Meeting of February 28, 2018
Town of Orangetown Planning Board
MEMBERS PRESENT: William Young, Vice-Chairman; Kevin Garvey,
Michael Mandel; Stephen Sweeney, Robert Dell
MEMBERS ABSENT: Thomas Warren and Blythe Yost
ALSO PRESENT: Jane Slavin, Director, Department of Building, Zoning, Planning Administration and Enforcement; Robert Magrino,
Deputy Town Attorney; Ann Marie Ambrose, Stenographer and
Cheryl Coopersmith Chief Clerk Boards and Commissions
William Young, Vice Chairman, called the meeting to order at 7:30 p.m.
Mr. Young read the agenda. Hearings as listed on this meeting’s agenda which are made a part of these minutes were held as noted below:
Henry Kaufmann Campground, Inc. Master Plan PB #17 – 58
Amendment to PB #13-23, dated July 24, 2013 Amendment to
Preliminary Master Plan Approval with Conditions PB#13-23,
Prepreliminary/ Preliminary Master Plan Preliminary Approval
and SEQRA Review Subject to Conditions
667 Blauvelt Road, Pearl River Neg. Dec.
69.14/1/28 & 69.10/2/21; R-80 zoning district
Henry Kaufmann Campground, Inc. Site Plan PB #17 – 59
Prepreliminary/ Preliminary Site Plan Preliminary Site Plan
and SEQRA Review Approval Subject to
667 Blauvelt Road, Pearl River Conditions/ Neg. Dec.
69.14/1/28 & 69.10/2/21; R-80 zoning district
New Items:
The Cunningham House Site Plan Amendment PB #18 – 07
Prepreliminary/ Preliminary/ Final Site Amendment to Final
Plan and SEQRA Review Site Plan Approval
118 Main Street, Tappan Final Site Plan Approval
Tappan Historic District Subject to Conditions
77.11/3/2; CS zoning district Reaffirmation Neg. Dec.
Sparkill-Palisades Fire District Site Plan PB #18 – 08
Final Site Plan Review Final Site Plan
520 Route 340, Sparkill Approval Subject
78.05/2/60 & 61; RG/R-15 zoning districts to Conditions
Skae Site Plan PB #18 – 09
Final Site Plan and Special Permit Review Final Site Plan and
337 – 330 Blaisdell Road, Orangeburg Special Permit Approval
76.08/1/3 & 4; LIO zoning district Subject to Conditions
Linen Choice Site Plan PB #18 – 10
Final Site Plan Review Final Site Plan
57 North Troop Road/ Approval Subject
Glenshaw Street, Orangeburg to Conditions
70.18/2/17; LI zoning district
February 28, 2018 Planning Board Meeting
Other Business: Town Board Referrals and Lead Agency Status
- Amendment Town Code §6-5, Chapter 43, Article IV, §4.1, Performance Standards, and §4.11, §4.12 and §4.13 and Article X, Administration and Enforcement, §10.222, §10.323, §10.334, and §10.335. The Board consented to the Town Board to act as Lead Agency in SEQRA review. No further comments.
- Proposed Zoning Text Amendment to Town Code Chapter 43, §4.32(O), adding Child Day-Care Center as a Special Permit Use applicable to Mixed-Use Developments and Mixed Use Expansion in the LI Zoning Districts. Also, Amendments to Special Permits previously granted for mixed use development and mixed use expansion development of property in the LI Zoning District located in the vicinity of the intersection of State Rt. 303 and the PIP, (Orangeburg Commons) allow Child Day-Care. The Board consented to the Town Board to act as Lead Agency in SEQRA review. No further comments.
- Piermont Marsh Surface Elevation Tables Study Joint Application between the Town of Orangetown and the Hudson River National Estuarine Research Reserve to the New York State Department of Environmental Conservation. The Board had no comment.
A motion was made to elect William Young as Vice-Chairman by Kevin Garvey and second by Michael Mandel, and carried as follows: Kevin Garvey, aye; William Young, abstain; Robert Dell, aye; Stephen Sweeney, aye; Michael Mandel, aye, Blythe Yost, absent and Thomas Warren, absent.
The Decisions of the above hearings, as attached hereto, although made by the Board before the conclusion of the meeting are not deemed accepted and adopted by the Board until adopted by a formal motion for adoption of such minutes by the Board. Following such approval and adoption by the Board, the Decisions are mailed to the applicant. The verbatim transactions are not transcribed, but are available.
Since there was no further business to come before the Board, a motion to adjourn the meeting was made by Stephen Sweeney and seconded by
Michael Mandel and agreed to by all in attendance. The meeting was adjourned at 10:20 p.m. The next Planning Board meeting is scheduled for
March 14, 2018.
DATED: February 28, 2018
Cheryl Coopersmith, Chief Clerk Boards and Commissions
Town of Orangetown Planning Board
PB #17-58: Henry Kaufmann Campground, Inc. Master Plan
Amendment to Preliminary Master Plan Approval Subject to Conditions/ Reaffirmation to Neg. Dec.
Town of Orangetown Planning Board Decision
February 28, 2018
Page 1 of 9
TO: Donald Brenner, 4 Independence Avenue, Tappan, New York
FROM: Orangetown Planning Board
RE: Henry Kaufmann Campgrounds, Inc. Master Plan – Amendment: The application of Henry Kaufmann Campgrounds, Inc., applicant, for UJA Federation of New York, owner, for an Amendment to Preliminary Master Plan Approval with Conditions at a site known as “Henry Kaufmann Campgrounds, Inc. Master Plan – Amendment to Preliminary Approval, PB #13-23, dated July 24, 2013”, 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 667 Blauvelt Road, Pearl River, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 69.14, Block 1, Lot 28 & Section 69.10, Block 2, Lot 21 in the R-80 zoning district.
Heard by the Planning Board of the Town of Orangetown at meetings, Wednesday, December 13, 2017 and February 28, 2018, at which time the Board made the following determinations:
December 13, 2017
Troy Wojciekofsky, Donald Brenner and Jay Greenwell appeared and testified.
The Board received the following communications:
- Project Review Report dated December 6, 2017.
- An interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by Jane Slavin, R.A., A.I.A., Director, dated December 13, 2017.
- An interdepartmental memorandum from the Department of Environmental Management and Engineering, (DEME) Town of Orangetown, signed by Bruce Peters, P.E., dated December 8, 2017.
- A letter from the Rockland County Department of Planning, signed by Douglas Schuetz, Acting Commissioner of Planning, dated November 27, 2017.
- An interdepartmental memorandum from the Bureau of Fire Prevention, Town of Orangetown, signed by Michael Bettmann, Chief Fire Inspector, dated December 4, 2017.
- A letter from Rockland County Department of Health, signed by Scott McKane. P.E., Senior Public Health Engineer, dated November 15, 2017.
- Letters from Rockland County Drainage Agency, signed by Vincent Altieri, Executive Director, dated November 29, 2017, May 27 and June 26, 2013 and an E-mail from Shajan Thottakara, Rockland County Drainage Agency dated November 30, 2017
PB #17-58: Henry Kaufmann Campground, Inc. Master Plan
Amendment to Preliminary Master Plan Approval Subject to Conditions/ Reaffirmation to Neg. Dec.
Town of Orangetown Planning Board Decision
February 28, 2018
Page 2 of 9
- Site Plans entitled “UJA Pearl River Day Camp Proposed Improvements prepared by Stantec, signed and sealed by Troy Wojciekofsky, P.E., dated September 18, 2017:
- Sheet 1 of 6: Overall Site Plan
- Sheet 2 of 6: Detailed Site Plan – 1
- Sheet 3 of 6: Detailed Site Plan – 2
- Sheet 4 of 6: Detailed Site Plan – 3
- Sheet 5 of 6: Detailed Site Plan – 4
- Sheet 6 of 6: Detailed Site Plan – 5
- Survey Plans prepared by Jay Greenwell, PLS, dated August 10, 2012, last revision date of June 8, 2017:
Sheet 1 and Sheet 2
- A copy of the Full Environmental Assessment Form dated October 13, 2017 signed by Troy Wojciekofsky, P.E.
- A copy of PB #13-23, dated July 24, 2013.
- Submitted at the meeting, a letter from 8 Sickletown Road residents: 83 Sickletown Road, 81 Sickletown Road, 85 Sickletown Road and 79 Sickletown Road, dated December 12, 2017.
