Meeting Overview

Meeting of May 25, 2016

Town of Orangetown  Planning  Board

 

MEMBERS PRESENT: Kevin Garvey, Chairman; Bruce Bond, Vice Chairman

Michael Mandel; Robert Dell; Stephen Sweeney; Thomas Warren and

William Young

 

MEMBER ABSENT: None

 

ALSO PRESENT: John Giardiello, Director, Department of Building, Zoning, Planning Administration and Enforcement; Robert Magrino, Deputy Town Attorney; Ann Marie Ambrose, Stenographer and Cheryl Coopersmith,

Chief Clerk

 

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:

 

Craig –  Lee Garage Site Plan Critical Environmental Area	Final Site Plan	PB #16-06
Prepreliminary/ Preliminary/	Approval  Subject
Final Site Plan and SEQRA Review 910 Route 9W, Upper Grandview 71.17/1/24; R-22 zoning district	to Conditions Neg. Dec.
The Ice Factory, Inc. Plan		PB #16-28

 

Conditional Use Permit

and SEQR Review

2 Veterans Parkway, Pearl River

69.05/2/76; CO zoning district

Granted a

Conditional

Use Permit Subject

to Conditions/  Neg. Dec.

 

 

100 Corporate  Drive, Bradley Corporate  Park                               PB #16-29

Interior Commercial Subdivision Plan                Final Internal Commercial Prepreliminary/ Preliminary/ Final                      Subdivision  Plan Approval Commercial Subdivision and SEQR Review     Subject to Conditions

100 Corporate Drive, Blauvelt                            Neg. Dec.

65.18/1/16; LI/LIO zoning district

 

Highland  Mews at Sparkill

Interior Commercial Subdivision Plan Prepreliminary/ Preliminary/ Final Commercial Subdivision and SEQR Review

651 Main Street, Sparkill

Sparkill Overlay Zone

77.08/5/49.3; CS zoning district

PB #16-30

Final Internal Commercial Subdivision  Plan Approval Subject to Conditions

Neg. Dec.

 

Pfizer, Inc. Site Plan

Addition to Building #223

Hamilton Bios Project

Final Site Plan Review

401 North Middletown Road, Pearl River

68.08/1/5; LI zoning district

 

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Final Site Plan Approval  Subject to Conditions

PB #16-31

 

May 25, 2016 Planning   Board  Meeting

 

Page 2

 

 

 

The decisions  of the May 11,       2016 Planning    Board Meeting  was reviewed, edited,   and approved.    The motion for adoption  was made and moved  by Stephen  Sweeney  and seconded  by Bruce Bond   and carried as follows:

Kevin Garvey,  Chairman,    aye;  Bruce Bond,  Vice Chairman,    aye;  William    Young,

aye;  Thomas  Warren,  aye, Robert  Dell,   aye;  Stephen   Sweeney,   aye and

Michael    Mandel,   aye.

 

The  Decisions   of the above  hearings,   as attached  hereto,   although  made by the Board before the conclusion     of the meeting  are not deemed  accepted  and adopted  by the  Board until  adopted  by a formal  motion   for adoption  of such minutes  by the Board.   Following    such approval  and adoption  by the Board,   the Decisions    are mailed   to the  applicant.   The verbatim   transactions   are not transcribed,   but  are available.

 

Since there was no further  business   to come before the Board,   a motion to adjourn the meeting was made by Michael  Mandel and seconded  by Stephen Sweeney   and agreed to by all  in attendance.    The meeting was adjourned  at

8:15   p.m.

 

 

DATED:   May 25, 2016           ~                       rt   .   .                                               ~~ <£tj

Cheryl  Coopersmtih                                        Len:>~o!~

Chief  Clerk Boards  and Commission

 

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TO:          Robert Silarski,  AIA, 41A North Broadway,  Nyack,  New York  10960

FROM:    Orangetown  Planning  Board

 

 

RE:      Craig –  Lee Garage  Site Plan: The application  of Robert Silarski,  AIA, applicant,  for Damon  Craig and Li-Shen  Lee, owners,  for Prepreliminary/ Preliminary/  Final Site Plan Review at a site known as “Craig –  Lee Garage 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  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 910 Route 9W, Upper Grandview,  in the Critical  Environmental  Area, Town of Orangetown, Rockland  County,  New York, and as shown on the Orangetown  Tax Map as Section  71.17, Block 1,  Lot 24 in the R-22 zoning  district.

 

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

May 25, 2016 at which time the Board made the following  determinations:

 

Robert Silarski  appeared  and testified.

The Board received the following  communications:

1. Project Review Committee Report dated  May 18, 2016.

An interdepartmental   memorandum  from the Office of Building,  Zoning,  Planning

Administration   and Enforcement,  Town  of Orangetown,  signed  by

John Giardiello,  P.E., Director,  dated  May 25, 2016.

2. An interdepartmental memorandum  from the Department  of Environmental Management  and Engineering  (DEME),  Town of Orangetown,  signed  by Bruce Peters, P.E., dated  May 19, 2016.
3. A letter from Brooker Engineering, signed by Kenneth  DeGennaro,  P.E., dated

May 20, 2016.

4. 4. Letters from Rockland  County  Department  of Planning,  signed  by

Douglas  Schuetz,  Action  Commissioner   of Planning,  dated  May 5 & 23, 2016.

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

Sonny  Lin, P.E., dated May 24, 2016.

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

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

April 26, 2016.

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

Joseph  LaFiandra,  Engineer,  dated April 27, 2016.

