

 

3)  Install Emergency lighting as per NEC

 

4)  Install Key box

 

5) Apply for and maintain a Certificate of Compliance Fire Safety with this office.

 

6)  Clarify what is planned to be stored in warehouse

 

 

 

9. The following agencies do not object to the Town of Orangetown Planning

Board assuming responsibilities of lead agency for SEQRA purposes:

– Town of Orangetown Zoning Board of Appeals

– Rockland County Sewer District No. 1

– Rockland County Department of Health

– Rockland County Department of Highways

 

10. The applicant shall comply with all pertinent items in the Guide to the

Preparation of Subdivision Plans prior to sign:ingthe final plans.

 

11. All reviews and approvals from various governmental agencies must be obtained prior to stamping of the Subdivision Plan.

 

12. All of the conditions of this decision, shall be binding upon the owner of the subject property, its successors and /or assigns, including the requirement to maintain the property in accordance with the conditions of this decision and the requirement, if any, to install improvements pursuant to Town Code §21. Failure to abide by the conditions of this decision as set forth herein shall be considered a violation of Subdivision Plan Approval pursuant to Town Code §21 and §6A.

 

PB#15-32: Pearl River Properties  Internal Commercial  Subdivision  – Final

Interior  Commercial  Subdivision   Pian Approved  with  Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page 6of7

 

 

 

13. TREE PROTECTION: The following note shall be placed on the Site 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:

 

1. No construction equipment shall be parked under the tree canopy.
2. There will be no excavation or stockpiling of earth underneath the trees.
3. Trees designated to be preserved shall be marked conspicuously on all sides at a 5 to 10 foot height.
4. The Tree Protection Zone for trees designated to be preserved will be

established by one of the following methods:

– One (1) foot radius from trunk 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% 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.

 

14. All landscaping shown on the site 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.

 

15. 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.

 

16. The contractor’s trailer, if any is proposed, shall be located as approved by the Planning Board.

 

 

 

 

 

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PB#15-32: Pearl River Properties  Internal Commercial  Subdivision:   Final

Interior  Commercial  Subdivision   Plan Approved  with  Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page7of7

 

 

 

17. 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 condltlorus), 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).

 

18. Permanent vegetation cover of disturbed areas shall be established on the site within thirty (30) days of the completion of construction.

 

19. 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

 

20. The Planning Board shall retain jurisdiction over lighting, landscaping, signs and refuse control.

 

21. The correct address shall be placed on the site plan.

 

The foregoing Resolution was made and moved by Stephen Sweeney seconded by Michael Mandel and carried as follows: l}evin Garvey, Chairman, aye; Bruce Bond, Vice Chairman, absent; Michael Mandel, aye; William Young, absent; Robert Dell, aye; Thomas Warren, aye and 1Stephen Sweeney, 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.

 

r

Dated: July 22, 20_1s             ~   lrtPA.:-.. rJ. ~~~

Cheryl Coopersmith              ‘–“”‘ _– –

Chief Clerk Boards and Commissions

attachment

 

NEGATIVE  DECLARATION

Notice  of Determination  of Non-Significance

Town  of Orangetown    Planning   Board  Decision

 

 

PB#15-32:   Pearl  River  Properties    Internal   Commercial    Subdivision     Plan

Final  Interior   Commercial    Subdivision    Pian Approved   with  Conditions

July 22, 2015

 

 

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: Pearl River Properties  Internal Commercial  Subdivision

 

SEQR STATUS:     Type I                                         Unlisted XXXXXX

CONDITIONED NEGATIVE DECLARATION: Yes                No  XXXXXX

 

DESCRIPTION OF ACTION: interior  Commercial  Subdivision  Plan

 

LOCATION: The site is located at 73 Route 304, Pearl River, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 68.19,  Block 4, Lot 16; in the CO zoning district.

 

REASONS SUPPORTING THIS DETERMINATION:

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: ·

The project will not have a significant impact upon the environment and a DEIS

need not be prepared because the proposed action does not significantly affect air quality, surface or ground water quality, noise levels or existing external

I

traffic patterns. In addition, it will have no impact upon the aesthetic, agricultural or cultural resources of the neighborhood. No vegetation, fauna or wildlife species will be affected as a result of this proposed action. The proposed action is consistent with the Town of Orangetown’s Master Plan and will not have any adverse economic or social impacts upon the Town or its businesses or residences.

If Conditioned Negative Declaration, the specific mitigation is provided on an attachment.

For Further Information contact:

John Giardiello, P.E., Director, Office of Building, Zoning and Planning

Administration and Enforcement

Town of Orangetown

20 Greenbush Road

Orangeburg, NY 10962

Telephone Number: 845-359-5100

For Type i  Actions and Conditioned Negative Declarations, a copy of this notice is sent: – Commissioner, New York State Department of Environmental Conservation, – Region 3 Headquarters, NYSDEC, – Town Supervisor, Applicant, Involved Agencies

 

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PB #15m33:  The Shops at Orangeburg  Commons  Site Plan: Final Site Plan

Approval Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

July  22, 2015

Page  1  of 11

 

TO:

 

FROM:

Geraldine  Tortorella,  Hocherman,  Tortorella  & Wekstein,

1   North Broadway,  Suite 701, White  Plains, New York  10601

Orangetown   Planning  Board

 

 

RE:                 The Shops at Orangeburg  Commons  Site Plan: The application

of FB Greenbush  LLC c/o RD Management   LLC, applicant,  for Tom  Graff, owner, (Hocherman  Tortorella  & Wekstein,  LLP, attorneys  for the applicant),  for Final

Site Plan Review,  at a site to be known as “The Shops at Orangeburg Commons  Site”; 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  and Orangetown.

The site is located at 2 Greenbush  Road, Orangeburg,  Town of Orangetown, Rockland  County,  New York, and as shown on the Orangetown  Tax Map: Section  74.15, Block  1, Lot 22; LI zoning  district;

 

Heard by the Planning  Board of the Town of Orangetown  at a meeting  held

Wednesday1   July 22, 2015, the Board made the following  determinations:

 

Geraldine  Tortorella,  Justin Lim, and Alfred  Rossi appeared  and testified.   The

Board  received the following  communications:

1. Project Review Committee Report dated  July 15, 2015.
2. An interdepartmental memorandum   from the Office of Building,  Zoning, Planning  Administration   and Enforcement,  Town of Orangetown,  signed  by John Giardiel!o,  P.E., Director,  dated July 22, 2015.
3. Interdepartmental memorandum   from the Department  of Environmental

Management  and Engineering  (DEME),  Town  of Orangetown,  signed  by

Bruce  Peters,  P.E., dated  July 16, 2015.

4. A letter from Brooker Engineering,  signed  by Kenneth  DeGennaro,  P.E., dated July 21, 2015.
5. A letter from the Rockland County Department  of Planning,  signed  by

Douglas  Schuetz,  Acting  Commissioner   of Planning,  dated July 21, 2015.

6. A letter from the Rockland County  Department  of Highways,  signed  by

Sonny  Lin, P.E., dated July 22, 2015.

7. A letter from the Rockland County  Department  of Health,  signed  by

Scott McKane,  P.E., Senior  Public Health  Engineer,  dated

June 26, 2015.

8. A letter from CSX Railroad, signed  by Thomas  Pauly,  Engineering  Specialist, Corridor  Occupancy  Services,  dated June 26, 2015.
9. An Email from Justin Lim dated July 22, 2015, with an attachment entitled Performance  Bond –  Public (Greenbush  Road ROW)  Improvement,  Quantity Estimate  Form, dated July 22, 2015.

 

PB #15-33:  The Shops  at Orangeburg    Commons   Site  Pian:  Final  Site  Plan

Approval  Subject   to Conditions

 

 

Town  of Orangetown    Planning   Board  Decision

July 22, 2015

Page 2of11

 

10. A letter from Hocherman Tortorella & Wekstein, LLP, signed by

Geraldine Tortorella dated June 16, 2015.

11. Copies of Board Decisions: PB #15-17: Preliminary Site Plan Approval

Subject to Conditions/ Reaffirmation of Town Board Neg. Dec, dated May 13,

2015, ACABOR #15-36, Approved Subject to Conditions, dated June 18, 2015

and ACABOR #15-37, Approved Signs Subject to Conditions, dated

June 18, 2015.

e • e e e Drawing  1  of 14: Drawing  2 of 14: Drawing 2A of 14: Drawing  3 of 14: Drawing 3A of 14: Title Sheet Overall Site Plan & Commercial Subdivision Plan Layout “Part Plan” & Commercial Subdivision Plan Overall grading, Drainage & Utility Plan Grading, Drainage & Utility Plan “Part Plan”   $ Drawing  4 of 14: Erosion Control Plan   @ Drawing  5of14: Landscaping Pian, dated May 27, 2015 • Drawing  6 of 14: Lighting Plan, dated May 27, 2015 e Drawing  7 of 14: Construction Details (1  of 3), dated Nov. 20, 2014 • Drawing  8 of 14: February 27, 2015 Construction Details (2 of 3), revised • Drawing  9 of 14: Construction Details (3 of 3) • Drawing 10 of 14: Storm and Sanitary Profiles s Drawing 11  of 14: Typical Site Cap Sections, dated Nov. 20, 2014 e Drawing 12of14: Site Cap Plan, dated Nov. 20, 2014 e Drawing 13 of 14: Sewer Alternative Plan, dated June 16, 2015 • Drawing 14 of 14: Sewer Alternative Profile, dated June 16, 2015

12. Plans prepared by Leonard Jackson Associates, dated November 20, 2014, revised June 16, 2015; unless noted:

 

13. Existing Condition Survey prepared by Jay Greenwell, PLS, LLC, dated

October 23, 2014, revised November 5, 2014:

e     Sheet 2 of 3: Existing Condition

• Sheet 3 of 3: Existing Condition

14. Building elevations prepared by Murray Jay Millar Architecture, unsigned and unsealed, dated April 17, 2015.
15. Parking Distribution Plan prepared by Leonard Jackson Associates, dated

June 16, 2015.

16. Drainage Report prepared by Leonard Jackson Associates, dated

February 27, 2015, revised June 16, 2015.

 

 

 

The Board reviewed the plans. The hearing was then opened to the Public.

 

PB #15-33: The Shops at Orangeburg  Commons  Site Plan: Final Site Plan

Approval  Subject  to Conditions

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page 3of11

 

 

 

Public  Comment:

 

Mary Cardenas, Town of Orangetown Town Historian, noted that the Architecture and Community Appearance Board of Review Decision #15-36, required the developer to place a bronze commemorative plaque on the site recognizing the location of the Abram Lent Home.

 

 

There being no one else from the Public, a motion was made to close the Public Hearing portion of the meeting by Thomas Warren and seconded by Michael Mandel and carried as follows: Kevin Garvey, Chairman, aye; Bruce Bond, Vice Chairman, absent; Michael Mandel, aye; William Young, absent; Robert Dell, aye; Thomas Warren, aye and Stephen Sweeney, aye.

 

DECISION: In view of the foregoing and the testimony before the Board, the application  was granted  Final Site Plan Approval  Subject  to the Following  Conditions:

 

1. 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.

 

2. 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. A bronze commemorative plaque, as required by ACABOR #15-36, dated June 18, 2015, shall be placed at the site recognizing the location as the Abram Lent Home. The commemorative plaque shall be approved by the Town of Orangetown Town Historian or designee, prior to creating and erecting the plaque. The plaque shall be placed at a location acceptable to the Town of Orangetown Historian or designee.

 

4. On Drawing #5; Landscape Plan, the evergreen plantings noted in the Plant

Schedule, as 6 to 7 foot in height shall be changed to 8 to 10 foot in height.

 

5. An amendment to the existing SWPPP for the Orangeburg Commons Site shall be submitted to DEME. The included calculations shall determine as to whether the existing stormwater detention basin will be capable of handling the additional volume of flow from the proposed additional impervious contributing area. Also, the SWPPP shall demonstrate how stormwater quality issues, necessitated by the new area of disturbance shall be mitigated. The SWPPP must be designed in accordance with the new “New York State Stormwater Management Design Manual” (last updated January 2015), not the3 2010 manual as stated in the Drainage Report. .   .      ·.·        …

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PB #15-33:  The  Shops  at Orangeburg    Commons   Site  Plan:  Final  Site  Plan

Approval   Subject   to Conditions

 

 

Town  of Orangetown    Planning   Board  Decision

July 22, 2015

Page 4of11

 

 

 

 

6. The applicant shall demonstrate the legal ability of the Orangeburg Commons site to allow/ accept both sanitary and stormwater flows from an adjacent, separately owned site, onto and through their PRIVATE sanitary and stormwater facilities (i.e. the proposal is not part of the Orangeburg Commons site, it is a separate tax lot which theoretically be sold at any point.) This will most likely require cross easement on both properties to convey and treat the stormwater runoff and covey the proposed sanitary flows. Orangeburg Commons owners

will most likely have to update their private Sewage Disposal Corporation in order to accept sanitary flows an offsite/ separately owned parcel. This will need to be approved by DEME, the Rockland County Department of Health and the Town of Orangetown Office of the Town Attorney.  In so far stormwater is concerned, the applicant will need to provide documentation that the NYSDEC allows

stormwater from one site to be treated and controlled on another site.  DEME

requires that a letter from the NYSDEC be provided giving EXPLICIT consent for the Orangeburg Commons property owners to treat and control stormwater runoff from this site, to be “handled” on their site.  DEME can find no explicit or implicit approval of such a situation in either the Orangetown Town Code, the NYSDEC Stormwater Design Manual or the NYSDEC General Permit for construction activities GP-o-15-002.

 

7. The location of the proposed sanitary sewer main is under review by DEME; however, the applicant’s engineer shall prepare an alternative layout to “reach” the existing manhole more directly, if feasible. To assist in the evaluation of the current layout, a more detailed profile of utilities in the area, especially the 60 inch drainage line, its elevations and proximities to each other, would assist in determining if the option shown is the best option available.

 

8. With respect to the current sanitary main design, a 20 foot wide easement to the Town of Orangetown shall be provided up to the proposed sanitary manhole

#2 where the proposed main is in private property. Also, the proposed easement

through the 6 acre triangular parcel shall be increased to 20 foot wide, if this layout becomes the accepted option.