The Board reviewed the plans. The meeting was open to the Public.
Public Comments:
Cliff Shannon, 537 Blauvelt Road, Pearl River; raised concerns regarding the possibility of increased bus traffic and campers, due to the growth and improvement of the campgrounds. He wanted to know if the site would be used for other uses other than a day camp, suggesting a possible use as a sleepover camp. Mr. Shannon cautioned the Board about adding additional gravel parking lots on site. He also noted that it is dangerous for local residents when busses drive down McKinley Street in a caravan like procession.
Kevin McCormack, 83 Sickletown Road, Orangeburg, submitted letter to the Board: raised concerns regarding water runoff from the campgrounds and flooding to his property. He is happy that the camp is improving and investing in the facility, however he has experienced drainage problems and flooding for the past 10 years. He held that drainage must be part of the Master Plan.
Sonya Mason, 106 Duhaime Road, Pearl River; expressed concerns regarding the placement of ballfields in the buffer portion of the campgrounds, would it include tree clearing and wanted to know if the fields would have lights and if they would be used at night. In addition, Ms Mason asked if the expansion make operation of the camp site run into later hours. She noted that there is a lot of water running from the camp when it rains and she and neighbors have experienced drainage problem.
PB #17-58: Henry Kaufmann Campground, Inc. Master Plan
Amendment to Preliminary Master Plan Approval Subject to Conditions/ Reaffirmation to Neg. Dec.
Town of Orangetown Planning Board Decision
February 28, 2018
Page 3 of 9
Natalie Nicodema, 1 Briarwood Lane, Orangeburg; explained to the Board that her property abuts the roadway leading to the campgrounds and expressed concerns that the improvements to the site would lead to increased hours of operation of the site. In the recent past, the camp expanded to weekends and year round use of the property and there is continuous use of the roadway. Ms Nicodema wanted to know why the applicant needed additional pools and facilities, were they expanding the uses of the site? In reference to the roadway to the campgrounds, the applicant constructed a large metal box containing water meters on the property line that directly impacts her property.
Don Derisi, 555 Blauvelt Road, Pearl River; noted that his property directly abuts the campgrounds and requested details regarding an amphitheater proposed near the property line. He also wanted to see the “phases” of development of the site, the hours of operation, and if the site would be used on the weekends and the nighttime, especially with the ballfield. Mr. Derisi held that it was nice to have the campgrounds there, but it should maintain a boundary of day time hours of operation.
Kelly Deshaum, 37 McKinley Street, Pearl River; expressed concerns regarding the proposed development of the site, however, the applicant should try and save as much of nature and trees. She understands improvement and enhancement, and wanted to know if the applicant was are adding more or taking away nature. Ms Deshaum also raised concerns regarding the local roadway route that would be taken during construction phasing of the site.
Mike Shine, 601 Blauvelt Road, Pearl River; raised concerns regarding the stream that runs through the site and the impact of development on flooding and modification of the existing stream. He noted that he has witnessed significant flooding in the past years, and drainage has been an issue. Since he has lived at his home, he as seen the ballfields completely flooded and water going over the banks of the stream. Mr. Shine also raised the question that if the applicant is adding another pool, but saying not adding campers; there appears to be a lot of stuff going on.
Laura Shine, 601 Blauvelt Road, Pearl River; held that she enjoys living next to the camp and want it to maintain the current use. She has lived there for 16 years, and camp is great neighbor. She held that the site can be overdeveloped and wanted the Town and Camp to work cooperatively for the betterment of the Town.
The applicant requested a CONTINUATION.
PB #17-58: Henry Kaufmann Campground, Inc. Master Plan
Amendment to Preliminary Master Plan Approval Subject to Conditions/ Reaffirmation to Neg. Dec.
Town of Orangetown Planning Board Decision
February 28, 2018
Page 4 of 9
February 28, 2018
Troy Wojciekofsky, Donald Brenner and Jay Greenwell appeared and testified.
The Board received the following communications:
- A Project Review Report dated February 21, 2018.
- An interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by Jane Slavin, R.A., A.I.A., Director, dated February 16, 2018.
- An interdepartmental memorandum from the Department of Environmental Management and Engineering, (DEME) Town of Orangetown, signed by Bruce Peters, P.E., dated February 22, 2018.
- A letter from Brooker Engineering signed by Kenneth DeGennaro, P.E., dated February 21, 2018.
- A letter from the Rockland County Department of Planning, signed by Douglas Schuetz, Acting Commissioner of Planning, dated February 28, 2018.
- An interdepartmental memorandum from the Bureau of Fire Prevention, Town of Orangetown, signed by Douglas Sampath, Fire Inspector, dated February 20, 2018.
- A letter from Rockland County Department of Health, signed by Elizabeth Mello, P.E., Senior Public Health Engineer, dated February 7, 2018.
- An E-mail from Shajan Thottakara, Rockland County Drainage Agency dated February 26, 2018, attachment of a letter from Rockland County Drainage Agency, signed by Vincent Altieri, Executive Director, dated November 29, 2017.
- An email from the U.S. Army Corps of Engineers, dated February 12, 2018, from Peter Steinour, Project Manager.
- Site Plans entitled “UJA Pearl River Day Camp Proposed Improvements prepared by Stantec, signed and sealed by Troy Wojciekofsky, P.E., dated January 29, 2018:
- Sheet 1 of 3: Overall Existing Plan
- Sheet 2 of 3: Overall Master Plan Improvements
- Sheet 3 of 3: Conceptual Stormwater Management Plan
The Board reviewed the plans. The meeting was open to the Public.
Public Comments:
Robert Beers, 81 Sickletown Road, an abutting property owner, raised concerns regarding the existing flooding conditions coming off of the applicant’s property. He noted that over the past years, his backyard has flooded numerous times.
PB #17-58: Henry Kaufmann Campground, Inc. Master Plan
Amendment to Preliminary Master Plan Approval Subject to Conditions/ Reaffirmation to Neg. Dec.
Town of Orangetown Planning Board Decision
February 28, 2018
Page 5 of 9
Greta Steve, abutting neighbor to the Bronx House site, requested information regarding the buffer zone and if any trees would be removed. She raised concerns regarding the drainage impact of development on the site and the increase in noise coming from the campgrounds.
There being no one else to be heard from the Public, a motion was made to close the Public Hearing portion of the meeting by Kevin Garvey and seconded by Michael Mandel and carried as follows: Kevin Garvey, aye; William Young, Vice-Chairman, aye; Robert Dell, aye; Stephen Sweeney, aye; Michael Mandel, aye; Blythe Yost, absent and Thomas Warren, absent.
The proposed action is classified as an “unlisted action” as defined by Section 617.2 (ak) of the New York State Environmental Quality Review Regulations (SEQRR). No agency, other than the Orangetown Planning Board will have any significant involvement in the review process, pursuant to Section 617.6 of SEQRA.
On motion by Kevin Garvey and seconded by Michael Mandel and carried as follows: Kevin Garvey, aye; Michael Mandel, aye; William Young, Vice-Chairman, aye; Robert Dell, aye; Thomas Warren, absent, Blythe Yost, absent 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 Troy Wojciekofsky, P.E., and Jay Greenwell, PLS, and having heard from the following offices, officials and/or Departments: (Town of Orangetown): Project Review Committee, Office of Building, Zoning, Planning Administration and Enforcement and Department of Environmental Management and Engineering, and having heard from the following involved and interested agencies: Town of Orangetown Zoning Board of Appeals, Rockland County Department of Health, Rockland County Sewer District #1, Rockland County Drainage Agency and having reviewed the Master Plan by prepared Troy Wojciekofsky, P.E., and Jay Greenwell, PLS, a summary of the reasons supporting this determination are, and the Planning Board finds that the proposed action:
PB #17-58: Henry Kaufmann Campground, Inc. Master Plan
Amendment to Preliminary Master Plan Approval Subject to Conditions/ Reaffirmation to Neg. Dec.