8. A letter from the Village of Grand View-on-Hudson,  Planning  Board signed  by

Donald G. Vernon,  Chair, dated April 27, 2016.

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

Daniel Sullivan,  Chairman,  dated April 20, 2016.

10. A Short Environmental Assessment  Form signed  by Robert Silarski,  AIA, dated April 1, 2016.

 

 

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11. Architectural Plan A-100: Title/ Details/  Proposed  Plan & Elevations:

prepared  by S&CO Architecture  + Design dated December 17, 2015, last revision

date of April 15, 2016.

12 Site Plan prepared by Atzl, Nasher & Zigler, P.C., dated April 6, 2016.

13. Project Narrative, dated April 1, 2016, prepared by S&CO.
14. Building Permit Referral to the Planning Board dated April 26, 2016.

The Board reviewed the plans. 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 Bruce Bond

and carried as follows: Kevin Garvey, Chairman, aye; Bruce Bond, Vice Chairman, aye; Michael Mandel, aye; William Young, aye; 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 Bruce Bond and seconded by Stephen Sweeney and carried as follows: Kevin Garvey, Chairman, aye; Bruce Bond, Vice Chairman, aye; Michael Mandel, aye; William Young, aye; 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, and having heard from the following offices, officials and/or Departments: (Town of Orangetown): 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: Village of Grand View-on-Hudson, Town of Orangetown Zoning Board of Appeals, Rockland County Department of Health, Rockland County Sewer District #1, and having reviewed the drawings presented by the applicant’s professional consultants; Atzl, Nasher & Zigler, P.C., and S&CO, a summary of the reasons supporting this determination are, and the Planning Board finds that the proposed action:

 

 

 

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PB #16-06: Craig –  Lee Garage Site Plan – Critical  Environmental  Area: Final Site Plan Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

May 25, 2016

Page 3 of 8

 

 

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

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

e     Will not have a significant  adverse  impact on the environmental

characteristics   of our critical environmental   area or environmentally sensitive  sites or features;

o     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;

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

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

 

On motion  by Bruce Bond and seconded  by Thomas  Warren  and carried as follows:  Kevin Garvey,  Chairman,  aye; Bruce Bond, Vice Chairman,  aye; Michael Mandel,  aye; William  Young,  aye; 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 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.”

 

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2. The following note shall be placed on the Site Plan regarding Stormwater Management  Phase  II  Regulations:  Additional  certification,  by an appropriate licensed  or certified  design  professional  shall be required  for all matters  before the Planning  Board indicating  that the drawings  and project are in compliance with the Stormwater  Management  Phase  11    Regulations.

 

3. The Planning Board waived  the need to appear  in front of the Town of

Orangetown  Architecture  and Community  Appearance  Board for review.

 

 

4. The locations of all utilities shall be shown on the Site Plan.

 

 

5. It appears from the Site Plan that the proposed two car garage will be located in front of the existing  one car garage.   Please clarify this since the EAF indicates “demolish  existing one car garage”  as part of the description.

 

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

 

7. Note #7 on the Site Plan references an access  manhole  as the datum for the contours,  however,  no manhole  is shown on the drawing,  this shall be corrected.

 

8. The elevations for the source benchmark  shall be given on the plans.

 

 

9. The previous site plan submitted depicted  manholes  in the driveway,  the current drawing  does not.  Clarify is the manholes  still there, were they removed? Also, the nature of the manholes  shall be indicated  on the plans.

 

10. Drainage Review  Recommendation:      The application  has provided sufficient  information  to demonstrate  that there will be no potential  significant adverse  impacts with respect to drainage  that require  mitigation  and therefore recommend  that the Craig-Lee  Garage  Site Plan 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  19, 2016. The  property is located on the west side on  Route 9W. The proposed work consists of a 31  feet by 32 feet addition to an existing single family  house. The  addition  is for  a two  car garage on the first floor  and a studio/deck on the second floor. The addition is located on the south side of the existing dwelling and the existing driveway will be utilized to provide access. The topography slopes downhill to the east. There are rock outcroppings on the site that may be in the area of the proposed addition.

 

 

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Continuation    of Condition   #10 ….

 

 

 

For  the   revised   plans,  the   majority   of  the  addition   is  located   over  existing impervious   area for the  driveway  and  walks.  There  is a map  note  on the  plans that states  that  65 square  feet  of impervious  area  is being  added.  This  is below the  threshold  that  the Town  of Orangetown   utilizes  to  require  post  construction stormwater  mitigation  in a Critical  Environmental  Area.

 

Project   Comments

1. As per the January  18, 2016  drainage  review  report,  a grading  plan shall be prepared  that  shows  finished  grading  for the  proposed  improvements. The garage floor elevation  shall be added to the Site Plan.
2. As per  the  January   18,  2016  drainage   review  report,  the  architectural

elevation  shows  a proposed  slope  away from the  rear of the new garage; the  proposed   grading   plan  shall  show  the  cut  in  the  rear  yard  that  is necessary  to achieve  positive  drainage  away from the building.  A retaining wall may be required to achieve  this grading.

3. As per the January 18, 2016 drainage  review report,  rock outcroppings shall be clearly shown on the site plan and indicate  cut in this area.
4. As per the January  18, 2016  drainage  review  report,  a footing  drain  shall be shown on the Site Plan.
5. As per  the  January   18,  2016  drainage   review  report,  grading   shall  be shown  that  demonstrates   a car can  maneuver  into the garage  bays.  The garage  door  has been  moved  from  the  east face  to the south  face  and  it appears  and  it appears  that  this  location  has more  room  for a vehicle  to enter the garage.  The location of the garage  doors and deck columns  shall be added to the plan to show that a car can enter and exit the garage.
6. Calculations  shall  be  provided  to  support  the  map  note  that  states,  “65 square feet of new impervious  area is proposed.”  The proposed  conditions shall include the deck overhang  as impervious  area.