 

9. The updated traffic study is under review by DEME.

 

10. The applicant is advised that each food service store requires its own appropriately sized grease trap. The locations of each grease trap may change due to the final locations of the food service stores inside the commercial subdivision. A note shall be added to the site plans indicating the same.

 

PB #15-33: The Shops at Orangeburg  Commons  Site Plan: Final Site Pian

Approval  Subject  to Conditions

 

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page5of11

 

 

 

 

11. The Drainage Consultant to the Planning Board, Brooker Engineering, reviewed the plans and submitted information and found the following: The application has provided sufficient information to demonstrate that the existing stormwater management basin can be modified to mitigate against increases to peak stormwater runoff rates as a result of the project, and therefore recommends that the Shops at Orangeburg Commons be approved for drainage subject to the following Project Comments.

 

This is the third drainage review report for this project; the last report was dated

May 13, 2015. The project consists of the redevelopment of the site at tax lot

74.15-1-22, which is located just west of the recently developed Orangeburg Commons site. An existing one story building and parking area is proposed to be removed. The development consists of a new 18,304 square feet commercial building and additional impervious areas for parking and an approximate net increase of 15,250 square feet of impervious area. The land slopes downhill in an easterly direction and stormwater runoff will be conveyed to the stormwater management basin constructed for the Orangeburg Commons site.

 

Project Comments

1  .     As per the April 6, 2015 and May 13, 2015 drainage review reports, the Developed Conditions Drainage Area Map (Drawing 2) of the Drainage Report has been updated to reflect the current proposed layout. However, the proposed conditions drainage basin map should show the proposed contours to verify the subbasin delineation.  Calculations supporting the proposed conditions impervious areas breakdowns shall be included. The discrepancy between the drainage area on this map (14.4 acres) and the drainage report (15.65) shall be corrected; this is not necessarily conservative as the narrative report states. The Existing Conditions Drainage Subarea Map only pertains to the subject tax lot and the Developed Conditions Drainage Subarea Map pertains to the overall combined site. The hydrologic model only includes subareas for the overall site. The Drainage Subarea Maps shall be consistent with the variables used in the hydrologic model. Additionally, the existing conditions Drainage Subarea map shall not use Rockland County survey from 2000; survey prepared by Jay Greenwell, showing the former house and driveway shall be used to establish the existing conditions impervious area.

2. As per the April 6, 2015 and May 13, 2015 drainage review reports, this comment has been mostly addressed. The segmental block wall detail shall be revised to reflect the actual proposed conditions. Design for the length of geogrid and excavation for construction shall be provided to demonstrate the geogrid will not be in the right-of-way or outside the property line, and can withstand the soil slope surcharge.

 

 

PB #15-33: The Shops at Orangeburg  Commons  Site Plan: Final Site Plan

Approval  Subject  to Conditions

 

Town of Orangetown  Planning  Board Decision

July  22, 2015

Page 6of11

 

 

 

 

Continuation  of Condition  #11 …

 

 

 

3. As per the April 6, 2015 and May 13, 2015 drainage review reports, the drainage calculations shall use updated NYSDEC 24 hour rainfall totals. The annotated map indication land disturbance that was included in the drainage report indicated 0.914 acres of disturbance. However, this calculation only considered disturbance on the tax lot 74.15-1-22. Additional land disturbance is required for the construction of the proposed walks, access drives, sanitary sewer, and modifications to the detention basin berm outside of the tax lot; these shall also be included in the land disturbance calculation. Land disturbance will most likely be greater than

1.0 acre for this action. The Drainage Consultant defers to the Town of

Orangetown MS4 coordinator as to the use of NYSDEC 2010 rainfall totals or NYSDEC 2015 rainfall totals.

4. As per the April 6, 2015 and May 13, 2015 drainage review reports, the drainage report cover letter states a “minor modification to the.existing outlet control structure on Orangeburg Commons site” will mitigate increases in peak runoff rates. The revised calculations for the elevation versus discharge curves shall be combined into one spreadsheet in the report. A detail of the outlet structure showing as built conditions shall be included in the Site Plan and Drainage Report. The outlet detail shows proposed modifications on the Site Plan that are still no consistent with the drainage report.
5. This comment (pertaining to grading at the proposed Greenbush Road entrance) from the April 6, 2015 drainage review report has been addressed.
6. As per the April 6, 2015 and May 13, 2015 drainage review reports, a maintenance schedule for the stormwater quality structures shall be included in the Site Plan and drainage report. The narrative states this

was added to Drawing 9, but could not be located on Drawing 9. There is

a map note on Drawing 8 requiring that “Maintenance Shall Be Performed as Required”, however, the requirements shall be outlined in more detail and shall be applied to the contech basin and drywells details.

7. As per the April 6, 2015 and May 13, 2015 drainage review reports, calculations showing area of disturbance less than one acre shall be provided; however, this calculation only considered disturbance on the tax lot 74.15-1-22. Additional land disturbance is required for construction of the proposed walks, access drives, sanitary sewer, and modifications to

the detention basin berm outside of tax lot 74.15-1-22 and shall be included in the land disturbance calculation.

 

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PB #15-33: The Shops at Orangeburg  Commons  Site Plan: Final Site Plan

Approval  Subject to Conditions

 

I

Town of Orangetown  Planning  Board Decision

July 22J 2015

Page7of11

 

Continuation   of Condition  #11…

 

 

8. As per the April 6, 2015 and May 13, 2015 drainage review reports,  a breakdown  of as-built  and proposed  impervious  areas shall be included  in the drainage  report.   These  shall be shown  on the drainage  basin maps and correspond  to the values  used in the curve  number calculations.
9. As per the April 6, 2015 and May 13, 2015 drainage review reports, the drainage  report shows  an overflow  weir at elevation  74.3 (proposed)  for a length of 15 feet. The narrative  response  indicates  the berm will be raised

to elevation  76.5.  A grading  plan shall be prepared  showing  how the berm will be modified.

10. As per the April 6, 2015 and May 13, 2015 drainage review reports, calculations  to support  the storage  versus  elevation  curve shall be

included  in the drainage  report.   The revised  response  has highlighted  the storage  versus  elevation  in the output file; however,  this is not a suitable response.   The data used in the input file needs to be verified  as this is what  is used to calculate  the output.   The as-built  survey from  Jay Greenwell  shall  be used to support  this response  to comments.

11.As  per the April 6, 2015 and May 13, 2015 drainage  reviews reports, calculations  shall be provided  that demonstrate  the storm drainage  system can convey  the  100-year  peak runoff  rate to the stormwater  management basin. The narrative  response  in the drainage  report  indicates  that this has been provided;  however,  it was  not in the copy of the drainage  report provided  to the Drainage  Consultant.

12. As per the April 6, 2015 and May 13, 2015 drainage review reports, the proposed conditions  model shows an increase  in stormwater  runoff volume  for the detention  basin inflow hydrograph  compared  to existing conditions,  an increase  in peak stage  at the detention  basin compared  to existing  conditions,  the same storage  versus  discharge  data for existing and proposed  conditions,  but a decrease  in flood  storage for the routed hydrograph.  The revised  report shall contain  more output  data and a narrative  response  to clarify this discrepancy.
13. The drywell detail indicates 1 O’  diameter  drywells  and the plan indicates  8′ diameter  drywells;  this shall  be reconciled.   The drywells  are not

connected  in series;  an equalizing  pipe shall be provided  at the invert of

each drywell  to ensure  all three drywells  fill concurrently.

 

 

12. Rockland County  Department  of Planning  had the following  comment  which is incorporated  herein  as a condition  of approval:

o&        A review must be completed  by the Palisades  Interstate  Park Commission and any raised comments  or concerns  addressed.

• A review shall be completed  by the New York  State Department  of

Transportation   and any required  permits  obtained.

~      The conditions  in the June 26, 2015 letter from the Rockland  County

Department  of Health must be met.

e      There  shall be not net increase  in the peak rate of discharge  from the site at all design  points.

e       Prior to the start of construction  or grading,  a soil and erosion  control  plan shall be developed  and in place for the entire site that meets the latest edition of the New York  State Guidelines  for Urban Erosion  and Sediment Control

 

PB #15-33:  The Shops  at Orangeburg    Commons   Site  Plan:  Final Site Plan

Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page 8of11

 

 

 

 

13. The Rockland County  Health  Department  offered  the following  comments:

• Application  is now proposing  to extend  the  publicly  owned  sewer  main.   If the  Board  accepts  this  alignment,   sanitary  sewer  extension  approval  will be needed.   If the  private  main  is extended,  approval  will be needed from Rockland  County  Health  Department   and  a sewer  works  corporation   will need to be formed.   Comment  #17 of Hocherman,  Tortorella  & Wekstein’s letter dated June  16, 2015 describes  the different  scenarios  accurately.
• Application  is  to   be  made   to   RCDOH   for   review   of  the   stormwater management   system  for compliance  with the County  Mosquito  Code.

 

14. CSX Railroad has reviewed  the plans and found that should the scope of work  change  and the project include  encroachment   onto the CSX property,  a utility encroachment   application,  plans and review fees would  need to be submitted  to CSX Occupancy  Services  Department  prior to construction. Likewise,  a right of entry agreement  would  be required  if for any reason personnel  need to access  any portion  of CSX property.   If the construction

activities  are off CSX property,  but still within  25 feet of CSX tracks, then flagging protection  would  still be required.   In that case, CSX Public Project  Department would  coordinate  flagging  protection.   No equipment,  material  or vehicles  should be stored within  25 feet of the CSX tracks.   The crossing  of any CSX tracks  by workers,  equipment,  or vehicles  is strictly  prohibited,  except  at public road crossings.

 

15. The Town of Orangetown   Bureau of Fire Prevention  had the following comments:

• Install an NFPA 13 compliant Fire Sprinkler  system.  Maintain the sprinkler system  according  to NFPA 25.
• The proposed  Fire Sprinkler  system  must be designed  to protect the hazard  in each proposed  store usage.   Submitted  to the Bureau for approval  before work commences.

o       Install and maintain  an NFPA 72 compliant  Fire Alarm  System,  connected to Rockland  County  44-Controt.   Proposed  Fire Alarm  plans submitted  to the Bureau for approval  before work  commences.

111                   Install and maintain  portable  fire extinguishers   as required  by NFPA 10.

e      Install emergency  as per NEC.

• The plan shall show bollards to protect the pull in parking.

~      Each occupancy  applies  for and maintains  Certificate  of Compliance  Fire

Safety with the Bureau  of Fire Prevention.

 

PB #15-33: The Shops at Orangeburg  Commons Site Plan: Final Site Plan

Approval  Subject  to Conditions

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page 9of11

 

 

 

 

16. The applicant shall comply with all pertinent items in the Guide to the

Preparation of Site Plans prior to signing the final plans.

 

17. All reviews and approvals from various governmental agencies must be obtained prior to stamping of the Site Plan.

 

18. All of the conditions of this decision, shall be binding upon the owner of the subject property, its successors and /or assigns, including the requirement to maintain the property in accordance with the conditions of this decision and the requirement, if any, to install improvements pursuant to Town Code §21A-9. Failure to abide by the conditions of this decision as set forth herein shall be considered a violation of Site Plan Approval pursuant to Town Code §21A-4.

 

19. The applicant shall comply with all applicable and pertinent Board Decisions: PB #15-17: Preliminary Site Plan Approval Subject to Conditions/ Reaffirmation of Town Board Neg. Dec, dated MaY’ 13, 2015, ACABOR #15-36, Approved Subject to Conditions, dated June 18, 2015 and ACABOR #15-37, Approved Signs Subject to Conditions, dated June 18, 2015.

 

20. TREE PROTECTION: The following note shall be placed on the site 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:

1. No construction equipment shall be parked under the tree canopy.
2. There will be no excavation or stockpiling of earth underneath the trees.
3. Trees designated to be preserved shall be marked conspicuously on all sides at a 5 to 10 foot height
4. The Tree Protection Zone for trees designated to be preserved will be established by one of the following methods:

– One (1) foot radius from trunk 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 lot% inch of plywood or boards, or equal over the area to be protected.      j

 

PB #15-33: The Shops at Orangeburg  Commons  Site Plan: Final Site Plan

Approval Subject  to Conditions

 

Town of Orangetown  Planning  Board Decision

July 221 2015

Page  10of11

 

 

 

Continuation  of Condition  #20…

 

 

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.

 

21. All landscaping shown on the site 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.

 

 

22. 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.

 

 

23. The contractor’s trailer, if any is proposed, shall be located as approved by the Planning Board.

 

24. 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).

 

25. Permanent vegetation cover of disturbed areas shall be established on the site within thirty (30) days of the completion of construction.

 

PB #15-33:  The  Shops  at Orangeburg    Commons   Site  Plan:  Final  Site  Plan

Approval Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page   11of11

 

 

26. 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

 

 

27. The Planning Board shall retain jurisdiction   over lighting,  landscaping,  signs and refuse  control.

 

 

 

The foregoing  Resolution  was made and moved  by Thomas  Warren  and seconded  by Michael  Mandel  and carried as follows:  Kevin Garvey,  Chairman, aye; Bruce Bond, Vice Chairman,  absent; William  Young,  absent;  Thomas Warren,  aye; Robert  Dell, aye; Michael  Mandel,  aye and Stephen  Sweeney,  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: July 22, 2015          fJ  0     –  ·t:[ {!roDA~

Cheryl Coopersmith         CAfil                         I

Chief Clerk Boards and Commissio  s

 

PB #15-34:   Orangeburg    Commons   Site  Plan Amendment:    Final  Site  Plan

Approval  Subject   to Conditions

 

 

Town  of Orangetown  Planning    Board  Decision

July 22, 2015

Page 1of4

 

 

 

TO:

 

FROM:

Geraldine Tortorella,  Hocherman,  Tortorella & Wekstein,

1   North Broadway, Suite 701, White Plains,  New York 10601

Orangetown Planning Board

 

 

RE:               Orangeburg Commons  Site Pian Amendment:  The application of FB Orangetown Retail LLC,  FB Orangetown Retail Three LLC,  FB Orangetown Two LLC, FB Orangetown Hotel LLC, FB Orangetown Hotel Two LLC, and Board of Managers of the Orangeburg Commons Condominium c/o RD Management LLC, applicants and owners (HocHll1erman Tortorella & Wekstein,  LLP, attorneys

for the applicant), for Amendment to the Approved Site Plan –  Final Site Plan

Review, at a site known as “Orangeburg Commons Site Plan Amendment”, 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 170 Route 303, Orangeburg, Town of Orangetown,  Rockland County,  New York, and as shown on the Orangetown Tax Map: Section 74.15,  Block 1,    Lot 21;   LI and Route 303 Overlay zoning districts.