Town of Orangetown Planning Board Decision
February 28, 2018
Page 6 of 9
- Will not significantly affect existing air quality or noise levels;
- Will not significantly affect existing surface water quality or quantity or drainage;
- Will not significantly affect existing ground water quality or quantity;
- Will not significantly affect existing traffic levels;
- Will not create a substantial increase in solid waste production;
- Will not create a potential for erosion, flooding, leaching or drainage problems;
- Will not have a significant adverse impact on the environmental characteristics of our critical environmental area or environmentally sensitive sites or features;
- Will not have an impairment of the character or quality of important historical, archeological or architectural resources;
- Will not have an impairment of the character or quality of important aesthetic resources;
- Will not have an impairment of existing community or neighborhood character;
- Will not remove or destroy large quantities of vegetation or fauna;
- Will not remove or destroy large quantities of wildlife species or migratory fish;
- Will not have a significant adverse impact to natural resources;
- 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 Kevin Garvey and seconded by Michael Mandel and carried as follows: Kevin Garvey, aye; Michael Mandel, aye; William Young, Vice-Chairman, aye; Robert Dell, aye; Thomas Warren, absent, Blythe Yost, absent and Stephen Sweeney 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 Preliminary Master Plan Amendment Approval Subject to the Following Conditions:
- 1. All previous applicable conditions remain in effect of PB#13-23, Preliminary Master Plan Approval Subject to Conditions, dated June 24, 2013.
- The following information shall be indicated on the Master Plan:
- Diagrammatically indicate area of phases of the work, description of work and what work is proposed to be done during which time period.
- The Legend indicates a hatch pattern for wetlands; however the hatch is not shown on the plan.
- The 100 year flood plain needs to be clearly delineated.
- Reference to “Note #4” is made in the 100 year flood plain, where is Note 4?
PB #17-58: Henry Kaufmann Campground, Inc. Master Plan
Amendment to Preliminary Master Plan Approval Subject to Conditions/ Reaffirmation to Neg. Dec.
Town of Orangetown Planning Board Decision
February 28, 2018
Page 7 of 9
- Any structures, activity area or recreation areas that are proposed within the 300 foot buffer will require a variance from the Town of Orangetown Zoning Board of Appeals, per Section 4.32(B), Camps.
- Proposed development within the 100 year flood plan is required to meet New York State Department of Environmental Conservation requirements.
- A base flood elevation must be established when development consists of more than five acres.
- The applicant must provide that the development will not increase flood elevations at any location during a 100 year flood event.
- A note shall be provided state that “Each Phase as indicated for structure(s) and site improvement(s) require a detailed submission for review by the Planning Board and other agencies and Boards”.
- A narrative shall be provided outlining how the proposed structures and site improvements will impact the traffic flow in the surrounding roads and intersections.
- It is unclear from the paperwork/ maps provided what amendment the applicant is seeking.
- The applicant still needs to comply with PB#13-23, condition #6 (existing and proposed sanitary sewer facilities with profiles).
- All existing and proposed sanitary sewer facilities shall be identified on the Master Plan. Profiles shall be provided for all proposed sanitary facilities.
- The preliminary/ conceptual SWPPP for the Master Plan shall include phasing, what building (identified either by name or numbering system) and or new impervious structures/ impervious areas or other disturbance that are included in each phase, the associated water quality/ water quantity controls for every new building/ structure/ impervious area/ areas of disturbance in said phases (including estimated size of water quality/ quantity control), approximate area of disturbance for each new building/ structure/ impervious area ( including an approximate total area of disturbance for each phase, and total area of disturbance for all phases added together. The Master Plan shall be coordinated with the proposed phasing spelled out in the SWPPP (i.e. the plans shall reflect said phasing, items in each phase, etc.)
- The page and liber for all existing easements shall be given on the plans.
- There is a note along the existing 10 foot wide sanitary easement to the Town of Orangetown stating “See Ref. #7”, however there are no referenced on the drawing. This shall be corrected.
PB #17-58: Henry Kaufmann Campground, Inc. Master Plan
Amendment to Preliminary Master Plan Approval Subject to Conditions/ Reaffirmation to Neg. Dec.
Town of Orangetown Planning Board Decision
February 28, 2018
Page 8 of 9
- As stated in its comments of June 22, 2015, January 5, 2015 and May 22, 2013, a detailed site plan clearly showing buildings/ roadways both existing/ proposed is required: “The Town of Orangetown Bureau of Fire Prevention found that prior to reviewing the proposed buildings/ shelters, construction details (specific use); construction details (specific use) are needed before comments can be made. In particular the following information needs to be provided: What is the size and type of construction for the amphitheater? Additional fire hydrants may be required on the site.” In addition, the Bureau requested information on what type of construction is proposed for the new buildings. Additional access roads, hydrants, fire alarms, etc. may be required.
- The Rockland County Department of Planning had the following comments which are herein incorporated as conditions:
which are herein incorporated as conditions:
- A review must be completed by the County of Rockland Drainage Agency and any required permits obtained.
- An updated review must be completed by the County of Rockland Department of Highway and all concerns addressed and all required permits obtained. In addition, the comments in the November 15, 2017 letter from County of Rockland Department of Highway must be met.
- The comments in the February 7, 2018 letter from the Rockland County Department of Health must be met.
- The applicant shall consult with the Rockland County Office of Fire and Emergency Services, E-911 Office, to properly address all permanent structures.
- If there is any encroachment into the Federal wetlands, a review must be completed by the United States Army Corps of Engineers and all required permit obtained.
- The Floodplain Administrator for the Town of Orangetown shall certify that the proposed construction is in compliance with the floodplain regulations of the Town and the Federal Emergency Management Agency.
- Fire Lanes, and emergency access points, must be identified on the plans. Can fire equipment easily maneuver on the site? This must be illustrated and clarified.
- As the various buildings and facilities are proposed, individual detailed plans must be provided, showing the existing conditions, proposed layout, grading, drainage, lighting, etc.
- An overall Bulk Table and Vicinity Map must be provided on the plans.
- A notation shall be added to the plans for the RR SR-1 building to indicate its use and planned improvements.
PB #17-58: Henry Kaufmann Campground, Inc. Master Plan
Amendment to Preliminary Master Plan Approval Subject to Conditions/ Reaffirmation to Neg. Dec.
Town of Orangetown Planning Board Decision
February 28, 2018
Page 9 of 9
- The Rockland County Health Department reviewed the plans and offered the following comment:
- The septic system and stormwater management improvements listed in the narrative will need Rockland County Health Department approvals.
- The Engineering plans for any proposed pool or modifications to existing pools must be submitted to and approved by the Rockland County Health Department prior to construction.
- 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.
- The following agencies do not object to the Town of Orangetown Planning Board assuming responsibilities of lead agency for SEQRA purposes:
– Rockland County Department of Health
– Rockland County Sewer District #1
– Rockland County Drainage Agency
– New York State Department of Environmental Conservation
– Town of Orangetown Zoning Board of Appeals
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.
The foregoing Resolution was made and moved by Michael Mandel and seconded by Stephen Sweeney and carried as follows: Kevin Garvey, aye; William Young, Vice-Chairman, aye; Michael Mandel, aye; Thomas Warren, absent; Robert Dell, aye, Blythe Yost, absent and Stephen Sweeney, aye.
Dated: February 28, 2018
Town of Orangetown Planning Board
Attachment
State Environmental Quality Review Regulations
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
Town of Orangetown Planning Board Decision
February 28, 2018
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: Henry Kaufmann Campground, Inc. Master Plan
Amendment to Preliminary Master Plan Approval Subject to Conditions
SEQR STATUS: Type I _________Unlisted XXXXXX
CONDITIONED NEGATIVE DECLARATION: Yes _______No XXXXXX
DESCRIPTION OF ACTION: Amendment to Preliminary Master Plan Approval Subject to Conditions/ Neg. Dec.
LOCATION: The site is located at 667 Blauvelt Road, Pearl River, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 69.14, Block 1, Lot 28 & Section 69.10, Block 2, Lot 21 in the R-80 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:
Jane Slavin, R.A., A. I. A., 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
PB #17-59: Henry Kaufmann Campground, Site Plan Permit #46910
Preliminary Site Plan Approval Subject
to Conditions/ Neg. Dec.