 

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

 

 

• An updated review shall be completed  by the New York State  Department of Transportation   and all required  permits obtained.

 

 

• The Village of Grand  View-on-Hudson   is one of the reasons  this proposal was  referred  to  this  department   for  review.    The  municipal   boundary   is approximately   330 feet east of the side.  As required  under Section  239nn of the State General  Municipal  Law, the Village  of Grand View-on-Hudson must   be  given  the  opportunity   to  review  the   proposed   site  plan  and provide any concerns  related to the project to the Town of Orangetown.

 

 

 

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o       As  indicated in the January 13, 2016 letter from the  Rockland County Department of Highway, a work permit must be obtained from them since the site is within 500 feet of Tweed Boulevard, a County Highway.

 

• 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.

 

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

 

12. The Rockland County Department of Health reviewed the information and found that there  are  no  Rockland  County  Department  of  Health  approvals needed for this application.

 

13. 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.

 

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

Board assuming responsibilities of lead agency for SEQRA purposes:

– Rockland County Health Department

-Town of Orangetown Zoning Board of Appeals

– Rockland County Sewer District #1

– Village of Grandview on Hudson

 

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

Preparation of Site Plans and Board Decisions prior to signing the final plans.

 

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

 

17. 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:

 

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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 truck per inch DBH

– Drip line of the Tree Canopy.  The method  chosen  should  be based on providing the maximum  protection  zone possible.  A barrier of snow fence or equal is to be placed and maintained  one yard beyond the established tree protection  zone.  If it is agreed that the tree protection  zone of a selected  tree must be violated,  one of the following  methods  must be employed  to mitigate the impact:

– Light to Heavy Impacts –  Minimum  of eight inches of wood chips installed  in the area to be protected.  Chips shall be removed  upon completion  of work.

– Light Impacts  Only –  Installation  of%  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.

 

18. 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.

 

19. 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.

 

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

 

21. 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).

 

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

 

23. 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

 

24. 24. The Planning Board shall retain  jurisdiction     over lighting,   landscaping,   signs and refuse cont

 

The foregoing  Resolution    was made and moved by Bruce Bond,   seconded   by Thomas  Warren  and carried  as follows:   Kevin  Garvey,  Chairman,    aye;  Bruce Bond,   Vice  Chairman,   aye;  Michael   Mandel,    aye;  William   Young,   aye;   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:  May zs,  2016                  (1 ~ o 1  1AO  d.enJ~

Town of Orangetown Plannin~~~   ~

Attachment

 

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State Environmental  Quality Review Regulations

NEGATIVE DECLARATION

Notice of Determination  of Non-Significance

 

PB #16-06: Craig –  Lee Garage Site Plan –  Critical  Environmental  Area: Final Site Plan Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

May 25, 2016

 

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: Craig –  Lee Garage Site Plan

SEQR STATUS:     Type I                                             Unlisted XXXXXX

CONDITIONED NEGATIVE DECLARATION: Yes                No  XXXXXX

 

DESCRIPTION OF ACTION: Site Plan Review

LOCATION: The site is located at 910 Route 9W, Upper Grandview, in the Critical Environmental Area, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 71.17, Block 1, Lot 24 in

the R-22 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, NYSDEC, – Town Supervisor, Applicant, Involved Agencies

 

 

 

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PB #16-28: The Ice Factory Conditional  Use Permit Granted I Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

May 25, 2016

Page 1of6

 

TO: FROM:

Larry Bieber, 14 Lafayette Avenue, Suffern, New York 10901

Orangetown Planning Board

 

 

RE:               The Ice Factory, Inc. – Conditional Use Permit: The application of The Ice Factory, Inc., applicant, for Jacqueline Beers, Co. Manager Parkway Associates, owner, for Prepreliminary/ Preliminary/ Final Conditional Use Permit Review, at a site to be known as “The Ice Factory, Inc. –  Conditional  Use Permit”,  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, Chapter 43, Section 8.1 of the Town

of Orangetown Zoning Code 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 2 Veterans Parkway,

Pearl River, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 69.05, Block 2, Lot 76, in the CO zoning district.

 

Heard by the Planning Board of the Town of Orangetown at a meeting held Wednesday,  May 25, 2016, at which time the Board made the following determination:

 

Larry Bieber appeared and testified.

The Board received the following communications:

1. Project Review Committee Report dated May 18, 2016.
2. An interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by John Giardiello, P.E., Director, dated May 25, 2016.
3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated May 19, 2016.
4. A letter from Rockland County Department of Planning, signed by

Douglas Schuetz, Acting Commissioner of Planning, dated May 5, 2016.

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

Scott McKane, P.E., dated May 5, 2016.

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

Joseph LaFiandra, Engineer II, dated May 3, 2016.

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

April 28, 2016.

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

Tricia Castelli, dated May 4, 2016.

9. A Short Environmental Assessment Form, signed by Larry Bieber, dated

April 21, 2016.

 

 

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10. A Property Survey noting location of site requesting Conditional Use Permit.
11. Copy of Building Permit application, dated April 15, 2016, signed by

Glen Maier, Building Inspector.