 

Heard by the Planning  Board of the Town of Orangetown  at a meeting held

Wednesday,  July 22, 2015, the Board made the following determinations:

 

Geraldine Tortorella,  Justin Lim, and Alfred Rossi appeared and testified.  The

Board received the following communications:

1  .   Project Review Committee  Report dated July 15,  2015.

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 July 22, 2015.

3. 3. Interdepartmental memorandum from the Department of Environmental

Management and Engineering (DEME),  Town of Orangetown,  signed by

Bruce Peters, P.E.,  dated July 16,  2015.

4. 4. A letter from Hocherman Tortorella & Wekstein, LLP, signed by

Geraldine  Tortorella dated June 16,  2015.

5. Plans prepared by Leonard Jackson Associates, dated June 16,  2015:

o      Drawing	1  of 3:	Title Sheet
e      Drawing e      Drawing	2 of 3: 3 of 3:	Overall  Site Plan  & Commercial Subdivision  Plan Overall Grading,  Drainage & Utility Plan

6. 6. Board Decisions: ACABOR #15-36:  Approved Subject to Conditions,  dated

June 18, 2015,  ACABOR #15-37,  Sign  Plan Approved Subject to Conditions, dated June 18, 2015  and PB #15-18,  Preliminary  Site Plan Amendment Approval Subject to Conditions/  Reaffirmation of Town Board Neg.  Dec.,  dated

May 13,  2015.

 

–

69  S   MB   1     dEml

 

PB #15 .. 34: Orangeburg    Commons   Site  Plan Amendment:     Final  Site  Plan

Approval   Subject   to Conditions

 

 

Town  of Orangetown     Planning     Board  Decision

July 22, 2015

Page2of4

 

 

 

 

There being no one to be heard from the Public, a motion was made to close the Public Hearing portion of the meeting by Thomas Warren and seconded by Stephen Sweeney and carried as follows: Kevin Garvey, Chairman,  aye;

Bruce Bond, Vice Chairman,  absent; William Young,  absent; Robert Dell, aye;

Thomas Warren,  aye; Michael Mandel,  aye and Stephen Sweeney, aye.

 

DECISION:  In  view of the foregoing and the testimony before the Board, the application  was granted  Final Site Plan Approval Subject to the Following  Conditions:

 

1. 1. 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.

 

2. 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 location of the proposed sanitary sewer main to serve the Shops at Orangeburg Commons Site is under review; however, the applicant’s engineer shall prepare an alternative layout to reach the existing manhole more directly, if feasible.

 

4. 4. The applicant shall comply with all pertinent items in the Guide to the

Preparation  of Site Plans  prior to signing the final  plans.

 

5. 5. All reviews and approvals from various governmental agencies must be obtained prior to stamping of the Site Pla

 

6. 6. All of the conditions of this decision,  shall  be binding upon the owner of the subject property,  its successors and /or assigns,  including  the requirement to maintain the property in accordance With the conditions  of this decision and the requirement,   if any, to install  improvements  pursuant to Town Code 21A-9. Failure to abide by the conditions of this decision  as set forth herein shall be considered a violation  of Site Plan Approval pursuant to Town Code §21A-4.

 

7. TREE PROTECTION: The following note shail 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:

 

PB #15-34: Orangeburg  Commons  Site Plan Amendment:  Final  Site Plan

Approval Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page 3 of 4

 

 

 

Continuation  of Condition  #7 …

 

1. No construction equipment shall be parked under the tree canopy.
2. b. There will be no excavation or stockpiling of earth underneath the tre
3. Trees designated to be preserved shall be marked conspicuously on all sides at a 5 to 1 O foot height.
4. The Tree Protection Zone for trees designated to be preserved will be established by one of the following methods:

– One ( 1) foot radius from trunk 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%  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.

 

8. 8. All landscaping shown on the 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.

 

9. 9. 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 inspectio

 

10. The contractor’s trailer, if any is proposed, shall be located as approved by the Planning Board.

 

~                                .

GS  6 .rJH   1    cLiS ~m

 

 

PB #15-34:  Orangeburg  Commons  Site Plan Amendment:  Final  Site Plan

Approval Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

July 22J 2015

Page 4of4

 

 

 

11. lf 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  chance  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).

 

 

12. 12. Permanent  vegetation  cover of disturbed  areas shall be established  on the site within thirty (30) days of the completion   of constructio

 

13. 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

 

14. 1 The Planning  Board shall retain jurisdiction  over lighting,  landscaping,   signs and  refuse  control.

 

The foregoing  Resolution   was  made and moved by Thomas  Warren  and seconded  by Stephen  Sweeney  and carried  as follows:  Kevin Garvey,   Chairman, aye;  Bruce  Bond,   Vice  Chairman,  absent; William  Young,  absent;  Thomas

Warren,   aye; Robert  Dell,   aye;  Michael  Mandel,   aye and Stephen  Sweeney,  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:  July 22J  2015               /b  ff~        A  -~.c,    ~

Cheryl  Coopersmith           ~                     <:..-66 {   .    0~~}

Chief  Clerk  Boards and Commission

 

~

SS  S  ~tg  t   d3S SW

 

PB #15-36:  4-6 Dexter  Plaza  Internal   Commercial    Subdivision  Plan:  Final

Approval Subject to Conditions/ Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page 1of6

 

TO:                 Donald  Brenner,  P.E., LLB.,

4 Independence  Avenue, Tappan,  New York

 

FROM:           Orangetown   Planning  Board

 

RE:               4-6 Dexter Plaza  Internal  Commercial  Subdivision  Plan: The application  of Nicholas  Miele, owner,  (Donald  Brenner, Attorney  for the owner) for Prepre!iminary/   Preliminary/  Final Internal  Commercial  Subdivision  Plan

review, at a site known as “4-6 Dexter Plaza Internal  Commercial  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,  Chapter  21 of

the Code of the Town  of Orangetown  and to determine  the environmental

significance  of the application  pursuant  to the requirements  of the New York State Environmental   Quality  Review Act.  The site is located at 6 East Dexter Plaza,  Pearl River, Town  of Orangetown,   Rockland  County,  New York, and as shown  on the Orangetown  Tax Map as Section  68.20,  Block  1, Lot 1./40, in the LIO zoning  district.

 

Heard by the Planning  Board of the Town of Orangetown  at a meeting  held

Wednesday~ July 22, 2015, the Board made the following  determinations:

 

Donald  Brenner  and Thomas  Bertussi  appeared  and testified. The Board received  the following  communications:

1. Project Review Committee Report dated  July 15, 2015.
2. Interdepartmental memorandum   from the Office of Building,  Zoning,  Planning

Administration   and Enforcement,  Town  of Orangetown,  signed  by

John Giardiello,  P.E., Director,  dated July 22, 2015.

3. An interdepartmental memorandum   from the Department  of Environmental Management  and Engineering  (DEME),  Town  of Orangetown,  signed  by Bruce  Peters,  P.E., dated  July 15, 2015.
4. A letter from the Rockland County Department  of Planning,  signed  by

Douglas  Schuetz,  Acting  Commissioner  of Planning  dated July 8, 2015.

5. A letter from the Rockland County  Department  of Highways,  signed  by

Sonny  Lin, P.E., dated July 8, 2015.

6. Letters from the Rockland County Department  of Health, signed  by

Scott McKane,  P.E., Senior  Public Health  Engineer,  dated

June  16, 2015

7. A letter from Rockland County  Sewer  District  No. 1, signed  by

Joseph  LaFiandra,  Engineer,  dated June 26, 2015.

8. A letter from the Town of Orangetown Zoning  Board of Appeals,  signed  by

Dan Sullivan,  Chairman,  dated June  17, 2015.

9. An interdepartmental memorandum   from the Bureau  of Fire Prevention,  Town of Orangetown,  signed  by Michael  8. Bettmann,  Chief Fire Inspector,  dated

June 22, 2015.

10. A Short Environmental Assessment  Form signed  by Donald  Brenner,  dated

June 9, 2015.

 

 

3t.Hddti ~;iH3la   MA\~U

I

 

PB #15-36:  4-6 Dexter  Plaza  Internal   Commercial    Subdivision  Pian:  Final

Approval Subject to Conditions/ Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page z er e

 

 

 

11. Subdivision Plan prepared  by Albert  Dattoli Architect,  dated

March 30, 2015:

A 1  of 2: Lower Level Plan

A2 of 2: Upper Level Plan

12. Commercial Subdivision  Plan prepared  by Jay Greenwell,  PLS, dated

March  16, 2015.

13. Copy of PB #11-59, Dexter Plaza  Internal Commercial  Subdivision   Plan; Final Approval  Subject  to Conditions/  Neg. Dec., dated  December  14, 2011.

 

The Board reviewed  the information  submitted

 

 

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 Thomas  Warren  and second  by Michael  Mandel  and carried as follows:

Kevin Garvey,  Chairman,  aye; Bruce Bond, Vice Chairman,  absent;  William Young,  absent;  Robert  Dell, aye; Stephen  Sweeney,  aye; Michael  Mandel,  aye and Thomas  Warren,  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 Thomas  Warren  and seconded  by Stephen  Sweeney  and carried as follows:  Kevin Garvey,  Chairman,  aye; Bruce Bond, Vice Chairman, absent;  William  Young,  absent;  Robert  Dell, aye; Stephen  Sweeney,  aye;

Michael  Mandel,  aye and Thomas  Warren,  aye, the Board declared  itself Lead

Agency.

 

 

Pursuant  to New York Code,  Rules & Regulations  (NYCRR)  Section  617.7, the Town of Orangetown   Planning  Board, as lead agency,  for the reasons  articulated in this Board’s  analysis  of all of the submissions   by the applicant,  interested agencies,  departments  and the public, with respect to this project  including  the Environmental  Assessment   Form, which  reasons  are summarized   in the motion, hereby determines  that the proposed  action will not have a significant  impact on the environment   and a Draft Environmental   Impact Statement  (DEIS) will not be prepared.

 

 

After  having identified  the relevant  areas of environmental   concern,  namely drainage,  surface water  runoff,  land clearing,  vegetation,  fauna,  traffic  and noise levels, and after having taken  a hard look at said environmental   issues,  and after having deliberated  regarding  such concerns,  and having  heard from the

applicant,  the applicant’ s professional  representatives,   namely Albert  Datto Ii

Architect,  and Jay Greenwell,  PLS and having heard from the following  offices,

 

PB #15-36: 4-6 Dexter Plaza Internal Commercial  Subdivision  Plan: Final

Approval  Subject  to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page 3of6

 

 

 

officials and/or Departments: (Town of Orangetown): Project Review Committee, Office of Building, Zoning, Planning Administration and Enforcement and Department of Environmental Management and Engineering; and having heard from the following involved and interested agencies: Town of Orangetown Zoning Board of Appeals, Rockland County Department of Highways, Rockland County Department of Health, Rockland County Sewer District No.1,  and having reviewed a proposed Internal Subdivision plan by prepared by Albert Dattoli Architect, and Jay Greenwell, PLS, a summary of the reasons supporting this determination are, and the Planning Board finds, that the proposed action:

 

e     Will not significantly affect existing air quality or noise levels;

e      Will not significantly affect existing surface water quality or quantity or drainage;

o     Will not significantly affect existing ground water quality or quantity;

9         Will not significantly affect existing traffic levels;

61            Will not create a substantial increase in solid waste production;

• Will not create a potential for erosion, flooding, leaching or drainage problems;

6l         Will not have a significant adverse impact on the environmental characteristics of our critical environmental area or environmentally sensitive sites or features;

0           Will not have an impairment of the character or quality of important historical, archeological or architectural resources; -Will not have an impairment of the character or quality of important aesthetic resources;

• Will not have an impairment of existing community or neighborhood character;

e      Will not remove or destroy large quantities of vegetation or fauna;

• Will not remove or destroy large quantities of wildlife species or migratory fish;

o     Will not have a significant adverse impact to natural resources;

• Is consistent with the Town of Orangetown’s Comprehensive/Master Plan;
• Will not have adverse economic or social impacts upon the Town;
• Will not create a hazard to human health; and

o      Will not create a substantial change in the use of land, open space or recreational resources.

 

On motion by William Young and seconded by Jeffrey Golda and carried as follows: On motion by Thomas Warren and seconded by Michael Mandel and carried as follows: Kevin Garvey, Chairman, aye; Bruce Bond, Vice Chairman, absent; Michael Mandel, aye; William Young, absent; Robert Dell, aye; Thomas Warren, aye and Stephen Sweeney, aye, the Board declared itself Lead Agency. the Board made a Negative Declaration pursuant to SEQRA.

 

PB #15-36:  4-6 Dexter  Plaza  Internal   Commercial    Subdivision  Plan:  Final

Approval  Subject to Conditions/  Neg.  Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

July  22, 2015

Page 4 of 6

 

DECISiON:   Jn view of the foregoing and the testimony before the Board, the application was granted a Final Internal  Commercial  Subdivision Plan 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. 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 applicant is requesting an internal  commercial  subdivision  of the building on lot 4.  Indicate what the proposed  tenant  spaces  will be used for.  The uses must comply with the LI zone district.

 

4. The Short Environmental Assessment  Form appears  to be in order.

 

 

5. The location of the existing sanitary building  connection  shall  be shown on the plan.

 

 

6. Please clearly identify the use for each unit/space, such as “office”, “storage”, etc.

 

 

7. Rockland County Department  of Planning  had the following  comments  which are incorporated   herein as conditions  of approval:

 

1. A  review   shall   be  completed    by  the   New  York   State   Department    of

Transportation   and any required  permits  obtained.

 

 

2. A review  shall  be completed   by the  Rockland   County  Drainage  Agency and any required  permits  obtained.

 

3. As required  by the  Rockland  County  Stream  Control  Act,  the  subdivision map  must  be  reviewed   and  approved   by the  Chairman   of the  Rockland County  Drainage   Agency   before  the  Rockland   County  Clerk  will  accept same for filing.