Town of Orangetown Planning Board Decision
February 28, 2018
Page 1 of 17
TO: Donald Brenner, 4 Independence Avenue, Tappan, New York
FROM: Orangetown Planning Board
RE: Henry Kaufmann Campgrounds, Inc. Site Plan: The application of Henry Kaufmann Campgrounds, Inc., applicant, for UJA Federation of New York, owner, for Prepreliminary/ Preliminary Site Plan Review, at a site known as “Henry Kaufmann Campgrounds, 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 667 Blauvelt Road, Pearl River, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 69.14, Block 1, Lot 28 & Section 69.10, Block 2, Lot 21 in the R-80 zoning district.
Heard by the Planning Board of the Town of Orangetown at meetings, Wednesday, December 13, 2017 and February 28, 2018, at which time the Board made the following determinations:
December 13, 2017
Troy Wojciekofsky, Donald Brenner and Jay Greenwell appeared before the Board. The Board received the following communications:
- Project Review Committee Report dated December 6, 2017.
- An interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by Jane Slavin, R.A., A.I.A., Director, dated December 13, 2017.
- An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated December 8, 2017.
- A letter from Brooker Engineering signed by Kenneth DeGennaro, P.E., dated November 30, 2017.
- An interdepartmental memorandum from the Bureau of Fire Prevention, Town of Orangetown, signed by Michael Bettmann, Chief Fire Inspector, dated December 4, 2017.
- A letter from the Rockland County Department of Planning, from Douglas Schuetz, Acting Commissioner of Planning, dated November 27, 2017.
- Letters from the Rockland County Department of Health, signed by Scott McKane, P.E., Senior Public Health Engineer, dated October 30 and November 15, 2017.
- Letters from Rockland County Drainage Agency, signed by Vincent Altieri, Executive Director, dated November 29, 2017, May 27 and
June 26, 2013 and an E-mail from Shajan Thottakara, Rockland County Drainage Agency dated November 30, 2017.
PB #17-59: Henry Kaufmann Campground, Site Plan Permit #46910
Preliminary Site Plan Approval Subject
to Conditions/ Neg. Dec.
Town of Orangetown Planning Board Decision
February 28, 2018
Page 2 of 17
- A letter from the Rockland County Sewer District, signed by Joseph LaFiandra, Engineer II, dated October 27, 2017.
- A letter from the Town of Orangetown Zoning Board of Appeals signed by Dan Sullivan, Chairman, dated November 1, 2017.
- A copy of the Building Department Referral, dated September 18, 2017, signed by Building Inspector, Rick Oliver.
- Site Plans entitled “UJA Pearl River Day Camp Proposed Improvements prepared by Stantec, signed and sealed by Troy Wojciekofsky, P.E., dated September 18, 2017:
- Sheet 1 of 6: Overall Site Plan
- Sheet 2 of 6: Detailed Site Plan – 1
- Sheet 3 of 6: Detailed Site Plan – 2
- Sheet 4 of 6: Detailed Site Plan – 3
- Sheet 5 of 6: Detailed Site Plan – 4
- Sheet 6 of 6: Detailed Site Plan – 5
- Survey Plans prepared by Jay Greenwell, PLS, dated August 10, 2012, last revision date of June 8, 2017:
Sheet 1 and Sheet 2
- A copy of the Full Environmental Assessment Form dated October 13, 2017 signed by Troy Wojciekofsky, P.E.
- Submitted at the meeting, a letter from 8 residents living on Sickletown Road:
83 Sickletown Road, 81 Sickletown Road, 85 Sickletown Road and 79 Sickletown Road, dated December 12, 2017.
The Board reviewed the plans and information submitted. The hearing was then opened to the Public.
Public Comments:
Cliff Shannon, 537 Blauvelt Road, Pearl River; raised concerns regarding the possibility of increased bus traffic and campers, due to the growth and improvement of the campgrounds. He wanted to know if the site would be used for other uses other than a day camp, suggesting a possible use as a sleepover camp. Mr. Shannon cautioned the Board about adding additional gravel parking lots on site. He also noted that it is dangerous for local residents when busses drive down McKinley Street in a caravan like procession.
Kevin McCormack, 83 Sickletown Road, Orangeburg, submitted letter to the Board: raised concerns regarding water runoff from the campgrounds and flooding to his property. He is happy that the camp is improving and investing in the facility, however he has experienced drainage problems and flooding for the past 10 years. He held that drainage must be part of the Master Plan.
PB #17-59: Henry Kaufmann Campground, Site Plan Permit #46910
Preliminary Site Plan Approval Subject
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Town of Orangetown Planning Board Decision
February 28, 2018
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Sonya Mason, 106 Duhaime Road, Pearl River; expressed concerns regarding the placement of ballfields in the buffer portion of the campgrounds, would it include tree clearing and wanted to know if the fields would have lights and if they would be used at night. In addition, Ms Mason asked if the expansion make operation of the camp site run into later hours. She noted that there is a lot of water running from the camp when it rains and she and neighbors have experienced drainage problem.
Natalie Nicodema, 1 Briarwood Lane, Orangeburg; explained to the Board that her property abuts the roadway leading to the campgrounds and expressed concerns that the improvements to the site would lead to increased hours of operation of the site. In the recent past, the camp expanded to weekends and year round use of the property and there is continuous use of the roadway. Ms Nicodema wanted to know why the applicant needed additional pools and facilities, were they expanding the uses of the site? In reference to the roadway to the campgrounds, the applicant constructed a large metal box containing water meters on the property line that directly impacts her property.
Don Derisi, 555 Blauvelt Road, Pearl River; noted that his property directly abuts the campgrounds and requested details regarding an amphitheater proposed near the property line. He also wanted to see the “phases” of development of the site, the hours of operation, and if the site would be used on the weekends and the nighttime, especially with the ballfield. Mr. Derisi held that it was nice to have the campgrounds there, but it should maintain a boundary of day time hours of operation.
Kelly Deshaum, 37 McKinley Street, Pearl River; expressed concerns regarding the proposed development of the site, however, the applicant should try and save as much of nature and trees. She understands improvement and enhancement, and wanted to know if the applicant was are adding more or taking away nature. Ms Deshaum also raised concerns regarding the local roadway route that would be taken during construction phasing of the site.
Mike Shine, 601 Blauvelt Road, Pearl River; raised concerns regarding the stream that runs through the site and the impact of development on flooding and modification of the existing stream. He noted that he has witnessed significant flooding in the past years, and drainage has been an issue. Since he has lived at his home, he as seen the ballfields completely flooded and water going over the banks of the stream. Mr. Shine also raised the question that if the applicant is adding another pool, but saying not adding campers; there appears to be a lot of stuff going on.
PB #17-59: Henry Kaufmann Campground, Site Plan Permit #46910
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Town of Orangetown Planning Board Decision
February 28, 2018
Page 4 of 17
Laura Shine, 601 Blauvelt Road, Pearl River; held that she enjoys living next to the camp and want it to maintain the current use. She has lived there for 16 years, and camp is great neighbor. She held that the site can be overdeveloped and wanted the Town and Camp to work cooperatively for the betterment of the Town.
The applicant requested a CONTINUATION…
February 28, 2018
Troy Wojciekofsky, Donald Brenner and Kevin Curran appeared before the Board. The Board received the following communications:
- Project Review Committee Report dated February 21, 2018.
- An interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by Jane Slavin, R.A., A.I.A., Director, dated February 16, 2018.
- An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated December 8, 2017.
- A letter from Brooker Engineering signed by Kenneth DeGennaro, P.E., dated February 21, 2018.
- An interdepartmental memorandum from the Bureau of Fire Prevention, Town of Orangetown, signed by Douglas Sampath, Fire Inspector, dated February 20, 2018.
- A letter from the Rockland County Department of Planning, from Douglas Schuetz, Acting Commissioner of Planning, dated February 28, 2018.
- A letter from the Rockland County Department of Health, signed by Elizabeth Mello, P.E., Senior Public Health Engineer, dated February 7, 2018.
- A letter from the Rockland County Highway Department, signed by Dylan Rajasingham, Engineer II, dated November 15, 2017.
- An E-mail from Shajan Thottakara, Rockland County Drainage Agency dated February 26, 2018, attachment of a letter from Rockland County Drainage Agency, signed by Vincent Altieri, Executive Director, dated November 29, 2017.
- An email from the U.S. Army Corps of Engineers, dated February 12, 2018, from Peter Steinour, Project Manager.