 

The Board reviewed the Plan. The Board opened the item to the Public.

 

There being no one to be heard from the Public, a motion was made to close the

Public Hearing portion of the meeting by Bruce Bond and second by

Thomas Warren and carried as follows: Kevin Garvey, Chairman, aye;

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

 

 

 

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Environmental Management and Engineering, and having heard from the following involved and interested agencies: Rockland County Department of Highways, Rockland County Sewer No. 1  and having reviewed the proposed plan, 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;

s Will not significantly affect existing surface water quality or quantity or drainage

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

1. G) 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;

e 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;

ta  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;

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

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

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

 

In view of the foregoing  and the testimony  before the Board, the application was Granted a Conditional  Use Permit, pursuant  to Chapter 43, Section 8.1 of the Town of Orangetown  Zoning  Code. The Board made the following Findings  and Comments:

 

oThe proposed use, size and character is in harmony with the development in the district in which it is proposed to be situated and will not be detrimental to the zoning classification of such properties.

 

oThe proposed location and size of the use, nature and intensity of operations involved, and the site layout in relation to access streets will not be hazardous to pedestrian or vehicular traffic.

 

 

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• The proposed location of the use will not hinder or discourage development or use of adjacent land and buildings.

 

GThe proposed use will not require additional public services or create fiscal burdens upon the Town of Orangetown greater than those which characterize uses permitted by right.

 

In addition, the approval  is SUBJECT TO THE FOLLOWING CONDITIONS:

1. The proposed use is an Italian Ice Store. The use falls under “Fast Food” and requires a Conditional Use Approval by the Planning Board in a CO zone district.

 

2. The Short Environmental Assessment Form, item 5 and 6 shall be answered “Yes” and “by Conditional Use” added to item 5a.

 

3. Rockland County Rockland County Department of Planning had the following comments which are incorporated herein as conditions of approval:
4. A review must be completed by the Rockland County Department of Highways and all required permits obtained.
5. A review must be completed by the Rockland County Department of Health for the proposed food establishment, and any required permits obtained.
6. A review shall be completed by the New York State Department of

Transportation and any required permits obtained.

 

4. The Rockland County Department of Health has received an application for a Special Use Permit for this application. All necessary Rockland County Department of Health approvals for this project have been obtained.

 

5. 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.

 

6. The Town of Orangetown Bureau of Fire Prevention (Bureau) had the following comments which are incorporated herein as conditions of approval:
7. Provide a NFPA 72 compliant fire  alarm system approved and inspected by the Bureau.
8. Provide emergency lighting and exist signs as per Chapter 10 of the New York State Fire Code.
9. Provide portable fire extinguishers as per section 901 of the New

York State Fire Code.

1. Provide flame spread rating for any floor, wall or ceiling coverings.
2. Provide one key box for Fire Department access, order form available through the Bureau of Fire Prevention.

 

22 OI lJll    hZ Nnr 9102

 

7. 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

-Town of Orangetown Zoning Board of Appeals

 

Overrides

The Board made a motion to override Conditions #2 and #3 of the

May 5, 2016 letter from Rockland County Department of Planning, signed by

Douglas Schuetz, Acting Commissioner of Planning, for the following reasons:

 

#2. We received a partial site plan, so it is difficult to determine if all of the information that we seek was provided elsewhere. The following information must be provided so that we can do a comprehensive review:

1) A bulk table with all applicable bulk regulations must be provided. This table should show both required and existing/proposed conditions; 2)

Parking calculations for the entire site must be provided. Since two other uses will share this building, and since the building is located on the corner of North Middletown Road, a County highway, it is critical to be

assured that adequate parking is provided.

 

The Board held that a Site Plan was not required since the application was for a Conditional Use Permit. The building and parking already exist and the proposed use is consistent with the existing uses in the building.

 

A motion to override the condition was made and moved by

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

 

#3. Some of the parking area is shown on the corner of Veterans Parkway and North Middletown Road. This parking area should only be accessed from Veterans Parkway to avoid conflict points on the County roadway. In addition, no vehicles shall back out from these parking spots into the County highway.

 

The Board held that a Site Plan was not required since the application was for a Conditional Use Permit. The building and parking already exist and the proposed use is consistent with the existing uses in the building.

 

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PB #16-28:   The  Ice Factory Conditional   Use Permit

Granted   I Neg.  Dec.

 

Town  of Orangetown   Planning  Board  Decision

May 25,  2016

Page 6 of 6

 

 

 

A motion to override the condition was made and moved by

Thomas Warren  and  seconded  by Stephen Sweeney and carried  as follows:  Kevin Garvey,  Chairman,    aye;  Bruce Bond,  Vice Chairman,   aye;

Michael   Mandel,   aye; William Young, aye;  Robert Dell,  aye;  Thomas

Warren,  aye and Stephen Sweeney, aye.