 

4. A review  shall  be  completed   by the  County  of  Rockland   Department   of

Highways  and any required  permits  obtained.

 

 

5. Parking calculations  for the lot must be included  to ensure that adequate parking  is provided  for each building  and its tenants.

 

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PB #15-36:  4-6 Dexter  Plaza  Internal   Commercial    Subdivision    Plan:  Final

Approval   Subject   to Conditions/    Neg.  Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

July  22, 2015

Page 5 of 6

 

 

 

8. The Rockland County Department  of Highway  reviewed  the plans and information  provided  and found  the proposed  action  shall have not foreseeable adverse  impact  upon county  roads  in the area. The proposed  development   is within  500 feet from county  Route 30, a Rockland  County  Highway  Department Work  Permit will be required  prior to any construction  on this development.

 

9. The Rockland County Department  of Health  reviewed  the provided  information and found  that no Rockland  County  Department  of Health approvals  are associated  with this application.

 

 

10. Rockland County Sewer  District does not object to the plan as shown.  This project does not affect any sanitary  sewers  within  the District and no future correspondence   is requested  for this site.

 

11. The Town of Orangetown   Bureau  of Fire Prevention  had the following comments  in regards to the proposed  development:

 

&       Provide interior plan indicating North, South, East, West, etc …

e       Indicate on plan all existing/proposed –  exist signs, emergency lights, fire alarm devices, fire extinguishers, sprinklers risers, electric panels, etc…

0           Fire alarm system must be an addressable system and must cover entire building, a remote annunciator panel is recommended in a location to be determined.

~      All fire lanes indicated on the site plan must be striped and signed per

Code.

0          Fire sprinkler system must be appropriate for all hazards in the building.

 

12. The following agencies do not object to the Town of Orangetown Planning

Board assuming responsibilities of lead agency for SEQRA purposes:

– Rockland County Sewer District #1

– Rockland County Department of Health

– Rockland County Department of Highways

– Town of Orangetown Zoning Board of Appeals

 

13. The applicant shall comply with all pertinent items in the Guide to the

Preparation of Subdivision Plats prior to signing the final plans.

 

14. All reviews and approvals from various governmental agencies must be obtained prior to stamping of the Subdivision Plan.

 

PB #15-36:   4-6 Dexter Plaza Internal  Commercial  Subdivision  Plan: Final

Approval  Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page 6of6

 

15. All of the conditions of this decision,  shall be binding  upon the owner of the subject property, its successors and/or assigns,  including the requirement to maintain the property in accordance with the conditions of this decision and the requirement, if any, to install improvements pursuant to Town Code §21A-9. Failure to abide by the conditions of this decision as set forth herein shall be considered a violation of Site Plan Approval pursuant to Town Code §21A-4.

 

The foregoing Resolution was made and moved by Thomas Warren and seconded by Michael  Mandel and carried  as follows: Kevin Garvey, Chairman, aye; Bruce Bond,  Vice Chairman,  absent; Michael Mandel,  aye; William Young, absent; Robert Dell,  aye;  Thomas Warren, aye and Stephen Sweeney, 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: July 22, 2015              fl   a  () A    •       (}.    ~            ~~ Cheryl  Coopersmith               ~~~                             v Chief Clerk Boards and Commissions

attachment

 

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State Environmental  Quality  Review Regulations

NEGATIVE DECLARATION

Notice of Determination  of Non-Significance

 

 

PB #15-36: 4-6 Dexter Plaza Internal  Commercial  Subdivision  Plan: Final

Approval  Subject to Conditions/  Neg. Dec.

Town of Orangetown  Planning  Board

July 22~ 2015

 

 

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: 4-6 Dexter Plaza Internal  Commercial  Subdivision Plan

SEQR STATUS:     Type I                                  Unlisted XXXXXX

CONDITIONED NEGATIVE  DECLARATION: Yes                No  :XXXXXX

 

DESCRIPTION Of  ACTION: Internal  Commercial  Subdivision LOCATION: The site is located at 6 East Dexter Plaza, Pearl River, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 68.20, Block 1, Lot 1./40, in the LIO zoning district.

 

REASONS SUPPORTING THIS DETERMINATION:

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:

The project will not have a significant impact upon the environment and a DEIS need not be prepared because the proposed action does not significantly affect air quality, surface or ground water quality, noise levels or existing external traffic patterns. In addition, it will have no impact upon the aesthetic, agricultural or cultural resources of the neighborhood. No vegetation, fauna or wildlife species will be affected as a result of this proposed action. The proposed action is consistent with the Town of Orangetown’s Master Plan and will not have any adverse economic or social impacts upon the Town or its businesses or residences.

If Conditioned Negative Declaration, the specific mitigation is provided on an attachment.

For Further Information contact:

John Giardiello, P.E., Director, Office of Building, Zoning and Planning

Administration and Enforcement

Town of Orangetown

20 Greenbush Road

Orangeburg, NY 10962

Telephone Number: 845-359-5100

For Type I  Actions and Conditioned Negative Declarations, a copy of this notice is sent: – Commissioner, New York State Department of Environmental Conservation, – Region 3 Headquarters, Town Supervisor, Applicant, Involved Agencies

 

1

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PB #15-37:  60 –  70 West  Dexter  Plaza  Internal   Commercial    Subdivision

Plan:  Final  Approval   Subject   to Conditions/ Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page 1of5

 

 

TO:                 Donald  Brenner,  P.E., LLB.,

4 Independence  Avenue, Tappan,  New York

 

FROM:           Orangetown   Planning  Board

 

 

RE:               60-70 West  Dexter Plaza  Internal Commercial  Subdivision   Plan: The application  of Thomas  Bertussi,  applicant,  for TriBee  Ltd., owner, (Donald Brenner,  Attorney  for the owner) for Prepreliminary/   Preliminary/  Final Internal Commercial  Subdivision   Plan review,  at a site known as “60-70 West Dexter Plaza internal  Commercial  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,  Chapter  21 of the Code  of the Town of Orangetown

and to determine  the environmental   significance  of the application  pursuant  to the requirements  of the New York State  Environmental  Quality  Review Act.  The site is located  at 60-70 Dexter Plaza,  Pearl River, Town  of Orangetown,

Rockland  County,  New York, and as shown  on the Orangetown  Tax  Map as

Section  68.20,  Block  1, Lot 1./30, in the LI zoning  district.

 

Heard by the Planning  Board of the Town of Orangetown  at a meeting  held

Wednesday,  July 22, 2015, the Board made the following  determinations:

 

Donald  Brenner  and Thomas  Bertussi  appeared  and testified. The  Board received the following  communications:

1. Project Review Committee Report dated July 15, 2015.
2. Interdepartmental memorandum  from the Office of Building, Zoning,  Planning

Administration   and Enforcement,  Town  of Orangetown,  signed  by

John Giardiello,  P.E., Director,  dated July 22, 2015.

3. An interdepartmental memorandum   from the Department  of Environmental Management   and Engineering  (DEME),  Town  of Orangetown,  signed  by Bruce  Peters,  P.E., dated July  15, 2015.
4. A letter from the Rockland County Department  of Planning,  signed  by

Douglas  Schuetz,  Acting  Commissioner   of Planning  dated July 8,  2015.

5. A letter from the Rockland County Department  of Highways,  signed  by

Sonny  Lin, P.E., dated July 16, 2015.

6. Letters from the Rockland County Department  of Health, signed  by

Scott  McKane,  P.E., Senior  Public  Health Engineer,  dated

June 23, 2015

7. A letter from Rockland County  Sewer  District  No. 1, signed  by

Joseph  LaFiandra,  Engineer,  dated June 26, 2015.

8. A letter from the Town of Orangetown Zoning  Board of Appeals,  signed  by

Dan Sullivan,  dated June  16, 2015.

9. Interdepartmental memorandums   from the Bureau of Fire Prevention,  Town  of

Orangetown,  signed  by Michael  B. Bettmann,  Chief Fire Inspector,  dated

June  16 & 19, 2015.

 

 

 

PB #15-37:  60 –  70 West  Dexter  Plaza  Internal   Commercial    Subdivision

Pian:  Final  Approval  Subject to Conditions/  Neg. Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

July  22, 2015

Page 2 of 5

 

 

10. A Short Environmental Assessment   Form signed  by Donald  Brenner,  dated

June  16, 2015.

11. Subdivision Plan prepared by Albert  Dattoli Architect,  dated

March 31, 2015:

A 1    of 2: Lower Level Plan

A2 of 2: Upper Level Plan

12. Commercial Subdivision Plan prepared  by Jay Greenwell,  PLS, dated

March  16, 2015.

 

 

The Board reviewed  the information  submitted

 

 

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 Michael  Mandel and second  by Thomas  Warren  and carried as follows:

Kevin Garvey,  Chairman,  aye; Bruce Bond, Vice Chairman,  absent;  Michael Mandel,  aye; William  Young,  absent;  Robert Dell, aye; Thomas  Warren,  aye and Stephen  Sweeney,  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 Thomas  Warren  and seconded  by Stephen  Sweeney  and carried  as follows:  Kevin Garvey,  Chairman,  aye; Bruce Bond, Vice Chairman, absent;  Michael  Mandel,  aye; William  Young,  absent;  Robert  Dell, aye; Thomas Warren,  aye and Stephen  Sweeney,  aye, the Board declared  itself Lead Agency.

 

Pursuant  to New York  Code,  Rules & Regulations  (NYCRR)  Section  617.7,  the Town  of Orangetown   Planning  Board,  as lead agency,  for the reasons  articulated in this Board’s  analysis  of all of the submissions   by the applicant,  interested agencies,  departments  and the public, with respect to this project  including  the Environmental  Assessment   Form, which  reasons  are summarized   in the motion, hereby determines  that the proposed  action will not have a significant  impact on the environment   and a Draft Environmental   Impact Statement  (DEIS) will not be prepared.

 

 

PB #15-37:  60 –  70 West  Dexter  Plaza  Internal   Commercial    Subdivision

Plan:  Final  Approval   Subject   to Conditions/  Neg.  Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

July  22, 2015

Page 3 of 5

 

 

After having identified the relevant areas of environmental concern, namely drainage, surface water runoff, land clearing, vegetation, fauna, traffic and noise levels, and after having taken a hard look at said environmental issues, and after having deliberated regarding such concerns, and having heard from the applicant, the applicant’s professional representatives, namely Albert Dattoli, R.A. and Jay Greenwell, PLS, and having heard from the following offices, officials and/or Departments: (Town of Orangetown): Project Review Committee, Office of Building, Zoning, Planning Administration and Enforcement and Department of Environmental Management and Engineering; and having heard

from the following involved and interested agencies: Town of Orangetown Zoning

Board of Appeals, Rockland County Department of Highways, Rockland County Department of Health, Rockland County Sewer District No.1, and having reviewed a proposed Internal Subdivision plan by prepared by Albert Dattoli, R.A. and Jay Greenwell, PLS, a summary of the reasons supporting this determination are, and the Planning Board finds, that the proposed action:

 

 

• Will not significantly affect existing air quality or noise levels;

*   Will not significantly affect existing surface water quality or quantity or drainage;

• Will not significantly affect existing ground water quality or quantity;

e     Will not significantly affect existing traffic levels;

• Will not create a substantial increase in solid waste production;

e       Will not create a potential for erosion, flooding, leaching or drainage problems;

s       Will not have a significant adverse impact on the environmental characteristics of our critical environmental area or environmentally sensitive sites or features;

• Will not have an impairment of the character or quality of important historical, archeological or architectural resources; -Will not have an impairment of the character or quality of important aesthetic resources;

e      Will not have an impairment of existing community or neighborhood character;

e      Will not remove or destroy large quantities of vegetation or fauna;

e       Will not remove or destroy large quantities of wildlife species or migratory fish;

0         Will not have a significant adverse impact to natural resources;

• Is consistent with the Town of Orangetown’s Comprehensive/Master Plan;

e     Will not have adverse economic or social impacts upon the Town;

e      Will not create a hazard to human health; and

e       Will not create a substantial change in the use of land, open space or recreational resources.

 

On motion by Thomas Warren and seconded by Stephen Sweeney and carried as follows: Kevin Garvey, Chairman, aye; Bruce Bond, Vice Chairman, absent; Michael Mandel, aye; William Young, absent; Robert Dell, aye; Thomas Warren, aye and Stephen Sweeney, aye, the Board made a Negative Declaration pursuant to SEQRA.

 

 

PB #15-37:  60 –  70 West  Dexter  Plaza  internal   Commercial    Subdivision

Plan:  Final  Approval  Subject to Conditions/  Neg.  Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

July  22, 2015

Page 4 of 5

 

 

 

DECISION: In view of the foregoing and the testimony before the Board, the application was granted a Final Internal  Commercial  Subdivision Plan 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. 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 11  Regulations

 

3. The applicant is requesting an internal commercial subdivision of the building on Jot 3. Indicate what the proposed tenant spaces will be used for. The uses must comply with the LI zone district.

 

4. The Short Environmental Assessment Form appears to be in order.

 

5. The location of the existing sanitary building connection shall be shown on the plan.

 

6. Please clearly identify the use for each unit/space, such as “office”, “storage”, etc.

 

7. Rockland County Department of Planning had the following comments which are incorporated herein as conditions of approval:

 

e	A  review  shall  be  completed  by the  New York  State  Department of Transportation and any required permits obtained.
@	A review shall be completed by the Rockland County Drainage Agency and any required permits obtained.
“	As required by the Rockland County Stream Control Act, the subdivision map must be reviewed and approved by the Chairman of the Rockland
	County Drainage Agency before the Rockland County Clerk will accept same for filing.
e	A review shall be completed by the County of Rockland Department of Highways and any required permits obtained.
•	Parking calculations for the lot must be included to ensure that adequate	.

parking is provided for ach building and its tenants.                3~t.:l.:1®  ~Xid31~f-l~.ul

 

PB #15-37: 60 –  70 West Dexter Plaza Internal Commercial  Subdivision

Plan:  Final Approval  Subject to Conditions/  Neg. Dec. Town of Orangetown  Planning  Board Decision

July 22, 2015

Page 5 of 5

 

8. The Rockland County Department of Highway reviewed the plans and information provided and found the proposed action shall have not foreseeable adverse impact upon county roads in the area. The proposed development is within 500 feet from East Central Avenue, a Rockland County Highway Department Work Permit will be required prior to any construction on this development.