- Site Plans entitled “Site Plans for Phase 1 Bronx House Improvements at the Henry Kaufmann Campgrounds” prepared by Stantec, signed and sealed by Troy Wojciekofsky, P.E., dated December 13, 2017, rev. date of January 29, 2018:
- Coversheet
- Sheet 1 of 6: Existing Conditions and Removal Plan
- Sheet 2 of 6: Site Plan
- Sheet 3 of 6: Drainage and Grading Plan
- Sheet 4 of 6: Erosion and Sediment Control Plan
- Sheet 5 of 6: Utilities Plan
- Sheet 6 of 6: Details
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February 28, 2018
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There being no one else to be heard from the Public, a motion was made to close the Public Hearing portion of the meeting by Kevin Garvey and seconded by Stephen Sweeney and carried as follows: Kevin Garvey, aye; William Young, Vice-Chairman, aye; Robert Dell, aye; Stephen Sweeney, aye; Blythe Yost, absent; Michael Mandel, aye and Thomas Warren, absent.
The proposed action is classified as an “unlisted action” as defined by Section 617.2 (ak) of the New York State Environmental Quality Review Regulations (SEQRR). No agency, other than the Orangetown Planning Board will have any significant involvement in the review process, pursuant to Section 617.6 of SEQRA.
On motion by Kevin Garvey and seconded by Stephen Sweeney and carried as follows: Kevin Garvey, aye; William Young, Vice-Chairman, aye; Robert Dell, aye; Stephen Sweeney, aye; Blythe Yost, absent; Michael Mandel, aye and Thomas Warren, absent 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 by Stantec and Jay Greenwell, PLS and having heard from the following offices, officials and/or Departments: (Town of Orangetown): Project Review Committee, Office of Building, Zoning, Planning Administration and Enforcement and Department of Environmental Management and Engineering, and having heard from the following involved and interested agencies: Town of Orangetown Zoning Board of Appeals, Rockland County Department of Health, Rockland County Sewer District #1, Rockland County Drainage Agency and having reviewed a Plan by prepared by Stantec and Jay Greenwell, PLS, a summary of the reasons supporting this determination are, and the Planning Board finds that the proposed action:
PB #17-59: Henry Kaufmann Campground, Site Plan Permit #46910
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Town of Orangetown Planning Board Decision
February 28, 2018
Page 6 of 17
- Will not significantly affect existing air quality or noise levels;
- Will not significantly affect existing surface water quality or quantity or drainage;
- Will not significantly affect existing ground water quality or quantity;
- Will not significantly affect existing traffic levels;
- Will not create a substantial increase in solid waste production;
- Will not create a potential for erosion, flooding, leaching or drainage problems;
- Will not have a significant adverse impact on the environmental characteristics of our critical environmental area or environmentally sensitive sites or features;
- Will not have an impairment of the character or quality of important historical, archeological or architectural resources;
- Will not have an impairment of the character or quality of important aesthetic resources;
- Will not have an impairment of existing community or neighborhood character;
- Will not remove or destroy large quantities of vegetation or fauna;
- Will not remove or destroy large quantities of wildlife species or migratory fish;
- Will not have a significant adverse impact to natural resources;
- 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 Kevin Garvey and seconded by Michael Mandel and carried as follows: Kevin Garvey, aye; William Young, Vice-Chairman, aye; Robert Dell, aye; Stephen Sweeney, aye; Blythe Yost, absent; Michael Mandel, aye and Thomas Warren, absent, 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 Preliminary Site Plan Approval Subject to the Following Conditions:
- The following note shall be placed on the Site Plan: “At least one week prior to the commencement of any work, including the installation of erosion control devices or the removal of trees and vegetation, a pre-construction meeting must be held with the Town of Orangetown Department of Environmental Management and Engineering, Superintendent of Highways and the Office of Building, Zoning and Planning Administration and Enforcement. It is the responsibility and obligation of the property owner to arrange such a meeting.”
PB #17-59: Henry Kaufmann Campground, Site Plan Permit #46910
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Town of Orangetown Planning Board Decision
February 28, 2018
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- The following note shall be placed on the Site Plan regarding Stormwater Management Phase II Regulations: Additional certification, by an appropriate licensed or certified design professional shall be required for all matters before the Planning Board indicating that the drawings and project are in compliance with the Stormwater Management Phase II Regulations.
- All outdoor construction activities, including site clearing operations if applicable, shall take place between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. No such activities shall take place on Sunday or a legal holiday. The same criteria shall apply to indoor construction activities, except that such activities may take place between the hours of 7:00 a.m. and 10:00 p.m. Place this information as a note on the Site Plan.
- The applicant shall do their best to review an alternate location for the Ballfield; any movement in the correct direction would be beneficial.
- Limits of clearing, grading and tree removal shall be dimensioned.
- Any structures, activity area or recreation areas that are proposed within the 300 foot buffer will require a variance from the Town of Orangetown Zoning Board of Appeals, per Section 4.32(B), Camps.
- Proposed development within the 100 year flood plain is required to meet New York State Department of Environmental Conservation requirements.
- A base flood elevation must be established when development consists of more than five acres and shown on the plan with proposed floor elevations.
- The revised SWPPP that was submitted is under review by DEME and a response will be sent directly to the applicant’s engineer.
- DEME recommends that soil borings, perc tests and determination of groundwater elevations be performed at the proposed bio-retention areas. These tests/ investigations shall be performed in the spring when the ground water table is typically at its highest. DEME and the Building Department shall be notified when this work is to be done so that the test tests can be witnessed. This shall be done prior to this proposal receiving final approval.
- Drawing C-3 shall clearly show and state the individual areas of disturbance for each improvement (ball field, homebase pavilions, etc.), as well as the total area of disturbance for this entire phase. The applicant’s engineer shall show this graphically and in a table. This information shall also be added to the SWPPP.
- Drawing D-1 depicts a generic bio-retention detail which is insufficient. Three separate, uniquely sized and shaped bio-retention areas are proposed for this phase, therefore, three separate and distinct “blow up” details for each of the areas shall be added to the drawings. Cross sections, storage volume vs. elevation vs. design storm, outlet structure (with elevations), underdrain details and profiles with elevations, flared end section and rip rap (at exhaust), etc.
PB #17-59: Henry Kaufmann Campground, Site Plan Permit #46910
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Town of Orangetown Planning Board Decision
February 28, 2018
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- Profiles for all proposed drainage lines shall be added to the plans. Also, detail sheet D-1 shows a standard inlet/ outlet rip rap apron detail, however, drawing C-3 does not show any rip rap aprons at any of the culvert/ piping inlet/ outlet areas. These rip rap aprons shall be shown with the proper/ calculated length and width.
- Soil erosion and sediment control devices shall be shown around the buildings being demolished on drawing C-1
- New York State Department of Environmental Conservation standard symbols shall be used on the SESC plan.
- A stabilized construction entrance is shown on drawing C-4 to access the Aquatic Center and Homebase Pavilion (HB-BH-1). However, no stabilized construction entrance(s) are shown for the proposed ball field, soccer field or the Homebase Pavilion (HB-BH-2). This shall be corrected.
- Sanitary calculations for all of the proposed new (aquatic center)/ increase (homebases) flow, prepared by a New York State Licensed Professional Engineer, shall be submitted for review and approval. The calculations shall include the design capacity and existing flow data for the private sanitary pumping station.
- Drawing C-4 depicts a new sanitary building connection (from the proposed aquatic center) “tying into” the existing sanitary building connection from Homebase Pavilion (HB-BH-1). This is unacceptable. Either the aquatic center shall have its own connection from the center to the existing private sanitary pumping station or a manhole shall be added where the two separate building connection come together; and the two lines connect to it AND a new 8 inch sanitary main be run from that new manhole to the private sanitary pumping station.
- Profiles for all new sanitary building connections and mains shall be added to the Site Plans.
- New sanitary manholes are shown on drawing C-5 but no details for same are on the drawings. A standard sanitary manhole detail, reflection a Campbell Foundry model #1012b frame and cover with cover details shall be added to the drawings.
PB #17-59: Henry Kaufmann Campground, Site Plan Permit #46910
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Town of Orangetown Planning Board Decision
February 28, 2018
Page 9 of 17
- The cover sheet drawing shall be retitled to state’…Bronx House Area…”
- The applicant’s attorney shall provide proof of legal ability to construct a soccer field in/ on the existing Town of Orangetown sanitary sewer easement.