 

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,   aye; Michael   Mandel,   aye;  William Young,  aye; Robert Dell,  aye; Thomas Warren,  aye and Stephen Sweeney,  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:   May 25, 2016               (7 011  n 1    0‘         (                   ~?-a-~

Town  of Orangetown  Plann~B~~~

attachment

 

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State Environmental  Quality Review Regulations

NEGATIVE DECLARATION

Notice of Determination  of Non-Significance

 

PB #16-28: The Ice Factory Conditional  Use Permit

Town of Orangetown  Planning  Board Decision

May 25, 2016

 

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 Ice Factory Conditional  Use Permit

 

SEQR STATUS:     Type I                                               Unlisted XXXXXX

CONDITIONED NEGATIVE DECLARATION: Yes               No  XXXXXX DESCRIPTION OF ACTION: Conditional  Use Permit

LOCATION: The site is located at 2 Veterans Parkway, Pearl River, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 69.05, Block 2, Lot 76, 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 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 development. 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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Town of Orangetown  Planning  Board Decision

May 25, 2016

Page 1of6

 

TO: FROM:

John McGee, 500 Bradley Hill Road, Blauvelt, NY 10913

Orangetown Planning Board

 

 

RE:               100 Corporate Drive, Bradley Corporate Park –  Internal

Commercial Subdivision Plan: The application of Bradley Corporate Park, owner, for Prepreliminary/ Preliminary/ Final Internal Commercial Subdivision Plan Review, at a site  known as “100 Corporate  Drive, Bradley Corporate  Park 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 100 Corporate Drive, Blauvelt, Bradley Corporate Park, Blauvelt, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 65.18, Block 1, Lot 16, in the LI/LIO zoning district.

 

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

Wednesday,  May 25, 2016, the Board made the following determinations:

 

Dan Mellin appeared and testified.

The Board received the following communications:

1. Project Review Committee Report dated May 18, 2016.
2. An Interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by John Giardiello, P.E., Director, dated May 25, 2016.
3. An Interdepartmental memorandum from the Department of Environmental

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

Bruce Peters, P.E., dated May 19, 2016.

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

Douglas Schuetz, Acting Commissioner of Planning, dated April 21, 2016.

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

Sonny Lin, P.E., dated May 20, 2016.

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

Scott McKane, P.E., Senior Public Health Engineer, dated March 29, 2016.

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

LaFindra, Engineer I, dated April 8, 2016.

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

Dan Sullivan, Chairman, dated April 6, 2016.

9. A letter from CSX Railroad, signed by Derek Mihaly, Project Manager II, Public

Projects, dated April 18, 2016.

 

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Town  of Orangetown    Planning   Board  Decision

May 25, 2016

Page 2 of 6

 

1 O.    A Short Environmental Assessment Form, dated May 13, 2016 signed by

John Magee.

11. Site Plan prepared by Joseph Corless, P.E., dated January 18, 2008.
12. Building Floor Plan, dated September 16, 2015.
13. Building Permit Referral dated March 30, 2016.

The Board reviewed the plans. 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 Michael

Mandel carried as follows: Kevin Garvey, Chairman, aye; Bruce Bond, Vice Chairman, aye; Michael Mandel, aye; William Young, aye; 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 Michael Mandel and seconded by Bruce Bond and carried as follows: Kevin Garvey, Chairman, aye; Bruce Bond, Vice Chairman, aye; Michael Mandel, aye; William Young, aye; 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 Joseph Corless, P.E., 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 agencies: Town of Orangetown Zoning Board of Appeals, Rockland County Highway Department, Rockland County Sewer District No.1,Rockland County Department of Health, and having reviewed proposed Site Plan by prepared by Joseph Corless, P.E., a summary of the reasons supporting this determination are, and the Planning Board finds that the proposed action:

 

 

 

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PB#16-29:   100 Corporate   Drive  – Internal   Commercial    Subdivision    Plan• Final  Subdivision    Plan  Approval   Subject   to Conditions/    Neg. Dec.

 

 

 

Town  of Orangetown    Planning   Board  Decision

May 25, 2016

Page 3 of 6

 

 

 

eWill not significantly  affect existing  air quality  or noise levels;

eWill not significantly  affect existing  surface  water quality or quantity  or drainage;

eWill not significantly  affect existing  ground  water quality or quantity;

eWill not significantly  affect existing traffic  levels;

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

C!ilWill  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; eWill 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;

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

eWill 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;

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

eWill not have adverse  economic  or social impacts  upon the Town;

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

SEQ RA.

 

 

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

 

 

 

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3. The applicant wishes to subdivide the top floor of the existing building into 9 tenant spaces. No physical expansion of the building is proposed at this time.

 

4. The Short Environmental Assessment Form (SEAF) needs to be checked

“No”, otherwise, the SEAF appears to be in order.

 

5. The Site Plan shall note the location of handicap parking spaces. The number and location of the handicap spaces shall be in accordance with the New York State Building Code.

 

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. CSXT Railroad reviewed the plans provided and has no objections to the proposed work for the following reasons

e      The project sponsor has stated that all work will be performed outside the limits of CSXT right of way,

• The project sponsor has stated that no work will be performed within 50 feet of the CSXT tracks, and

G         The equipment being used does not have the potential to encroach within 25 feet of the tracks should the equipment tip and fall

towards the tracks.

 

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 Highway Department

 

10. The applicant shall comply with all pertinent items in the Guide to the Preparation of Subdivision Plans and Board Decisions prior to signing the final plans.

 

 

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

 

 

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12. 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.

 

13. 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.

 

14. 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.

 

 

 

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

 

16. 16. 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 DE 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).

 

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

 

18. 18. 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

 

19. 19. The Planning  Board  shall  retain  jurisdiction   over lighting,   landscaping,    signs and  refuse contro

 

20. 20. 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.

 

21. 21. The Planning  Board  shall  retain jurisdiction over lighting, landscaping,    signs and  refuse contro

 

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,   aye;  Michael   Mandel,  aye;  William Young,  aye; Stephen  Sweeney,  aye;  Robert Dell,  aye 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.