 

9. The Rockland County Department of Health reviewed the provided information and found that no Rockland County Department of Health approvals are associated with this application.

 

10. 10. Rockland County Sewer District does not object to the plan as shown. This project does not affect any sanitary sewers within the District and no future correspondence is requested for this

 

11. The Town of Orangetown Bureau of Fire Prevention had the following comments in regards to the proposed development:

• Provide interior plan indicating North, South, East, West, etc …

e                Indicate on plan all existing and proposed exist signs, emergency lights, fire alarm devices, fire extinguishers, sprinkler risers, etc …

• Fire Alarm System must be an addressable system and must cover the entire building.
• All Fire Lanes indicated on the Site Plan must be striped and Signed per code.

 

12. The following agencies do not object to the Town of Orangetown Planning

Board assuming responsibilities  of lead agency for SEQRA purposes:

– Rockland County Sewer District #1

– Rockland County Department of Health

– Rockland County Department of Highways

-Town  of Orangetown Zoning Board of Appeals

 

13. 13. The applicant comply with all pertinent items in the Guide to the

Preparation of Subdivision Plats prior to signing the final plans.

 

14. All reviews and approvals from various governmental agencies must be obtained prior to stamping of the Subdivision Plan.

 

15. All of the conditions of this decision,  shall be binding  upon the owner of the subject property, its successors and/or assigns, including the requirement to maintain the property in accordance with the conditions of this decision and the requirement, if any,  to install improvements pursuant to Town Code §21A-9. Failure to abide by the conditions of this decision  as set forth herein shall be considered a violation of Site Plan Approval pursuant to Town Code §21A-4.

 

The foregoing Resolution was made and moved by Michael Mandel and seconded by Thomas Warren and carried as follows: Kevin Garvey, Chairman, aye;  Bruce Bond,  Vice Chairman,  absent; Michael Mandel, aye; William Young, absent; Robert Dell,  aye; Thomas Warren, aye and Stephen Sweeney, 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

C!£JD~A5<1            _

of the Planning Board.          ~                                                ~:f~H:.trn s;.:¥::nti  NM®l

Dated:  July  22, 2015                1J

Cheryl Coopersmith                                                T”  – u  •                  –               6   w”H        d3S )ffiZ

Chief Clerk Boards and Commissions;· attachment                                                  –

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Town  of Orangetown    Planning   Board  – attachment State Environmental  Quality Review Regulations NEGATIVE DECLARATION

Notice of Determination  of Non-Significance

 

 

PB #15-37: 60-70 West Dexter Plaza internal  Commercial  Subdivision Plan: Final Approval Subject to Conditions/ Neg. Dec.

Town of Orangetown  Planning  Board

July  22, 2015

 

 

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 wifl not be prepared.

 

NAME OF ACTION: 60-70 West Dexter Plaza internal  Commercial

Subdivision Plan

SEQR STATUS:     Type I                                           Unlisted XXXXXX

CONDITIONED NEGATIVE  DECLARATION: Yes                No  XXXXXX

 

DESCRIPTION OF ACTION: Internal  Commercial  Subdivision

LOCATION: The site is located at 60-70 West Dexter Plaza, Pearl River, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 68.20, Block 1, Lot 1./30, in the LIO zoning district.

 

REASONS SUPPORTING THIS DETERMINATION:

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:

The project will not have a significant impact upon the environment and a DEIS

need not be prepared because the proposed action does not significantly affect

air quality, surface or ground water quality, noise levels or existing external

traffic patterns. In addition, it will have no impact upon the aesthetic, agricultural or cultural resources of the neighborhood. No vegetation, fauna or wildlife species will be affected as a result of this proposed action. The proposed action is consistent with the Town of Orangetown’s Master Plan and will not have any adverse economic or social impacts upon the Town or its businesses or residences.

If Conditioned Negative Declaration, the specific mitigation is provided on an attachment.

For Further Information contact:

John Giardiello, P.E., Director, Office of Building, Zoning and Planning

Administration and Enforcement

Town of Orangetown

20 Greenbush Road

Orangeburg, NY 10962

Telephone Number: 845-359-5100

For Type I  Actions and Conditioned Negative Declarations, a copy of this notice is sent  – Commissioner, New York State Department of Environmental Conservation, – Region 3 Headquarters, Town Supervisor, Applicant, Involved Agencies

 

PB #15-38:  Merritt   Subdivision   Plan-  Final  Subdivision  Plan  Approval

Subject to Conditions

 

 

Town of Orangetown  Planning  Board Decision

July  22, 2015

Page1of10

 

TO:

FROM:

Edward Merritt,   9 Merritt Drive, Nanuet, New York

Orangetown  Planning  Board

 

 

RE:                Merritt Subdivision   Plan: The application  of Edward  Merritt, owner, (Donald  Brenner,  attorney  for the owner),  for Final Subdivision  Plan Review  at a site to be known as “Merritt   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,  Chapter  21 of the Code of the Town  of Orangetown. The site is located  at 390 Ehrhardt  Road and 17 Merritt  Drive, Pearl River, Town of Orangetown,   Rockland  County,  New York, and as shown on the Orangetown Tax  Map as Section  64.18,  Block  1,  Lot 78.1 and Section  64.18,  Block  1,  Lot

78.3, R-15 zoning  district.

 

 

Heard by the Planning  Board of the Town  of Orangetown   at meetings  held

Wednesday,  July 22, 2015, the Board made the following  determinations:

 

Ed Merritt, T. J. Ryan and Donald  Brenner  appeared  and testified. The  Board received the following  communications:

1  .   Project Review  Committee  Report dated July 15, 2015.

2. An interdepartmental memorandum   from the Office of Building,  Zoning, Planning  Administration   and  Enforcement,  Town  of Orangetown,  signed  by John  Giardiel!o,  P.E., Director,  dated  July 22, 2015.
3. An Interdepartmental memorandum  from the Department  of Environmental

Management  and  Engineering  (DEME),  Town of Orangetown,  signed  by

Bruce Peters,  P.E., dated July 17, 2015.

4. A letter from Brooker Engineering,  signed  by Kenneth  DeGennaro,  P.E., dated July 22, 2015.
5. A letter from the Rockland County Department  of Planning,  signed  by

Douglas  Schuetz,  Acting  Commissioner  of Planning  dated July 20, 2015.

6. A letter from the Rockland County Department  of Highways,  signed  by

Sonny  Lin, P.E., dated July 21, 2015.

7. A letter from the Rockland County Department  of Health,  signed  by

Scott McKane,  P.E., Senior  Public Health  Engineer,  dated  June 26, 2015.

8. Copies of the following Board Decisions:  ACABOR  #15-34,  dated

June  18, 2015, Approved  with Conditions,  ZBA #15-53,  dated June  17, 2015, Approved  Variances  for New York State Town  Law Section  280A Exception  for Lots 3A, 38  & 58;  Street  Frontage  for Lots 3A, 38 & 58;  Front Yard for Lot 38, Rear Yard for Lot 38,  and Building  Height for Lots 3A,  38 and 58, Approved  and PB #15-10,  Preliminary  Subdivision   Plan Approval  Subject  to Conditions/  Neg. Dec., dated April 22, 2015.

 

PB #15-38:  Merritt  Subdivision   Plan-   Final  Subdivision    Plan  Approval

Subject   to Conditions

 

 

Town  of Orangetown    Planning   Board  Decision

July  22, 2015

Page 2of10

 

9. Merritt Minor Subdivision   Plans for Sparaco  and Youngblood,   PLLC, dated

January  15, 2015,  last revision date of June  17, 2015: Drawing  1   of 11: Minor Subdivision   Plat

Drawing  2 of 11: Planimetric  Plan

Drawing  3 of 11: Grading,  Utilities  & Erosion  Control  Plan

Drawing  4 of 11: Tree  Protection  & Planting  Plan

Drawing  5 of 11 :   Road Profile

Drawing  6 of 11 :   Drainage  Profiles

Drawing  7 of 11 :   Sanitary  House  Connection  Profiles

Drawing  8 of 11: Existing Conditions

Drawing  9 of 11: Details – 1

Drawing  10 of 11 :     Details – 2

Drawing  11  of 11  :  Details – 3

 

The Board reviewed  the plans.

 

 

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 Michael  Mandel and seconded  by Stephen  Sweeney  and carried  as follows:  Kevin Garvey,  Chairman,  aye; Bruce Bond, Vice Chairman,  absent;  Michael  Mandel,  aye; William  Young,  absent; Robert  Dell, aye; Thomas  Warren,  aye and Stephen  Sweeney,  aye.

 

DECISION:   In view  of the  foregoing  and  the testimony  before  the  Board,  the application    was  granted   a Final  Subdivision     Plan 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. 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.

 

PB #15m38: Merritt  Subdivision     Plan-   Final  Subdivision    Plan  Approval

Subject to Conditions

 

 

Town  of Orangetown    Planning   Board  Decision

July 22, 2015

Page 3of10

 

 

 

3. The applicant shall comply with all pertinent and applicable conditions of all previous Board Decisions: ACABOR #15-34, dated June 18, 2015, Approved

with Conditions, ZBA #15-53, dated June 17, 2015, Approved Variances for New York State Town Law Section 280A Exception for Lots 3A, 38 & 58; Street Frontage for Lots 3A, 38 & 58; Front Yard for Lot 38, Rear Yard for Lot 38, and Building Height for Lots 3A, 38 and 58, Approved and PB #15-10, Preliminary Subdivision Plan Approval Subject to Conditions/ Neg. Dec., dated April 22,

2015.

 

 

4. The deed to each lot shall contain a covenant that the roadway is to be private. Each owner shall be responsible for the maintenance and repair of the private roadway serving the owners of the lots and equally responsible for maintenance and repair of the roadway.

 

5. The SESC plan is under review by DEME, however a stabilized construction entrances at both ends of the proposed private road shall be added to the plans. Also, erosion control measures shall be depicted for each of the lots/ proposed homes/ driveways.

 

 

6. The two catch basins in the new proposed private road at the south west corner of lot 5A sha!I be relocated to the intersection with Ehrhardt Road.

 

7. A copy of the Home Owners Association agreement shall be sent to DEME

and the Town Attorney’s Office.

 

8. A post construction stormwater maintenance agreement (in accordance with NYSDEC Phase II regulations) for the proposed stormwater systems shall be submitted to DEME and the Town of Orangetown Town Attorney’s office for review and approval. Said agreement shall include a maintenance and management schedule, inspection check list, contact person with telephone number, yearly report to be submitted to DEME, etc.

 

9. A reciprocal agreement over the proposed roadway, across all lots (the existing and the new lots), on, in and over all lots for the benefit of all lots, for ingress, egress and utilities, from Townline Road to Ehrhardt Road shall be depicted on the plans and shall be submitted for review and approval in form and substance by the Town Attorney’s Office and DEME.

 

10. The horizontal curve information at the connection of the new private road with the existing private road, (north side of lot 38) shall be given on the plans. As a reminder to the applicant’s engineer, the minimum length of any horizontal curve is 100 feet at the centerline of the road. Also, the curve length and radii shall be given on the drawing.

 

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PB #15a38:  Merritt Subdivision  Plan-  Final Subdivision Plan Approval

Subject  to Conditions

 

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page4of10

 

 

 

11. The revised Storm Water Pollution Prevention P!an is under review by DEME. A copy of this review will be sent, under separate cover to the applicant’s engineer.

 

 

12. A legend that complies with the NYSDEC Stormwater Management Design

Manual shall be added to the SESC Plans.

 

13. Copies of the proposed sanitary and drainage easements shall be sent to

DEME and the Town Attorney’s Office for review and approval.

 

14. The applicant shall plant additional evergreen trees at the south corner of lot

3A, minimum height of 5 feet.

 

 

15. The Drainage Consultant to the Planning Board, Brooker Engineering reviewed the application and found the application provided sufficient supporting information to demonstrate that mitigation of increases to peak stormwater runoff rates can be achieved. The consultant therefore recommends that the Merritt subdivision be approved for drainage subject to the following comments:

 

Project  Description

This is the fourth drainage review report to the Planning Board for this project; the last review was dated April 22, 2015. The project consists of a four lot subdivision of two existing lots in an R-15 zone at a property located on the east side Ehrhardt Road, at the end of Merritt Drive. There are four clay tennis courts, an office building, and a residential structure that are proposed to be removed in order to build four single family residential structures on the new building lots. Runoff flows downhill in a southeasterly direction towards the developed lots along Villa Drive. An existing driveway connecting Merritt Drive to Ehrhardt Road is proposed to be widened and regraded to serve as a private drive for the new residences. Three separate underground detention structures are proposed to mitigate against increases in stormwater runoff due to additional impervious areas.

 

The underground detention discharges to a swale along the east side of the property adjacent to the subdivision (tax lot 64.18-1-78.4), which is under the same ownership as the applicant. This swale then flows due south along existing off-site residential lots. There is a proposed drainage easement to construct the outfall from the detention basin to tax lot 64.18-1-78.4.

 

Project Comments

 

1. More detail is needed for the grading at the new road entrance at Ehrhardt Road. The area is very flat and additional spot grades are needed to demonstrate no ponding will occur.

 

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PB #15-38:  Merritt  Subdivision     Plan-   Final  Subdivision    Plan  Approval

Subject to Conditions

 

 

Town  of Orangetown    Planning   Board  Decision

July 22, 2015

Page 5of10

 

 

Continuation of Condition  #15….

 

 

2. Updated 24 hour rainfall totals as per NYSDEC Stormwater Design

Manual of January 2015 shall be utilized in the drainage calculations.

3. The proposed drainage easement shall be limited to tax lot 64.18-1-78.5 instead of straddling both tax lots 64.18-1-78.5 and 64.18-1-78.4. A bend shall be introduced in the storm drain pipe prior to outlet at the headwall in this easement, which will reduce the 90 degree alignment of the point source of discharge to the headwall. The headwall as shown does not match the precast concrete headwall on the detail sheet and will most likely need to be cast in place in the field. More detail of this headwall is needed.
4. Provide details for the riprap at the outlet of the headwall.
5. As per the previous reports, the drainage report shall show an additional design point of interest at the storm drain outlet at the headwall (located adjacent to the northwest corner of tax lot 64.18-1-65) and demonstrate there is no increase in peak runoff rates at this location.
6. The hydrologic model uses a curve number of 79 for subarea 1A and the calculations show a curve number of 89 for proposed conditions. The hydrologic model shall be changed.
7. Proposed Underground Detention System B has a 100-year peak stage of

262.53 and the rim at curb inlets 7 & 8 is 261.7. This will result in the road being surcharged. The drainage system shall be revised to eliminate ponding in the road.