- Drawing C-2 indicates that improvements are planned for the mini golf area (BH-1), however, neither that drawing or any of the other drawings actually show or state what work is to be performed in this area. The proposed improvements shall be clearly spelled out/ shown on the drawings.
- Drainage Review Recommendation
Drainage calculations have been provided to demonstrate that potential significant impacts with respect to drainage can be mitigated. The Drainage Consultant, Brooker Engineering, therefore recommends that the Henry Kaufman Campground Site Plan be approved for drainage subject to the following Project Comments.
This is the second drainage review report for this project; the last review was dated November 30, 2017. For the original submission, an overall Site Plan has been prepared for nine replacement camp shelters, seven new camp shelters, parking areas, walking paths, recreational facilities, new buildings and an aquatic center. The improvements are to be constructed in three phases over two years. According to the information provided in the EAF, the overall site is 105.9 acres and 16.4 acres are proposed to be disturbed. A total of 3.8 acres of impervious area is proposed to be added to the site.
The current submission includes the overall master plan work and also contains detailed information for the Phase 1 work, which consists of improvements at the Bronx House area of the site. The Bronx House area is located at the northwest corner of the site, east of McKinley Street and Duhame Road. Stormwater runoff in this portion of the site flows east toward the Nauraushaun Brook. No stormwater runoff from this portion of the site flows towards the residences abutting the site that front on Sickletown Road.
There is a series of wetlands along the eastern portion of the site that discharge to a swale that outlets to a residential lot along Sickletown Road. The Nauraushaun Brook, a FEMA mapped stream that is also regulated by the Local Floodplain Administrator and the Rockland County Drainage Agency, flows south along the west side of the property. The site is lightly developed and contains numerous wooded areas. The Bronx House Phase of the project includes two new “Homebase Pavilion” structures, one new aquatic center, and a new baseball field and soccer field. Bioretention facilities for stormwater quality and quantity mitigation are proposed adjacent to each of the three new impervious structures.
PB #17-59: Henry Kaufmann Campground, Site Plan Permit #46910
Preliminary Site Plan Approval Subject
to Conditions/ Neg. Dec.
Town of Orangetown Planning Board Decision
February 28, 2018
Page 10 of 17
Condition #24- Drainage Review Recommendation: Continued…
The plans submitted for this application now include stormwater mitigation calculations and a Stormwater Pollution Prevention Plan.
Project Comments
- The Site Plans shall include any impervious area for sidewalks and paths that will be needed for the new structures.
- Proposed grading shall be provided that directs stormwater runoff away from the new structures in all directions.
- The orifice modeled for each bioretention facility in the hydrologic model shall be shown on the bioretention details.
- The hydrologic calculations shall provide supporting mapping calculations to show how wooded areas are increasing from existing to proposed conditions. The wooded area is calculated as 591,943 SF in subarea 1S in the existing conditions model and 599,486 SF in subarea 3S in the proposed conditions model.
- The hydrologic model shall use increased curve numbers from existing to proposed conditions to reflect the change in ground cover from woods to grass at the proposed athletic fields.
- The subareas for PCDA 1A through 1C shall be revised to only include stormwater runoff that is directed to the bioretention facilities.
- The three bioretention facilities store 2.26 inches, 1.98 inches, and 2.06 inches of rainfall runoff from the contributing impervious areas for each basin. The available storage volume shall be increased.
- Additional detail is needed to show how the swale that runs through the location of the proposed baseball field will be diverted.
- Soil percolation test data shall be provided.
- Bioretention maintenance information shall be referenced on the Site Plan.
- Road names shall be included on the Vicinity Map on the Title Sheet.
- The Rockland County Department of Planning had the following comments which are herein incorporated as conditions:
- An updated review must be completed by the County of Rockland Department of Highway and all concerns addressed and all required permits obtained. In addition, the comments in the November 15, 2017 letter from County of Rockland Department of Highway must be met.
- The comments in the February 7, 2018 letter from the Rockland County Department of Health must be met.
- A review must be completed by the County of Rockland Drainage Agency and any required permits obtained.
- The applicant shall consult with the Rockland County Office of Fire and Emergency Services, E-911 Office, to properly address all permanent structures.
PB #17-59: Henry Kaufmann Campground, Site Plan Permit #46910
Preliminary Site Plan Approval Subject
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Town of Orangetown Planning Board Decision
February 28, 2018
Page 11 of 17
Continuation of Condition #25…
- If there is any encroachment into the Federal wetlands, a review must be completed by the United States Army Corps of Engineers and all required permit obtained.
- The Floodplain Administrator for the Town of Orangetown shall certify that the proposed construction is in compliance with the floodplain regulations of the Town and the Federal Emergency Management Agency.
- Fire Lanes, and emergency access points, must be identified on the plans. Can fire equipment easily maneuver on the site? This must be illustrated and clarified.
- As the various buildings and facilities are proposed, individual detailed plans must be provided, showing the existing conditions, proposed layout, grading, drainage, lighting, etc.
- An overall Bulk Table and Vicinity Map must be provided on the plans.
- Since regrading will be required for construction of many of the proposed facilities, prior to the start of construction or grading, a soil and erosion control plan shall be developed and in place for the entire site that meets the latest edition of the New York State Guidelines for Urban Erosion and Sediment Control.
- A grading plan must be provided for the site, showing both the existing and proposed contours.
- There shall be no net increase in the peak rate of discharge from the site at all design points.
- If any variances are needed to implement the proposed site plan, the Rockland County Department of Planning requests the opportunity to review the proposed variances, as required by New York State General Municipal Law, Section 239-m(3)(v).
- Grading plans will be required prior to the implementation of Phase II.
- A notation shall be added to the plans for the RR SR-1 building to indicate its use and planned improvements.
- The Rockland County Drainage Agency (RCDA) has previously reviewed the above referenced site and determined that it is within the jurisdiction of the RCDA. Therefore, a permit from the RCDA pursuant to the Rockland County Stream Control Act is required for any developments within this site. Based on a review of the above-referenced drawings, several site improvements were made, including 12 new sheds, without the required permit from the RCDA. Pursuant to Section 10 of the Rockland County Stream Control Act, no person shall perform any work affecting the construction and maintenance of any existing or proposed structure within the lands governed by this act, without first applying for and obtaining a written permit for such work. The aforesaid activity has been performed without the requisite Rockland County Stream Control Act permit from the RCDA and is in direct contravention of the Rockland County Stream Control Act. This letter will serve to provide you with a written formal notice that you are in violation of the Rockland County Stream Control Act.
PB #17-59: Henry Kaufmann Campground, Site Plan Permit #46910
Preliminary Site Plan Approval Subject
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Town of Orangetown Planning Board Decision
February 28, 2018
Page 13 of 17
- The Rockland County Health Department reviewed the plans and offered the following comment:
- The septic system and stormwater management improvements listed in the narrative will need Rockland County Health Department approvals.
- The Engineering plans for any proposed pool or modifications to existing pools must be submitted to and approved by the Rockland County Health Department prior to construction.
- 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.
- The Rockland County Highway Department has reviewed the plans prepared by Stantec Consulting Engineers, and offer the following comments:
- As the proposed improvement at the referenced location is expected to increase traffic flow or change the level of service on the County road system, a traffic analysis shall be required to explain days and hours of operation of the facility, traffic impact, and potential mitigation measures, if needed.
- The driveway design shall prevent the need for undue deceleration in a travel lane and preclude turning vehicle encroachment on adjacent highway travel lanes by the largest vehicle expected to routinely use the driveway. The driveway serving larger vehicles shall also accommodate their turning path without providing excessive pavement width. The above requirements shall be analyzed and confirmed.
- The proposed entrance #2 on Sickletown Road shall show the details and relevant dimensions.
- The roadway leading to the parking lot through the entrance #2 on Sickletown Road shall be designed to provide adequate support for the volume and character of traffic using the roadway.
- The adequate line of sights shall be provided for the proposed driveway or entrance #2 on Sickletown Road.
- The drainage report shall verify that there would be no net increase in the peak rate of discharge from the site at all design points.
- Is there any proposed lighting plan on the driveway? If yes, the details shall
be provided.
- A Highway Work Permit must be obtained from the Rockland County Highway Department prior to the stat of any construction as Sickletown Road is a County Road.