 

 

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

 

Town of Orangetown  Planning  Board Decision

May 25, 2016

 

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:  100 Corporate  Drive – Internal Commercial  Subdivision

Plan

 

SEQR STATUS:     Type I                                             Unlisted XXXXXX

CONDITIONED NEGATIVE DECLARATION: Yes                No  XXXXXX DESCRIPTION OF ACTION: Internal Commercial  Subdivision  Plan Review

LOCATION: The site is located at 100 Corporate Drive, Blauvelt, Bradley Corporate Park, Blauvelt, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 65.18, Block 1, Lot 16, in the LI/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, NYSDEC, – Town Supervisor, Applicant, Involved Agencies

 

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Town of Orangetown  Planning  Board Decision

May 25, 2016

Page 1of7

 

TO:

 

FROM:

John Mascia, 29 Athenia Lane, Hopewell Junction

New York 12533

Orangetown Planning Board

 

 

RE:               Highland Mews at Sparkill –  Interior Commercial Subdivision Plan: The application of Highland Mews Realty, LLC, owner, for Prepreliminary/ Preliminary/ Final Internal Commercial Subdivision Plan Review, at a site known as “Highland  Mews at Sparkill  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 651 Main Street, Sparkill, in the Sparkill Overlay Zone, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 77.08,  Block 5, Lot 49.3, in the CS zoning district.

 

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

Wednesday,  May 25, 2016, the Board made the following determinations:

 

John Mascia appeared and testified.

The Board received the following communications:

1. Project Review Committee Report dated May 18, 2016.
2. An Interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by John Giardiello, P.E., Director, dated May 25, 2016.
3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated May 19, 2016.
4. A letter from the Rockland County Department of Planning, signed by

Douglas Schuetz, Acting Commissioner of Planning, dated May 4, 2016.

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

Scott McKane, P.E., Senior Public Health Engineer, dated May 18, 2016.

6. A letter from Rockland County Sewer District #1, signed by Joseph LaFiandra, Engineer II, dated April 20, 2016.
7. A letter from the Town of Orangetown Zoning Board of Appeals, signed by

Dan Sullivan, Chair, dated April 20, 2016.

8. A Short Environmental Assessment Form signed by John Mascia, dated

March 28, 2016.

9. Subdivision Plan prepared by Jorge Lopez, Architect, dated

January 29, 2009, last revision date of February 28, 2013.

 

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10. Copies of the following Board Decisions: PB #11-35;  Final Subdivision  Plan

Approval  Subject  to Conditions,  dated July 11, 2011.

11. Submitted at the meeting by the applicant,  photographs  of the parking facilities  provided  at the project site.

The Board reviewed the plans.  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 Bruce Bond and seconded  by Thomas  Warren

and carried  as follows:  Kevin Garvey,  Chairman,  aye; Bruce Bond, Vice Chairman,  aye; Michael  Mandel,  aye; William  Young,  aye; 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 Bruce Bond and seconded  by Thomas  Warren  and carried  as follows:  Kevin Garvey,  Chairman,  aye; Bruce Bond, Vice Chairman, aye; Michael  Mandel, aye; William  Young,  aye; 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 Jorge  Lopez, Architect,  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 agencies:  Town of Orangetown  Zoning  Board of Appeals,  Rockland  County

Sewer District  No.1,Rockland   County  Department  of Health, and having reviewed proposed  Site Plan by prepared  by Jorge  Lopez, Architect,   a summary  of the reasons  supporting  this determination   are, and the Planning  Board finds, that the proposed  action:

 

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22  01  LJ8   h 2  Nnr   9102

 

 

eWill not significantly  affect existing  air quality  or noise levels;

eWill 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;

eWill not create a substantial  increase  in solid waste  production;

oWill 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;

9Will 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;

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

• Will not have a significant adverse  impact to natural  resources;
• Is consistent with the Town of Orangetown’s   Comprehensive/Master    Plan;

eWill not have adverse  economic  or social  impacts  upon the Town;

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

SEQ RA.

 

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. Under the Sparkill Hamlet Center Overlay Zoning  District, this property was approved  as Mixed Use Development  on August  17, 2010, Town Board Resolution  number 482.

 

 

• The first floors of the four buildings are for commercial  use and the upper floors  are residential  use.

 

 

• The first floors of the four buildings contain four commercial business  spaces together  with 4 storage  spaces.

 

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• The applicant is proposing to separate the four commercial businesses from the storage spaces on the first floor thereby creating a total of eight separate commercial spaces for rental purposes.

 

e                  The commercial subdivision will afford the property owner the flexibility of having the four rear commercial spaces designated for storage or a commercial business use.

 

e      The four front commercial spaces will have to remain as commercial uses.

 

o      There is no physical expansion of the building being proposed at this time.

 

2. Based on the existing uses on the property, a total of 23 parking spaces are required. According the Planning Board decision PB #11-35, there were 15 parking spaces approved on the property and 8 parking spaces approved offsite across the street. The commercial subdivision does not increase the total number of parking spaces required.

 

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

 

4. The following shall occur in regard to the construction and completion of the cross walk:

e       The applicant shall provide the Town of Orangetown with a cost estimate to construct the cross walk.  Escrow shall be held by the Town of Orangetown until the crosswalk is complete.

o      The applicant may apply for a construction permit for the Internal Subdivision, however, a Certificate of Occupancy shall not be granted until the crosswalk is complete.

 

5. A plan shall be submitted noting the location of the 8 off-site parking spaces.

 

6. 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.