8. Cl-11 and 12 are the overflow outlets for Underground Detention System C at the northern limit if the site; they begin surcharging at the 10-year storm and are within 0.2′ of surcharging by the 2-year storm. Additional factor of safety shall be provided to reduce the surcharge potential.
9. Cl-1 is the overflow outlet for Proposed Underground Detention System A and has a rim elevation of 264.4 and is surcharged by the 50-year storm. The weir length in the modeling at this location should utilize the length of the low side of the catch basin grate and not the entire perimeter of the grate.

10.The project shall list the assumed impervious area per lot on the grading plan and per subarea. No patios, decks, walks, etc. are included in the proposed conditions curve numbers. If the plot plans submitted for building permits proposed additional impervious areas than additional stormwater mitigation measures will be required.

11. Individual details for each of the underground detention systems shall be added to the detail sheet. This shall include a plan view of each system and profile with pipe and stone elevations.

12.The foundation drains that tie into the underground detention systems shall have check valves. The outlet point for the sump pump discharge shall be added to the plan.

 

PB #15m38: Merritt Subdivision  Plan-  Final Subdivision   Plan Approval

Subject  to Conditions

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page 6of10

 

 

 

16. Rockland County Department of Planning had the following comments which are incorporated herein as conditions of approval:

 

e A review must be completed by the Rockland County Highway Department and any required permits obtained.

 

e As required by the Rockland County Stream Control Act, the subdivision plan must be reviewed and signed by the Chairman of the Rockland County Drainage Agency before the County Clerk can accept and the plan to be filed.

 

• As indicated in the June 26, 2015 letter from the Rockland County  Health Department, an application must be made to them for review of the stormwater management system to ensure compliance with the County Mosquito Code.

 

0   A map note must be added stating who will be responsible for maintenance of the private road for the proposed subdivision.

 

 

• Drawing #1 shall have a map note added to the existing turn around area indicating that it is to be removed.

 

• Water is a scarce resource in Rockland County; thus proper planning and phasing of this project are critical to supplying the current and future residents of the Villages, Towns, and County with an adequate supply of water. In any public water supply improvements are required; engineering plans and specification or these improvement shall be reviewed and approved by the Rockland County Department of Health prior to construction in order to ensure compliance with Article 11, Drinking Water Supplies of the Rockland County Sanitary Code and Part 5 of the New York State Sanitary Code.

 

e  For installation of a sanitary sewer system, engineering plans and specifications shall be reviewed and approved by the Rockland County Department of Health prior to construction.

 

a  Prior to any grading or construction on the site, a soil and erosion control plan shall be developed that meets the New York State Guidelines for Urban Erosion and Sediment Control.

 

 

e  There shall be no net increase in the peak rate of discharge from the site at all design points.

 

 

17. The Rockland County Department of Highways reviewed the plans and offered the following comments:

e      A Rockland County work permit is required for the proposed development and must be obtained prior to any construction on site.

 

PB #15-38: Merritt Subdivision   Plan-  Final Subdivision  Plan Approval

Subject to Conditions

 

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page7of10

 

 

18. The Rockland County Department of Health (RCDOH) reviewed the plan and offered the following comments:

o      Application is to be made to the RCDOH for review of the storm water management system for compliance with the County Mosquito Code.

 

19. Based upon Rockland County Drainage Agency (RCDA) evaluation of available mapping and information submitted, it has been determined that the proposed activity is outside the jurisdiction of the RCDA. Therefore, a permit from the RCDA pursuant to the Rockland County Stream Control Act, Chapter 846, is not required based upon its review of the information provided. However,

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 County Clerk can accept same for filing.

 

20. The Town of Orangetown Fire Prevention Bureau had the following comments:

 

 

e      All roadways, turnarounds, etc…. must provide a proper turning radius to accommodate a 55 foot long pierce of fire apparatus with a wheelbase of 254 inches. Where private roadway meets Merritt Drive, there is at-shaped turn around shown, if the private roadway terminates at Merritt Drive, then the turnaround must comply with Section FD103 of the New York State Fire Code and be shown in compliance on the site plan.

 

 

• All roadways must be a minimum of 20 feet in width with vertical clearance of 13 feet, 6 inches, and able to support fire apparatus weighing up to 75,000 lbs.

 

 

$           Bridges, culverts, elevated surfaces shall comply with the following: Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in

accordance with AASHTO Standard Specification for Highway Bridges. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridqes when required by

the Fire Inspector. Where elevated surfaces designed for emergency

vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the Fire Inspector.

 

21. Where a reservation of land for recreation purposes has been deemed by the Planning Board to be inadequate, Money in Lieu of Land for recreation purposes must be collected in accordance with Section 21-20 of the Land Development Regulations ($9,000.00 for every vacant new residential lot). In addition, for every new vacant residential lot, $80.00 will be collected for the Stream Maintenance Fund.

 

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PB #15-38: Merritt Subdivision   Pian-  Final Subdivision  Plan Approval

Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

July 22,  2015

Page  8of10

 

 

 

22. 22. The applicant shall comply with all pertinent items in the Guide to the

Preparation of Subdivision Plans prior to signing the final plans.

 

23. 2 All reviews and approvals from various governmental agencies must be obtained prior to stamping of the Subdivision Plan.

 

24. 24. TREE PROTECTION: The following note shall be placed on the site 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 preserve and protect existing trees to remain  are as follows:

1. No construction equipment shall be parked under the tree canopy.
2. b. There will be no excavation or stockpiling of earth underneath the trees.
3. c. Trees designated to be preserved shall  be marked conspicuously   on all sides at a 5 to 10 foot heig
4. 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 trunk 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.

 

e Light Impacts Only –  Installation  of%  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.

 

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PB #15-38:  Merritt  Subdivision   Plan-    Final  Subdivision   Plan Approval

Subject  to Conditions

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page 9of10

 

25. 25. All landscaping shown on the site plans shall be maintained in a vigorous growing condition throughout the duration of the use of this s Any plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season.

 

26. 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.

 

27. The contractor’s trailer, if any is proposed, shall be located as approved by the Planning Board.

 

28. 28. 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 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).

 

29. 29. Permanent vegetation cover of disturbed areas shall be established on the site within thirty (30) days of the completion  of constructio

 

30. 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

 

31. The Planning Board shall retain jurisdiction  over lighting,  landscaping,  signs and refuse control.              I

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PB #15-38: Merritt Subdivision   Plan- Fina! Subdivision   Plan Approval

Subject  to Conditions

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page  10of10

 

32. All of the conditions of this decision, shall be binding upon the owner of the subject property, its successors and /or assigns, including the requirement to maintain the property in accordance with the conditions of this decision and the requirement, if any, to install improvements pursuant to Town Code §21. Failure to abide by the conditions of this decision as set forth herein shall be considered a violation of Subdivision Plan Approval pursuant to Town Code §21 and §6A.

 

The foregoing Resolution was made and moved by Thomas Warren and seconded by Stephen Sweeney and carried as follows: Kevin Garvey, Chairman, aye; Bruce Bond, Vice Chairman, absent; Michael Mandel, aye; William Young, absent; Robert Dell, aye;  Thomas Warren, aye and Stephen Sweeney, 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;  July 22,  2015

Cheryl Coopersmith

Chief Clerk Boards and Commissions

 

PB #15-39:  The  Club  at Pearl  River  Amendment    to Approved   Site  Plan, Adjustment  for  New Location   of Water  Main-   Final  Approval   Subject   to Conditions

 

 

Town  of Orangetown    Planning   Board  Decision

July  22, 2015

Page  1of8

 

TO:

 

FROM:

Donald Brenner, 4 Independence  Avenue, Tappan

New York 10983

Orangetown  Planning  Board

 

 

RE:               The Club at Pearl River Site Plan Amendment: The application of Pearl River Veterans, LLC, owner, (Donald Brenner, attorney for the owner), for a Prepreliminary/ Preliminary/ Final Site Plan Amendment Review for the adjustment to the plan showing the new location of the water main, at a site known as “The Club at Pearl River Site Pian Amendment”,  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 and to determine the environmental significance of the application pursuant to the requirements of the New York State Environmental Quality Review Act. The site is located at Blue Hill Road South and Veterans Memorial Drive, Pearl River, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 73.10, Block 1, Lot 4; in the PAC

& OP zoning districts.

 

 

Heard by the Planning Board of the Town of Orangetown at meetings held

Wednesday,  July 22, 2015, the Board made the following determinations:

 

Donald Brenner appeared and testified.

The Board received the following communications:

1. Project Review Committee Report dated July 15, 2015.
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 July 22, 2015.
3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters; P.E., dated July 15, 2015.
4. A letter from the Rockland County Department of Planning, signed by

Douglas Schuetz, Acting Commissioner of Planning dated July 15, 2015.

5. A letter from the Rockland county Department of Highways, signed by

Sonny Lin, P.E., dated July 16, 2015.

6. A letter from the Rockland County Department of Health, signed by

Scott McKane, P.E., Senior Public Health Engineer, dated June 22, 2015.

7. A letter from the Rockland County Sewer District No. 1, signed by Joseph

LaFiandra, Engineer ll, dated June 26, 2015.

8. An interdepartmental memorandum from the Bureau of Fire Prevention, Town of Orangetown, signed by Michael Bettmann, Chief Fire Inspector, dated

June 22, 2015.

9. A letter from the New York State Department of Environmental Conservation, Division of Environmental Permits, Region 3, signed by Adiron Corichi, dated June 25, 2015, with an attachment.

 

PB #15-39:  The Club  at Pearl  River  Amendment    to Approved   Site  Plan, Adjustment  for  New location   of Water  Main-   Final  Approval   Subject   to Conditions

 

 

Town  of Orangetown    Planning   Board  Decision

July 22, 2015

Page 2of8

 

 

 

 

10. A letter from the Town of Orangetown Zoning Board of Appeals,  signed  by

Dan Sullivan,  Chairman,  dated June  17, 2015.

11. Short Environmental Assessment  Form signed  by Donald  Brenner, dated

June  12, 2015.                                                                                              ·

12. “The Club at Pearl River Site Plan Amendment,  prepared  by JMC Site Development   Consultants,  dated September  21, 2012 last revision dated June 9, 2015:   Drawing SP-6:  Site Utilities  Plan.

 

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 Stephen  Sweeney  and seconded  by Thomas  Warren  and carried  as follows:  Kevin Garvey,  Chairman,  aye; Bruce Bond, Vice Chairman,  absent;  Michael  Mandel,  aye; William  Young,  absent; Robert  Dell, aye; Thomas  Warren,  aye and Stephen  Sweeney,  aye.

 

Reaffirmation  of SEQRA:

Pursuant  to New York  Code,  Rules & Regulations  (NYCRR)  Section  617.7, the Town of Orangetown   Planning  Board,  as lead agency,  for the reasons  articulated in this Board’s  analysis  of all of the submissions   by the applicant,  interested

agencies,  departments  and the public, with respect to this project  including  the

Environmental  Assessment   Form, which  reasons  are summarized   in the motion, hereby determines  that the proposed  action will not have a significant  impact on the environment   and a Draft Environmental   Impact Statement  (DEIS) will not be prepared.

 

 

After  having identified  the relevant  areas of environmental   concern,  namely drainage,  surface  water  runoff,  land clearing,  vegetation,  fauna,  traffic  and noise levels,  and after having taken  a hard look at said environmental   issues,  and after having deliberated  regarding  such concerns,  and having heard from the

applicant,  the applicant’s  professional  representatives,   namely  JMC Site Development   Consultants  and having  heard from the following  offices,  officials and/or  Departments:  (Town  of Orangetown):   Project  Review Committee,  Office of Building,  Zoning,  Planning  Administration   and  Enforcement  and Department  of Environmental   Management   and Engineering;  and having  heard from the

following  involved  and interested  agencies:  Town of Orangetown  Zoning  Board of

Appeals,  Rockland  County  Department  of Highways,  Rockland  County Department  of Health,  Rockland  County  Sewer  District  No.1,  and having reviewed  a proposed  Amendment  to the Site Plan by prepared  by JMC Site Development  Consultants  a summary  of the reasons  supporting  this determination   are, and the Planning  Board finds, that the proposed  action:

 

PB #15-39:   The  Club  at Pearl  River  Amendment   to Approved  Site  Plan, Adjustment    for  New   location   of Water  Main-   Final  Approval   Subject   to Conditions

 

Town  of Orangetown    Planning    Board  Decision

July 22, 2015

Page 3 of 8

 

 

 

e     Will not significantly affect existing air quality  or noise levels;

• Will not significantly affect existing surface water quality or quantity or drainage;
• Will not significantly  affect existing ground water quality or quantity; ”   Will not significantly affect existing traffic levels;

e     Will not create a substantial  increase in solid waste production;

• Will not create a potential for erosion, flooding, leaching or drainage problems;

~    Will not have a significant  adverse impact on the environmental characteristics of our critical environmental  area or environmentally sensitive sites or features;

e       Will not have an impairment  of the character or quality of important historical,  archeological or architectural resources; -Will not have an impairment  of the character or quality of important aesthetic  resources;

• Will not have an impairment of existing community or neighborhood character;

e       Will not remove or destroy large  quantities  of vegetation or fauna;

e       Will not remove or destroy large quantities of wildlife species or migratory fish;

• Will not have a significant adverse impact to natural  resources;

e     Is consistent with the Town of Orangetown’s Comprehensive/Master  Plan:

e      Will not have adverse economic  or social  impacts upon the Town;

~     Will not create a hazard to human  health;  and

• Will not create a substantial change  in the use of land,  open space or recreational resources.

 

On motion by Thomas Warren and seconded by Michael  Mandel  and carried as follows: Kevin Garvey,  Chairman,  aye; Bruce Bond, Vice Chairman,  absent; Michael  Mandel,  aye; William Young, absent; Robert Dell,  aye;  Thomas Warren, aye and Stephen  Sweeney, aye, the Board reaffirmed the Negative Declaration pursuant to SEQRA.