- The future submissions incorporating the above comments shall also be distributed to Rockland County Highway Department for review.
PB #17-59: Henry Kaufmann Campground, Site Plan Permit #46910
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Town of Orangetown Planning Board Decision
February 28, 2018
Page 14 of 17
- The Town of Orangetown Bureau of Fire Prevention had the following comment:
- Provide information regarding the type of construction of the new buildings; additional access roads, hydrants, fire alarms, etc. may be required.
- The U.S. Army Corps of Engineers reviewed the plans and conceptual Stormwater Management Plan and it appears that authorization from the Army Corps of Engineers (Corps) may be required for the discharge of fill material, as associated with the proposed activity into the Waters of the United States. The Corps requests that the applicant address the following concerns:
- The Conceptual Stormwater Management plan shows overlapping bio-retention and wetland features. If this overlap represents the discharge of ill to a wetland area, then a Corps permit may be required.
- There appears to be stream channels in the project area that are not shown on the site Plan. These channels may also be jurisdictional waters.
- The limit of disturbance, which encompasses all grading, staging areas, temporary stockpiles, sediment and erosion controls, and any other temporary or permanent earth disturbance or discharge of fill material, shall be included on the site plan. Without this information, the Corps cannot make a determination regarding additional potential impacts.
- If the applicant, during the course of construction of any required public improvements or private sanitary or storm sewer improvements, 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 (or the applicant’s engineer) shall submit their recommendations as to the special treatment or design modification 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 (applicants’ engineer’s) recommendations to correct the condition(s), or order a modification thereof. In the event of the applicant’s (applicants engineer’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. Federal Wetlands – U.S. Army Corps of Engineers).
- The following agencies do not object to the Town of Orangetown Planning Board assuming responsibilities of lead agency for SEQRA purposes:
– Town of Orangetown Zoning Board of Appeals
– Rockland County Department of Health
– Rockland County Drainage Agency
PB #17-59: Henry Kaufmann Campground, Site Plan Permit #46910
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Town of Orangetown Planning Board Decision
February 28, 2018
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- 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.
- All of the conditions of this decision, shall be binding upon the owner of the subject property, its successors and/or assigns, including the requirement to maintain the property in accordance with the conditions of this decision and the requirement, if any, to install improvements pursuant to Town Code §21A-9. Failure to abide by the conditions of this decision as set forth herein shall be considered a violation of Site Plan Approval pursuant to Town Code §21A-4.
- The 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.
- All reviews and approvals from various governmental agencies must be obtained prior to stamping of the Site Plan.
- TREE PROTECTION: The following note shall be placed on the site plan:
The Tree Protection and Preservation Guidelines adopted pursuant to Section 21-24 of the Land Development Regulations of the Town of Orangetown will be implemented in order to protect and preserve both individual specimen trees and buffer area with many trees. Steps that will be taken to preserve and protect existing trees to remain are as follows:
- No construction equipment shall be parked under the tree canopy.
- There will be no excavation or stockpiling of earth underneath the trees.
- Trees designated to be preserved shall be marked conspicuously on all sides at a 5 to 10 foot height.
- 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:
PB #17-59: Henry Kaufmann Campground, Site Plan Permit #46910
Preliminary Site Plan Approval Subject
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Town of Orangetown Planning Board Decision
February 28, 2018
Page 16 of 17
Continuation of Condition #38…
- Light to Heavy Impacts – Minimum of eight inches of wood chips installed in the area to be protected. Chips shall be removed upon completion of work.
- Light Impacts Only – Installation of ¾ inch of plywood or boards, or equal over the area to be protected.
The builder or its agent may not change grade within the tree protection zone of a preserved tree unless such grade change has received final approval from the Planning Board. If the grade level is to be changed more than six (6) inches, trees designated to be preserved shall be welled and/or preserved in a raised bed, with the tree well a radius of three (3) feet larger than the tree canopy.
- 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.
- 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.
- The contractor’s trailer, if any is proposed, shall be located as approved by the Planning Board.
- 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).
PB #17-59: Henry Kaufmann Campground, Site Plan Permit #46910
Preliminary Site Plan Approval Subject
to Conditions/ Neg. Dec.
Town of Orangetown Planning Board Decision
February 28, 2018
Page 17 of 17
- Permanent vegetation cover of disturbed areas shall be established on the site within thirty (30) days of the completion of construction.
- 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
- The Planning Board shall retain jurisdiction over lighting, landscaping, signs and refuse control.
The foregoing Resolution was made and moved by Kevin
Garvey and seconded by Michael Mandel and carried as follows: Kevin Garvey, aye, William Young, Vice- Chairman, aye; Michael Mandel, aye; Thomas Warren, absent; Blythe Yost, absent; Robert Dell, 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: February 28, 2018
Town of Orangetown Planning Board
February 28, 2018
Cheryl Coopersmith, Chief Clerk Boards and Commissions
Town of Orangetown Planning Board
State Environmental Quality Review Regulations
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
PB #17-59: Henry Kaufmann Campground, Site Plan Permit #46910
Preliminary Site Plan Approval Subject
to Conditions/ Neg. Dec.
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: Henry Kaufmann Campground, 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 667 Blauvelt Road, Pearl River, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 69.14, Block 1, Lot 28 & Section 69.10, Block 2, Lot 21 in the R-80 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:
Jane Slavin, R.A., A.I.A., 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
PB#18-07: The Cunningham House Site Plan Permit # 44237
Amendment to Final Site Plan Approval Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 1 of 9
TO: Gregg Verrilli, Rogers McCarron & Habas, 100 Dutch Hill Road, Suite 390, Orangeburg, New York 10962
FROM: Orangetown Planning Board
RE: The Cunningham House Site Plan: The Cunningham House Site Plan Amendment: The application of Stephen Janson, applicant, for The Cunningham House, LLC, owner, for an Amendment to Final Site Plan Approval to pave the existing gravel driveway, PB#17-13, dated March 22, 2017 at a site known as “The Cunningham House Site Plan Amendment” for Prepreliminary/ Preliminary/ Final Site Plan Review, 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 118 Main Street, Tappan, in the Tappan Historic District, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 77.11, Block 3, Lot 2 in the CS zoning district.
Heard by the Planning Board of the Town of Orangetown at a meeting held
February 28, 2018 at which time the Board made the following determinations:
Gregg Verrilli and Stephen Janson appeared and testified.
The Board received the following communications:
- Project Review Committee Report dated February 21, 2018.
- An interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by Jane Slavin, R.A., A.I.A., Director, dated February 27, 2018.
- An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., February 22, 2018.
- A letter from Brooker Engineering, signed by Kenneth DeGennaro, P.E., dated February 21, 2018.
- A letter from Rockland County Department of Planning, from Douglas Schuetz, Acting Commissioner of Planning, dated February 26, 2018.
- A letter from Rockland County Department of Health, signed by Elizabeth Mello, P.E., Senior Public Health Engineer, dated February 7, 2018.
PB#18-07: The Cunningham House Site Plan Permit # 44237
Amendment to Final Site Plan Approval Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 2 of 9
- Plans for “Janson”, dated June 8, 2015, last revision dated
December 9, 2017, plan prepared by Anthony Celentano, PLS.
- Sheet 1 of 2: Site Plan
- Sheet 2 of 2: Detail
- A Project Narrative submitted by the applicant.
- Revised Short Environmental Assessment Form.
- Copies of the following Board Decisions: PB#17-13: Final Site Plan Approval Subject to Conditions, dated March 22, 2017; HABR #16-16, Approved as Presented, dated November 8, 2016; ZBA #16-96, Granted Approval for Gravel Parking Area and Required Off-Street Parking Spaces, dated November 2, 2016, and PB #16-56, Preliminary Site Plan Approval Subject to Conditions, Neg. Dec., dated July 27, 2017.
- An email with attachments from Robert Norden, abutting property owner, dated February 27, 2018.
The Board reviewed the information and plans. The hearing was then opened to the Public.
Public Comment:
Mary Cardenus, Town of Orangetown Town Historian, raised concerns regarding the drainage issues associated with this project site and its impact on the abutting property, The 76 House. Mrs. Cardenus explained that The 76 House is listed on the National Historic Register. She requested the Board to review the EAF.