• Some of the parking spaces to be used for this development are located off-site and across the street. A map showing the parking for the site must be provided. In addition, to ensure safety of pedestrians, a clearly marked pedestrian crosswalk shall be provided, if appropriate.

 

22 01  w8   h 2  Nnr   9rnz

 

7. The Rockland County Health Department (RCDOH) reviewed the information provided and has no comment on the proposed subdivision.

 

8. 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.

 

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

 

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

Preparation of Subdivision Plans prior to signing the 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.

 

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

 

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22 01  w8    h2  Nnr srnz

 

Continuation  of Condition  #13 ….

 

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.

 

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 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).

 

 

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

 

19. 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.

 

 

 

The foregoing    Resolution    was made and moved  by Michael   Mandel   seconded  by Thomas   Warren  and carried   as follows:   Kevin Garvey,    Chairman,     aye; Bruce Bond, Vice  Chairman,    aye; Michael    Mandel,   aye; William   Young,  aye;  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:  May 25,   2016           ~1~0  ~ye.z S~

Town of Orangetown Planning  BoarM

 

22  01  LJ!J    hZ   Nnr·  srnz

 

NEGATIVE DECLARATION

Notice of Determination  of Non-Significance

Town of Orangetown  Planning  Board Decision

 

PB#16-30: Highland  Mews at Sparkill  – Internal Commercial  Subdivision

Plan – Final Subdivision  Plan Approval  Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

May 25, 2016

 

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:  Highland  Mews at Sparkill  Internal Commercial

Subdivision

 

SEQR STATUS:     Type I                                                          Unlisted XXXXXX

CONDITIONED NEGATIVE DECLARATION: Yes                No  XXXXXX DESCRIPTION OF ACTION: Internal Commercial  Subdivision

LOCATION: The site is located at 651 Main Street, Sparkill, in the Sparkill Overlay Zone, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 77.08, Block 5, Lot 49.3, in the CS 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 DepEJrtmenot f Environmental Conservation, – Region 3 Headquarters, NYSElEe;!.OT’bwh~Su~i:ViSbr,Applicant,

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PB#16-31: Pfizer, Inc. Site Plan –  Building  #223: Final Site Plan Approval

Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

May 25, 2016

Page 1of7

 

TO:

 

FROM:

Donn McMullen, Pfizer, 401 North Middletown Road, Pearl River, New York 10965

Orangetown Planning Board

 

 

RE:               Pfizer, Inc. Site Plan: The application of Donn McMullen, applicant for Pfizer, Inc. owner, for Final Site Plan Review” for an addition to Building #222 to be known as  Building 223 at a site known as “Pfizer,  Inc. 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 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 401 North Middletown Road, Pearl River, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 68.08, Block 1, Lot 5 in the LI zoning district.

 

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

Wednesday,  May 25, 2016, the Board made the following determinations:

 

Donn McMullen, Anthony Bispo, Robert Lerch, Robert Dructor and Herb Boccard and testified.

The Board received the following communications:

1. Project Review Committee Report dated May 18, 2016.
2. An Interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by John Giardiello, P.E., Director, dated May 25, 2016.
3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated May 19, 2016.
4. A letter from Brooker Engineering, signed by Kenneth DeGennaro, P.E., dated

May 20, 2016.

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

Douglas Schuetz, Acting Commissioner of Planning, dated May 23, 2016.

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

Sonny Lin, P.E., dated May 24, 2016.

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

Scott McKane, P.E., Senior Public Health Engineer, dated April 27, 2016.

8. An Email from Mike Bettmann dated May 23, 2016.
9. Interdepartmental memorandum from the Bureau of Fire Prevention, Town of

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

May 19, 2016.

10. Copies of the following Board Decisions: ACABOR #16-26, Approved as Presented, dated April 7, 2016, PB #16-12, Preliminary Site Plan Approval Subject to Conditions, dated March 23, 2016.

 

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PB#16-31: Pfizer, Inc. Site Plan –  Building  #223: Final Site Plan Approval

Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

May 25, 2016

Page 2 of 7

 

11. Revised Short Environmental Assessment Form, signed by Donn McMullen, dated April 19, 2016.
12. Letter from Anthony Bispo, Pfizer Global Operations, dated May 13, 2016,

formal responses to comments from PB #16-12.

13. Pfizer Global Research and Development Plans, Pearl River- Building 223

Hamilton Bias Project, prepared by Joseph Masiello, P.E., Stantec Consulting

Services, Inc.:

Project Drawing #C-102: Removal Plan, last revised 4/20/16

Project Drawing #C-103: Site/ Utility Plan, last revised4/20/6

Project Drawing #C-104: Grading Plan, last revised 4/20/16

14. Survey Plan prepared by Edward Gannon, PLS, dated April 29, 2016.
15. A Copy of the Stormwater Pollution Prevention Plan prepared by Stantec

Consulting Services Inc., dated March 31, 2016.

16. A copy of a letter to Deborah Arbolino, Town of Orangetown Zoning Board of Appeals from the Town of Clarkstown Planning Board, signed by Rudolph Yacyshyn, Vice Chairman, dated April 7, 2016.

The Board reviewed the plans. 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 Bruce Bond and seconded by Thomas Warren

and carried as follows: Kevin Garvey, Chairman, aye; Bruce Bond, Vice Chairman, aye; Michael Mandel, aye; William Young, aye; 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 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.

 

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3. The plans submitted are labeled  building  223, yet the building  is actually  222. Please correct or clarify.