 

DECISION: In view of the foregoing  and the testimony before the Board, the application  was granted a Final Site Plan Amendment Plan Approval Subject to the Following Conditions:

 

1. 1. 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.”

 

PB #15-39: The Club at Pearl River Amendment  to Approved  Site Plan, Adjustment  for New Location  of Water Main- Final Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page 4 of 8

 

 

 

2. 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 location of the proposed  water  line was moved from  between  Buildings  4 and 5 to a new location  between  Buildings  3 and 4.  The Planning  Board

requests  that any plantings  proposed  to be planted  Buildings  3 and 4 be

relocated  and planted  between  Buildings  4 and 5.

 

 

4. The Short Environmental  Assessment   Form appears  to be in order.

 

 

5. After  construction  is completed,  the applicant  shall plant some low level shrubs  in the project  area. In addition,  the applicant  noted that a force  main will be crossing  the southwest  corner  of Veterans  Drive and Blue Hill Road South and some trees will need to be removed.   The Board  requested  that after construction  is completed  that some  low level shrubs  be planted  in that location.

 

6. Rockland County Department  of Planning  had the following  comments  which are incorporated   herein as conditions  of approval:

 

• As indicated   in  the  June   22,   2015   letter   from   the   Rockland   County Department  of Health,  the  revised  water  main  plans  must be submitted  to that  Department  for review and approval.

e       A   review    must   be   completed    by   United   Water   New  York   and   any comments  or concerns  addressed.

”    An   updated   review   must   be  completed    by  the   County   of   Rockland

Department  of Highways  and all required  permits  obtained.

 

 

7. 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.

 

8. 8. The  Rockland  County  Department  of Health (RCDOH)  reviewed  the plans and requests  that revised water  main plans be submitted  to RCDOH for

 

9. The Town of Orangetown  Bureau  of Fire Prevention  requests  that all roadways be stabilized  and hydrants  are operational  prior to the framing  of any buildings  as per New York State  Fire Code Section:,   501.4: Timing  of installation.

When fire apparatus  access  roads or a water  supply for fire protection  is required

to be installed,  such  protection  shall be installed  and made service  able prior to and during the time of construction  except when  approved  alternative  methods  of protection  are provided.

 

PB #15-39:  The  Club  at Pearl  River  Amendment  to Approved  Site  Plan, Adjustment for New Location of Water Main-  Final Approval Subject to Conditions

 

Town of Orangetown Planning  Board Decision

July 22, 2015

Page 5of8

 

10. The Rockland County Department of Highways (RCHD) reviewed the submitted information and offered the following remarks for consideration:

e       It is recommended that a narrative be provided showing the rationale for the adjustment of the new water main location.

e      The areas of the new water main location shall be clouded to highlight the latest revision.

• A RCHD Work Permit will be required prior to any proposed construction on site.

e      A separate RCHD Road Opening Permit will be required prior to any sewer or utility connections that may require disruption to the paved surface within the County Highway.

 

11. 11. New York State DEC has reviewed the submitted information and offers the following comments:
12. The stream is located within or near the site – Unnamed Tributary

Class A,  DEC Water Index Number NJ-2

 

Status –  Protected: A Protection of Waters permits is required to physically disturb the bed or banks (up to 50 feet from stream) of any streams identified  above as “protected.”

 

2. 2. DEC as reviewed the State’s Natural Heritage records and have determined that the site is located within or near records of the following state listed species: Bald Eagle – Threatened: A permit is required for the incidental  taking of any species identified as “endangered or “threatened”,  which can include the removal of ha

 

3. 3. Cultural Resources. Records indicate that the project is located within an area considered to be sensitive with regard to archaeological resourc

 

PB #15-39: The Club at Pearl River Amendment  to Approved  Site Plan, Adjustment for New Location  of Water Main-  Final Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

July 22, 2015                            ·

Page6of8

 

12. 1 The following agencies do not object to the Town of Orangetown Planning

Board assuming responsibilities of lead agency for SEQRA purposes:

– Town of Orangetown Zoning Board of Appeals

– Rockland County Department of Health

– Rockland County Sewer District No. 1

– Rockland County Department of Highways

 

13. The applicant shall comply with all pertinent items in the Guide to the

Preparation of Site Plans prior to signing the final plans.

 

14. 14. All reviews and approvals from various governmental agencies must be obtained prior to stamping of the Site Plan.

 

15. 15. TREE PROTECTION: The following note shall be placed on the site 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 preserve and·protect existing trees to remain are as follows:

1. a. No construction equipment shall be parked under the tree
2. There will be no excavation or stockpiling of earth underneath the trees.
3. c. Trees designated to be preserved shall be marked conspicuously on all sides at a 5 to 1 O foot heig
4. d. The Tree Protection Zone for trees designated to be preserved will be

established by one of the following methods:

 

e One (1) foot radius from trunk 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:

 

o  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.

 

e  Light Impacts Only –  Installation of%  inch of plywood or boards, or equal  over the area to be protected.

 

PB #15-39:  The Club  at Pearl River Amendment  to Approved  Site Plan, Adjustment  for New location of Water  Main-  Final Approval  Subject  to Conditions

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page 7of8

 

Continuation   of Condition  #15….

 

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.                                               ·

 

 

16. 16. All landscaping shown on the site plans shall be maintained in a vigorous growing condition  throughout the duration  of the use of this Any plants not so maintained shall be replaced with new plants at the beginning  of the next immediately following growing season.

 

17. 1 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.

 

18. 18. The contractor’s trailer, if any is proposed,  shall be located as approved by the Planning Board.

 

19. 19. 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 DEM 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).

 

20. 2 Permanent vegetation cover of disturbed areas shall  be established  on the site within thirty  (30) days of the completion of construction.

 

21. 21. 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

 

PB #15-39:   The Club  at Pearl  River  Amendment    to Approved    Site  Plan, Adjustment  for  New location   of Water  Main-   Final  Approval   Subject   to Conditions

 

Town  of Orangetown  Planning   Board  Decision

July 22,  2015

Page 8of8

 

22. 2 The Planning Board shall retain jurisdiction over lighting, landscaping,  signs and refuse control.

 

23. All of the conditions of this decision, shall be binding upon the owner of the subject property,  its successors and/or assigns,  including the requirement to maintain the property in accordance with the conditions  of this decision  and the requirement, if any,  to install  improvements pursuant to Town Code §21 A-9. Failure to abide by the conditions of this decision as set forth herein shall be considered a violation  of Site Plan Approval pursuant to Town Code §21A-4.

 

The foregoing Resolution was made and moved by Stephen Sweeney and seconded by Thomas Warren and  carried as follows: Kevin Garvey, Chairman, aye; Bruce Bond, Vice Chairman,  absent; Michael Mandel, aye; William Young, absent;  Robert Dell,  aye; Thomas Warren,  aye and Stephen Sweeney, 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: July 22, 2015

Cheryl  Coopersmith

Chief Clerk Boards and Commissions

 

NEGATIVE DE CLARA Ti ON

Notice of Determination  of Non-Significance

Town of Orangetown  Planning  Board Decision

 

PB #15-39: The Club at Pearl River Amendment  to Approved  Site Plan, Adjustment for New location  of Water Main-  Final Approval  Subject to Conditions

 

 

Town of Orangetown  Planning  Board Decision

Ju~y22, 2015

 

 

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: The Club at Pearl River Amendment  to Approved  Site

Plan, Adjustment for New Location  of Water Main

 

SEQR STATUS:     Type I                                                      Unlisted XXXXXX

CONDITIONED NEGATIVE DECLARATION: Yes                No  XXXXXX

 

DESCRIPTION OF ACTION: Site Pian Amendment

 

LOCATION: The site is located at Blue Hill Road South and Veterans Memorial Drive, Pearl River, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 73.10,  Block 1, Lot 4; in the PAC

& OP zoning districts.

 

REASONS SUPPORTING THIS DETERMINATION:

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:

The project will not have a significant impact upon the environment and a DEIS need not be prepared because the proposed action does not significantly affect air quality, surface or ground water quality, noise levels or existing external traffic patterns. In addition, it will have no impact upon the aesthetic, agricultural or cultural resources of the neighborhood. No vegetation, fauna or wildlife species will be affected as a result of this proposed action. The proposed action is consistent with the Town of Oranqetown’s   Master Plan and will not have any adverse economic or social impacts upon the Town or its businesses or residences.

If Conditioned Negative Declaration, the specific mitigation is provided on an attachment.

For Further Information contact:

John Giardieilo, P.E., Director, Office of Building, Zoning and Planning

Administration and Enforcement

Town of Orangetown

20 Greenbush Road

Orangeburg, NY 10962

Telephone Number: 845-359-5100

For Type I  Actions and Conditioned Negative Declarations, a copy of this notice is sent: – Commissioner, New York State Department of Environmental Conservation, – . Region 3 Headqua~fR”,~d~9§~’:J ~Supervisor,      Applicant,

Involved Agencies                            _.,,,,.:L   ·                                                    .

m 01  hlH    1    d3S smz

 

 

PB #15·42:  One Ramland   Road  Site  Plan Amendment    –  Generator   location; Preliminary     Site  Plan Amendment    Approval   Subject   to Conditions/  Neg. Dec.

 

Town  of Orangetown    Planning   Board  Decision

July 22, 2015

Page  1  of 10

 

TO: FROM:

Donald Brenner, 4 Independence Avenue,  Tappan,  New York

Orangetown Planning Board

 

 

RE:    One Ramland Road Site Plan Amendment: The application of Ramland Holdings LLC, owner, (Donald Brenner, attorney for the owner), for a Prepreliminary/ Preliminary/ Final Site Plan Amendment Review for the relocation of the Generator at a site known as Hone Ramland Road Site  Pian Amendment”, 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 and to determine the environmental

significance of the application  pursuant to the requirements of the New York     r State Environmental Quality Review Act. The site is located at 1   Ramland Road, Orangeburg,  Town of Orangetown,  Rockland County, New York, and as shown on the Orangetown Tax Map as Section 73.20,  Block 1,   Lot 24; in the LIO zoning district.

 

Heard by the Planning Board of the Town of Orangetown at a meeting held

July 22, 2014 at which time the Board made the following determinations:

 

Donald Brenner appeared and testified for the applicant

The Board received the following communications:

1. Project Review Committee Report dated July 15, 2015.
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 July 22,  2015.
3. 3. An Interdepartmental memorandum from the Department of Environmental

Management and Engineering (DEME), Town of Orangetown,  signed by

Bruce Peters,  P.E., July 16,   2015.

4. Letters from Brooker Engineering, signed by Kenneth DeGennaro, P.E.,  dated

July 22 & 20,  2015.

5. A letter from the Rockland County Department of Planning, signed by

Douglas Schuetz, Acting Commissioner  of Planning dated July 16,  2015.

6. 6. A letter from the Rockland County Department of Highways, signed by

Sonny Lin, P.E.,  dated July  16,   2015.

7. 7. Letters from the Rockland County Department of Health, signed by

Scott McKane,  P.E.,   Senior Public Health Engineer,  dated

June 26,  2015.

8. 8. A letter from Rockland County Sewer District No. 1, signed by

Joseph  LaFiandra,  Engineer,  dated June 26,  2015.

 

3~ ldd@  S>l if3 l f)  N ~~©:1

 

00 tll lIH   1 .             dE·§Iii

 

PB #15·42:  One  Ramland   Road Site Plan Amendment  –  Generator location; Preliminary  Site Plan Amendment Approval Subject to Conditions/ Neg. Dec.

 

Town of Orangetown Planning  Board Decision

July 22, 2015

Page 2of10

 

 

 

9. 9. A letter from the Town of Orangetown Zoning  Board of Appeals,  signed by

Dan Sullivan, Chairman, dated July 1,   2015.

10. 10. A letter from the New York State Department of Environmental Conservation, Division of Environmental Permits, Region 3, signed by Adiron Corichi, dated June 25, 2015.
11. 11. A Short Environmental Assessment Form signed by Patrick Hynes, dated

June 18,  2015.

12. 12. A copy of PB #12-24,  Final Site Plan Approval Subject to Conditions,  One

Ramland Road Generators and Chtllers,   dated May 9,  2012.

13. 1 Conceptual Amended Site Plan  Development Plan Proposed  Building  and Generator Enclosure,  Ramland  Holdings LLC, prepared by Jay Greenwell, PLS dated May 27, 2015.                                                                   ·
14. Presented at the meeting, Conceptual  Amended Site Plan Development Plan

Proposed Building   and Generator Enclosure,  Ramland Holdings LLC,  prepared by Jay Greenwell, PLS dated May 27,  2015, last  revision  date of July 10,  2015.

 

The Board reviewed the plan.   The hearing was then open 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 Stephen Sweeney and seconded by Michael Mandel and carried  as follows:  Kevin Garvey, Chairman,  aye; Bruce Bond,  Vice Chairman,   absent;  Michael  Mandel,  aye; William Young, absent; Robert Dell,  aye; Thomas Warren,  aye and Stephen  Sweeney,  aye.

 

Reaffirmation of SEQRA

Pursuant to New York Code,  Rules & Regulations  (NYCRR) Section  617. 7, the

Town of Orangetown Planning Board, as lead agency, for the reasons articulated in this Board’s analysis  of all of the submissions  by the applicant, interested agencies, departments and the public,  with  respect to this project including the Environmental  Assessment Form,  which reasons are summarized in the motion, hereby determines that the proposed action will not have a significant impact on the environment and a Draft Environmental   Impact Statement (DEIS) will not be prepared.

 

After having identified the relevant areas of environmental  concern,  namely drainage,  surface water runoff, land  clearing, vegetation, fauna,  traffic and noise levels,  and after having taken a hard look at said environmental  issues,  and after having  deliberated  regarding such concerns,  and having heard from the

applicant,  the applicant’s  professional   representatives,  namely

Jay Greenwell,  PLS,  and having heard from the following offices,  officials  and/or

Departments:  (Town of Orangetown): Project Review Committee, Office of

Building,   Zoning, Planning  Administration,   Enforcement  and the Department of

 

PB #15-42:  One Ramland Road Site Plan Amendment~ Generator  location; Preliminary  Site Plan Amendment  Approval  Subject  to Conditions/ Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page3of10

 

 

 

Environmental Management and Engineering and having heard from the

following involved and interested agencies:  Town of Orangetown Zoning Board of Appeals,  Rockland County Department of Highways, Rockland County Department of Health,  Rockland County Sewer District No. 1,    New York State Department of Department of Environmental Conservation and having reviewed Plans prepared by Jay Greenwell, PLS a summary of the reasons supporting this determination  are, and the Planning Board finds, that the proposed action:

• Will not significantly affect existing air quality or noise levels;

e       Will not significantly affect existing surface water quality or quantity or drainage;

• Will not significantly affect existing ground water quality or quantity;

c>           Will not significantly affect existing traffic levels;

• Will not create a substantial increase in solid waste production;
• Will not create a potential for erosion, flooding, leaching or drainage problems;

o      Will not have a significant  adverse impact  on the environmental characteristics of our critical environmental area or environmentally sensitive sites or features;

e       Will not have an impairment of the character or quality of important historical,  archeological  or architectural  resources;

• Will not have an impairment of the character or quality of important aesthetic resources;
• Will not have an impairment  of existing community or neighborhood character;
• Will not remove or destroy large quantities of vegetation or fauna;
• Will not remove or destroy large quantities of wildlife species or migratory fish;
• Will not have a significant adverse impact to natural resources;

Gt            Is consistent with the Town of Orangetown’s  Comprehensive/Master

Plan;

• Will not have adverse economic or social  impacts upon the Town;
• Will not create a hazard to human health; and
• Will not create a substantial change in the use of land,  open space or recreational  resources.

 

PB #15-42:  One Ramland Road Site Plan Amendment-    Generator Location; Preliminary   Site Plan Amendment  Approval  Subject to Conditions/   Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page 4of10

 

 

 

On motion by Thomas Warren and seconded by Stephen Sweeney and carried as follows: Kevin Garvey,  Chairman,  aye;  Bruce Bond, Vice Chairman,  absent; Michael  Mandel,  aye; William  Young,  absent; Robert Dell,  aye; Thomas Warren, aye and Stephen Sweeney, aye, the Board made a Negative Declaration pursuant to SEQRA.

 

DECISION: In view of the foregoing  and the testimony  before the Board,  the application  was granted a Preliminary  Site  Plan Amendment  Approval Subject  to the Following  Conditions:

 

1. 1. 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.”

 

2. 2. The following note shall be placed on the Site Plan regarding Stonnwater 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. 3. The applicant shall verify that 3 generators will be placed on the site.

 

4. 4. The yard setback to the proposed generators shall be shown on the Site Plan. This new setback will require a variance from the Town of Orangetown Zoning Board of Appeals.  Please amend the Zoning Bulk Table to reflect the proposed setback.

 

5. 5. A Performance Standards review by the Town of Orangetown Zoning Board of

Appeals is required.                                                              .

 

6. 6. Please provide the specifications  of the generators,  such as noise  output, noise attenuation,  etc.

 

7. Please indicate if these generators are in addition  or in  lieu of the already approved generators to the north of the property.

 

8. 8. The applicant shall provide an elevation  view  of how the proposed generators will be screened.

 

9. This review is for the generators only and not for any other site changes.

 

PB #15-42: One Ramland Road Site Plan Amendment-  Generator  Location;

Preliminary Site Plan Amendment Approval Subject to Conditions/ Neg.

Dec.

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page 5of10

 

 

 

10. 10. The Short Environmental Assessment Form appears to be in order; however the Planning Board as lead agency shall weight the above comments before completing the SEQRA r

 

11. 11. The plans shall be reviewed by the Town of Orangetown Architecture and

Community Appearance Board of Review,

 

12. 12. The proposed generators appear to be located right next to the existing structure, with no free/ open space between. The applicant  shall verify that this proposed placement  is allowed by code, e.  building,  fire, etc.

 

13. 1 The applicant presented revised plans dated July 10, 2015,  requesting three (3) generators.   The drawing notes that the location of the generators is “closing off’ two entrances.  Clarify if new entrances are to be added to the building  and if the entrances/ exists that are being removed fire or safety exists.

 

14. 14. If these 3 generators are to be relocated from the previous approved location on the north side of the building, then the drawing shall be modified to show 3 less generators on the north or show which are being removed/ relocated from the north side.

 

15. 1 The Drainage Consultant to the Planning Board, Brooker Engineering reviewed the application and found the application  has demonstrated that potential  significant adverse impacts with respect to increases in peak stormwater runoff rates can mitigated and therefore recommends that One Ramland   Road Generator Plan be approved for drainage subject to the following comments:

 

Project Description

This  is the sixth drainage review report to the Planning  Board for this  project; the

last report was dated July 20,  2015. The property is on the northeast corner of the intersection of Ramland Road and Blaisdell  Road. The parcel is mostly developed for a Light Industrial  Use. The previous review was for a building addition on the east side of the existing building and an Orange and Rockland Substation,  generators, chillers,  and fuel storage tanks north of the existing building.  The last drainage review report was for approval for drainage subject to nine conditions.

 

Review of July 22, 2015 Submission

The information for the amended Site Plan application is for three new generator pads on the south side of the existing building,  with approximately 6,800 square

feet of new impervious  coverage being added.  Stormwater mitigation has been conservatively  designed  to store the entire 100-year,  24-hour rainfall over the new impervious  area by using  six  1 O’  diameter,  eight feet deep drywells in the front parking lot.

 

PB #15-42: One Rarnland Road Site Plan Amendment  –  Generator Location; Preliminary  Site Plan Amendment  Approval  Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page  6of10

 

 

 

Continuation  of Condition   #15 …

 

 

 

Comments from our July  24, 2013 drainage review report are still applicable  with respect to the proposed land activity on the north side of the building.

 

Project  Comments

1. 1. The size of the new concrete pads shall be dimensioned  on the plan The assumed size of 6,800 cumulative square feet appears conservative.
2. It shall be demonstrated how stormwater runoff from the concrete pads will be conveyed to the field inlets,  which  will direct runoff to the drywells.
3. 3. The drainage calculations shall use the inside diameter of the drywell to calculate  the available storage of the The calculations  for the volume of the crushed stone shall be provided; crushed stone storage below the invert of the drywell shall  not be included in available  storage.
4. A map note shall be added that soil test pits will have to be performed to verify the soil  percolation rate and no seasonal groundwater.
5. A maintenance schedule shall be provided on the Site Plan.
6. An overflow outlet shall be provided; the Drainage Consultant recommends a field inlet grate on one of the drywells near the existing field inlet in the driveway.
7. A Drainage Inlet Detail shall be provided.
8. Invert elevations for the pipes and drywells shall be provided.
9. 9. A Sediment and Erosion  Control Plan shall  be prepared.

 

16. 1 Rockland County Department of Planning had the following comments which are incorporated  herein as conditions of approval:

0          A  review shall   be  completed  by the  Rockland    County Department of

Highways and all required permits obtained.

• The comments in  the  June 26, 2015   letter  from the  Rockland County Department of Health must be met.  The applicant may need to register  as a  Petroleum  Bulk  Storage  Facility,  depending on  the  total  amount of petroleum to be stored  on the proposed.

*   The applicant must obtain  any necessary permits from the New York State

Department of Environmental  Conservation’s  Division of air  Resources for

the proposed generators.

~     lf any variances will be needed to implement the proposed site  plan,  the Rockland   County  Department of  Planning   requests   the  opportunity   to review the  proposed variances,   as required by New York State General Municipal Law, Section  239-m(3)(v).

 

PB #15-42:  One  Rarnland   Road  Site  Plan Amendment    –  Generator   Location; Preliminary    Site  Plan Amendment    Approval   Subject  to Conditions/    Neg. Dec.

 

 

Town  of Orangetown    Planning    Board  Decision

July 22, 2015

Page 7of10

 

17. 17. The Rockland County Department of Highway (RCDH) reviewed the proposed action

And offered the following remarks for consideration:

1. The Site Plan contains a road widening along Blaisdell Road. This gratuitous  dedication needs to be shown as finalized in the form of a deed

filed with the Rockland County clerk’s Office.

2. 2. A copy of the drainage study for this project shall be forwarded to RCDH

for review.

3. 3. A RCDH Work Permit will be required prior to any proposed construction on sit
4. 4. A separate RCDH Road Opening  Permit will be required prior to any sewer or utility connections that may require disruption  to the paved surface within the County Highwa

 

18. Rockland County Department of Health (RCDOH) offered the following comment:

e       The applicant may need to register as a Petroleum Bulk  Storage (PBS) facility, dependent on the total amount of petroleum being stored on the property.   Contact Ebi  Elaahi at RCDOH to coordinate.

 

19. 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.

 

20. New York State Department of Environmental Conservation has determined that the site is located within or near records of the following state listed species: Balk  Eagle – Status: Threatened.  Contact Lia Masi  of Wildlife at DEC. The site is located within an area considered to be sensitive with regard to archaeological resources. Contact NYS Office of Historic Preservation website.

 

21. 21. 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 Highways

– Rockland County Health  Department

-Town  of Orangetown Zoning  Board of Appeals

– New York State Department of Environmental  Conservation

 

22. 22. The applicant shall comply with all pertinent items in the Guide to the

Preparation  of Site Pans prior to signing the final  plans.

 

23. 23. All reviews and approvals from various governmental agencies must be obtained prior to stamping of the Site Pla

 

PB #15-42:  One Ramland   Road  Site  Plan Amendment-    Generator   Location; Preliminary   Site  Plan Amendment  Approval  Subject to Conditions/  Neg. Dec.

 

Town  of Orangetown    Planning   Board  Decision

July 22, 2015

Page  8of10

 

 

 

24. The applicant shall comply with all pertinent and applicable conditions of previous Board Decisions: PB #12-24, Final Site Plan Approval Subject to Conditions, dated May 9, 2012; ZBA #12-29, Performance Standards, dated May 2, 2012 and PB #12-15, Preliminary Site Plan Approval Subject to Conditions, dated April 11, 2012.

 

25. All of the conditions of this decision, shall be binding upon the owner of the subject property, its successors and /or assigns, including the requirement to maintain the property in accordance with the conditions of this decision and the requirement, if any, to install improvements pursuant to Town Code §21A-9. Failure to abide by the conditions of this decision as set forth herein shall be considered a violation of Site Plan Approval pursuant to Town Code §21A-4.

 

26. 26. TREE PROTECTION: The following note shall be placed on the Site 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:

 

1. a. No construction equipment shall be parked under the tree ca
2. b. There will be no excavation or stockpiling of earth underneath the
3. c. Trees designated to be preserved shall be marked conspicuously on all sides

at a 5 to 10 foot height.

1. 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 trunk 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%  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.

 

PB #15-42:   One  Ramland   Road  Site  Plan Amendment-    Generator   Location;

Preliminary Site Plan Amendment Approval Subject to Conditions/ Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page9of10

 

27. All landscaping shown on the site 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.

 

28. 28. 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 meas The applicant shall contact DEME at least 48 hours in advance for an inspection.

 

29. 2 The contractor’s trailer, if any is proposed, shall  be located as approved by the Planning Board.

 

30. 30. 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 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).

 

31. 31. Permanent vegetation cover of disturbed areas shall be established on the site within thirty (30) days of the completion of construction.

 

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PB #15-42: One Ramland Road Site Plan Amendment  – Generator  Location; Preliminary  Site Plan Amendment  Approval Subject to Conditions/ Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

July 22, 2015

Page 10of10

 

32. 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

 

33. The Planning Board shall retain jurisdiction over lighting, landscaping, signs and refuse control.

 

 

 

The foregoing Resolution was made and moved by Stephen Sweeney and seconded by Michael Mandel and carried as follows: Kevin Garvey, Chairman, aye; Bruce Bond, Vice Chairman, absent; Michael  Mandel, aye; William Young, absent; Robert Dell, aye; Thomas Warren, aye and Stephen Sweeney, 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: July 22, 2015             fl  i. ,, ,   fl   ~·~

Cheryl Coopersmith              \….-/1’\JL../~

Chief Clerk Boards and Commissions

Attachment

 

State  Environmental   Quality   Review  Regulations

NEGATIVE   DECLARATION

Notice of Determination   of Non-Significance

 

PB #15-42: One Ramland Road Site Plan Amendment- Generator Location; Preliminary  Site  Plan Amendment  Approval  Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

July 221 2015

 

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:   One Ramland Road Site Plan Amendment  – Generator

Location

SEQR  STATUS:       Type  I                                           Unlisted   XXXXXX

CONDITIONED    NEGATIVE   DECLARATION:    Yes                   No   :XXXXXX

 

 

DESCRIPTION   OF ACTION:  Site  Pian Amendment

LOCATION:   The site is located  at 1   Ramland  Road,  Tappan,  Town of Orangetown,  Rockland  County,   New York,   and as shown  on the Orangetown  Tax Map as Section  73.20,  Block  1,     Lot 24 in the LIO zoning district.

 

REASONS  SUPPORTING   THIS DETERMINATION:

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:

The project will not have a significant  impact  upon the environment  and a DEIS

need not be prepared  because  the proposed  action  does not significantly  affect air quality,  surface  or ground water  quality,  noise  levels  or existing  external

traffic  patterns.   In  addition,  it will have no impact upon the aesthetic,  agricultural

or cultural   resources  of the neighborhood.   No vegetation,   fauna  or wildlife species  will be affected  as a result of this proposed  action. The proposed  action is  consistent  with  the Town of Orangetown’s   Master  Plan and will not have any adverse  economic  or social   impacts  upon the Town  or its  businesses  or residences.

If  Conditioned  Negative  Declaration,    the specific   mitigation  is  provided  on an

attachment.

For Further  Information  contact:

John Giardiello,   P.E.,   Director,  Office  of Building,   Zoning  and Planning

Administration   and Enforcement

Town of Orangetown

20 Greenbush  Road

Orangeburg,    NY 10962

Telephone   Number:   845-359-5100

For Type  I  Actions  and Conditioned   Negative  Declarations,   a copy of this  notice is sent: – Commissioner,    New York State  Department  of Environmental Conservation,   – Region 3 Headquarters,    NYSDE(,}~{ij~~~i\,~~f.pplicant, Involved   Agencies