 

4. DEME disagrees with the applicant’s  letter of May 13, 2016  item #2 –  under DEME comments  of March 21, 2016.  This project  IS a redevelopment   project and thus the SWPPP  must be prepared  in accordance  with Chapter  9 of the NYSDEC  Stormwater  Management  Design  Manual,  as well as all the other normal applicable  chapters.

 

5. The applicant shall consider relocating  the existing  3 inch sanitary  main

(drawing  C-106) so it will not be below the proposed  addition.

 

 

6. Catch basin protection shall be modified to reflect stone filter for the basins that are located in asphalt.

 

7. A note shall be added to the Site Plan indicating the source benchmark  for the referenced  datum,  including  the BM elevation.

 

8. Drainage Review  Recommendation:      The application  has demonstrated  that the project can provide  mitigation  of potential  significant  adverse  impacts with respect to increase  in stormwater  runoff.   Brooker  Engineering,  the Town of Orangetown  Planning  Board Drainage  Consultant,  therefore  recommends  that the Pfizer, Inc. Site Plan for Building  222 Addition  be approved  for drainage subject to the following  comments.

 

Project   Description:    This is the second drainage  review report for this project; the last report was dated  March 23, 2016.  The project is for a building addition, approximately  4,000  square feet, along the east side of Building  222 at the Pfizer campus.   The area where the addition  is proposed  is currently  grass, and stormwater  runoff flows southeast  to an existing  parking  lot with an existing  storm drainage  system.

 

Project   Comments:

1. Proposed grading  shall  be added  to the  northwest  courtyard  between  the existing  building  and the proposed  addition  to show how stormwater  runoff will drain in this area.
2. The  proposed    grading    along   the   southwest    corner   of   the   building courtyard  directs  runoff  in a southwesterly  direction  to an existing  building; this shall be revised to direct the runoff southeast  to the parking area.
3. The  drainage    calculations    on   drawing    C-104   only   include   the   new

impervious   area  from  the  building  addition.  The  1, 153  SF  of  impervious area  from  the  sidewalk   shall  be  included   in  the  stormwater   detention analysis.   The  means  of  conveying   this  runoff  to  the  drywalls   shall  be shown;  a possible  alternative  is to direct additional  existing  roof area to the drywalls  to compensate  for the sidewalk  area.

 

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Continuation  of Condition  #8 ….

 

4. Show by map note the roof area intended to be diverted to the drywells on

Drawing C-104.

5. On the Drainage Leaching Pool Detail on Drawing C-105, show the depth

of the drywell as per the drainage calculations. Show filter fabric between the crushed stone and soil. Add a map note indicating that the depth to groundwater table shall be field verified. Add a map note indicating the maintenance requirements.

6. The overflow path of water leaving the drywells shall be shown on the Site

Plan.

7. Verify the 1,,=20’map scale shown on Drawing C-104.

 

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

 

• As noted  in  the  March  23,  2016  letter  from  the  Rockland  County Department of Highways, a work permit must be obtained prior to any construction on site.

 

• An updated review shall be done by the New York State Department of

Transportation and all required permits obtained.

 

• In a letter dated April 7, 2016 to the Orangetown Zoning Board of Appeals, the Town of Clarkstown requested some additional information regarding the project in order to make a proper recommendation.  Specific information requested included what will be stored in the freezer, and the operation of the facility. The information requested by the Town of Clarkstown must be submitted to them for their review.

 

o      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.

 

 

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

 

 

 

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

 

11. 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.

 

PB#16-31: Pfizer, Inc. Site Plan –  Building  #223: Final Site Plan Approval

Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

May 25, 2016

Page 5 of 7

 

 

 

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

Preparation of Site Plans and Board Decisions prior to signing the final plans.

 

Outstanding Items – Guide to the Preparation & Filing of Site Development

Plans: (Place the following information on the Site Plan).

 

#1. Section, Block, and Lot of site.

 

Section 68.08

Block 1

Lot 5

 

#2. Name and address of record owner and signature of owner or representative.

 

#8. Districts in which located: School: Pearl River Fire: Pearl River Water: United Water Lighting: Pearl River

Sewer: Orangetown Sewer District

Zoning District: LI

 

#18. Each plan shall bear a note stating: “All utilities, including electric and telephone service, shall be installed underground.”

 

#23. The following note must be placed on all site plans: “This plan does not conflict with the County Official Map and has been approved in the manner specified by Section 239L&M of the General Municipal Law of the State of New York.”

 

13. All reviews and approvals from various governmental agencies and the Town

Drainage Consultant must be obtained prior to stamping of the Site Plan.

 

14. 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:

 

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PB#16-31:  Pfizer,  Inc. Site  Plan –  Building  #223:  Final  Site  Plan Approval

Subject   to Conditions

 

Town  of Orangetown    Planning   Board  Decision

May 25, 2016

Page 6 of 7

 

 

 

Continuation    of Condition   #14 •…

 

 

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.

 

15. 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.

 

16. 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 .

 

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PB#16-31:    Pfizer,  Inc.  Site  Plan –  Building  #223:  Final Site Plan Approval

Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

May 25, 2016

Page 7of7

 

 

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

 

18. 18. 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).

 

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

 

20. 20. 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

 

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

 

22. 22. 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.

 

23. 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 Bruce Bond  and  carried as follows:   Kevin  Garvey,  Chairman,   aye; Bruce Bond,  Vice  Chairman,  aye; Michael  Mandel aye;  William  Young,  aye; Stephen  Sweeney, aye; Robert Dell,  aye 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:  May 25,  2016                 (7 ~11   ()A·         1:., ~  ~

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