Carol LaValle, President of the Tappantown Historic Society, stated that she supports The 76 House, to resolve the water in the basement. She questioned if the placement of macadam in the applicant’s parking lot would resolve the water problem. Ms. LaValle questioned if there was sufficient parking.
There being no one else from the Public, a motion was made to close the Public Hearing portion of the meeting by Kevin Garvey and second by Stephen Sweeney and carried as follows: Kevin Garvey, aye; Blythe Yost, absent, aye; Michael Mandel, aye; William Young, Vice-Chairman, aye; Robert Dell, aye; Thomas Warren, absent and Stephen Sweeney, aye.
Reaffirmation of SEQRA
Pursuant to New York Code, Rules & Regulations (NYCRR) Section 617.7, the Town of Orangetown Planning Board, as lead agency, for the reasons articulated in this Board’s analysis of all of the submissions by the applicant, interested agencies, departments and the public, with respect to this project including the Environmental Assessment Form, which reasons are summarized in the motion, hereby determines that the proposed action will not have a significant impact on the environment and a Draft Environmental Impact Statement (DEIS) will not be prepared.
PB#18-07: The Cunningham House Site Plan Permit # 44237
Amendment to Final Site Plan Approval Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 3 of 9
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 Anthony Celentano, P.E. and the Town of Orangetown’s engineering consultant, and having heard from the following offices, officials and/or Departments: (Town of Orangetown): Project Review Committee, Office of Building, Zoning, Planning Administration and Enforcement and Department of Environmental Management and Engineering, and having heard from the following involved and interested agencies: Rockland County Sewer District No. 1, Town of Orangetown Zoning Board of Appeals, and having reviewed the proposed Site Plans by prepared by Anthony Celentano, P.E., a summary of the reasons supporting this determination are, and the Planning Board finds that the proposed action:
- Will not significantly affect existing air quality or noise levels;
- Will not significantly affect existing surface water quality or quantity or drainage;
- Will not significantly affect existing ground water quality or quantity;
- 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;
- 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;
- Will not have an impairment of existing community or neighborhood character;
- Will not remove or destroy large quantities of vegetation or fauna;
- Will not remove or destroy large quantities of wildlife species or migratory fish;
- Will not have a significant adverse impact to natural resources;
- 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 Kevin Garvey and seconded by Michael Mandel and carried as follows: Kevin Garvey, aye; Blythe Yost, absent, aye; Michael Mandel, aye; William Young, Vice-Chairman, aye; Robert Dell, aye; Thomas Warren, absent and Stephen Sweeney, aye, the Board Reaffirmed the Negative Declaration pursuant to SEQRA.
PB#18-07: The Cunningham House Site Plan Permit # 44237
Amendment to Final Site Plan Approval Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 4 of 9
DECISION: In view of the foregoing and the testimony before the Board, the application was Granted an Amendment to Final Site Plan Approval Subject to the Following Conditions:
- 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.”
- The following note shall be placed on the Site Plan regarding Stormwater Management Phase II Regulations: Additional certification, by an appropriate licensed or certified design professional shall be required for all matters before the Planning Board indicating that the drawings and project are in compliance with the Stormwater Management Phase II Regulations.
- The applicant shall comply with all pertinent and applicable conditions of previous decisions: HABR #16-16, Approved as Presented, dated November 8, 2016; ZBA #16-96, Granted Approval for Gravel Parking Area and Required Off-Street Parking Spaces, dated November 2, 2016, and PB #16-56, Preliminary Site Plan Approval Subject to Conditions, Neg. Dec.,
dated July 27, 2017.
- All outdoor construction activities, including site clearing operations if applicable, shall take place between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. No such activities shall take place on Sunday or a legal holiday. The same criteria shall apply to indoor construction activities, except that such activities may take place between the hours of 7:00 a.m. and 10:00 p.m. Place this information as a note on the Site Plan
- The Cunningham House shall be indicated on all plans.
- The profile given shall be modified to show elevations and inverts of the piping between the catch basin and the drywell system, to ensure there is enough pressure to open the proposed check valve.
- DEME is still awaiting the required stormwater maintenance agreement.
PB#18-07: The Cunningham House Site Plan Permit # 44237
Amendment to Final Site Plan Approval Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 5 of 9
- Drainage Review Recommendation
The Drainage Consultant to the Planning Board, Brooker Engineering reviewed the application and found that the application provided sufficient information to demonstrate that potential significant adverse impacts with respect to drainage will be mitigated and therefore recommend that the Cunningham House Site Plan be approved for drainage subject to the following comments:
Project Description
This application is for site plan approval for a previously constructed gravel parking lot located at the west side of the Cunningham House building at the southwest corner of the intersection of Old Tappan Road and Main Street. This is the fifth drainage review report; the last report was dated July 1, 2017. The gravel parking area is lined with Belgian block curb and is a naturally low area. For this submission, the parking lot is proposed to be paved, with the gravel ground cover removed and the low point eliminated. The parking lot is to be lined with Belgian block curb and a new field inlet will convey stormwater runoff from the parking lot to an oil water separator. Stormwater runoff is then conveyed to two drywells in the lawn area. There is a net increase of 3,016 square feet of impervious area. The proposed mountable curb at the entrance that diverted stormwater runoff around the site has been removed from the plan, thereby maintaining the existing drainage patter.
Project Comments
- As per the December 3, 2015, July 25, 2016 and March 7, 2017 reports show the path of overflow stormwater runoff from the drywell. The Drainage Consultant has no objection to overflows exiting the system from the rim of the new drywell; however, the drywells have rim at elevations of 51.67 and the field inlet in the parking lot has a rim of 51.0. Overflows as shown appear surcharge the oil separator and create a pond in the southeast corner of the parking lot. This shall be redesigned.
- For ease of inspection during construction, add the overall interior depth of the stone beneath the drywell to the Drywell Detail.
- Rockland County Department of Planning had the following comments which are incorporated herein as conditions of approval:
- The comments in the December 22, 2017 letter from the County of Rockland Department of Highways must be met.
- The comments in the February 7, 2017 letter from the Rockland County Department of Health must be met.
PB#18-07: The Cunningham House Site Plan Permit # 44237
Amendment to Final Site Plan Approval Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 6 of 9
Continuation of Condition #9…
- All existing or proposed signage shall be indicated on the Site Plan and shall conform to the municipality’s sign standards.
- The Rockland County Department of Health reviewed the Site Plan and other documentation provided the following comments:
– Application is to be made to the Rockland County Department of Health for review of the Stormwater Management system for compliance with the County Mosquito Code.
- 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.
- All of the conditions of this decision, shall be binding upon the owner of the subject property, its successors and/or assigns, including the requirement to maintain the property in accordance with the conditions of this decision and the requirement, if any, to install improvements pursuant to Town Code §21A-9. Failure to abide by the conditions of this decision as set forth herein shall be considered a violation of Site Plan Approval pursuant to Town Code §21A-4.
- The applicant shall comply with all pertinent items in all Board Decisions and the Guide to the Preparation of Site Plans prior to signing the final plans.
- All reviews and approvals from various governmental agencies must be obtained prior to stamping of the Site Plan.
- 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:
PB#18-07: The Cunningham House Site Plan Permit # 44237
Amendment to Final Site Plan Approval Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 7 of 9
Continuation of Condition #15….
- No construction equipment shall be parked under the tree canopy.
- There will be no excavation or stockpiling of earth underneath the trees.
- Trees designated to be preserved shall be marked conspicuously on all sides at a 5 to 10 foot height.
- 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 ¾ inch of plywood or boards, or equal over the area to be protected.
The builder or its agent may not change grade within the tree protection zone of a preserved tree unless such grade change has received final approval from the Planning Board. If the grade level is to be changed more than six (6) inches, trees designated to be preserved shall be welled and/or preserved in a raised bed, with the tree well a radius of three (3) feet larger than the tree canopy.
- 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.
- 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.
- The contractor’s trailer, if any is proposed, shall be located as approved by the Planning Board.
PB#18-07: The Cunningham House Site Plan Permit # 44237
Amendment to Final Site Plan Approval Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 8 of 9
- 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).
- Permanent vegetation cover of disturbed areas shall be established on the site within thirty (30) days of the completion of construction.
- 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
- The Planning Board shall retain jurisdiction over lighting, landscaping, signs and refuse control.
Overrides
The Board made a motion to override Conditions #3 and #4 of the
February 26, 2018 letter from Rockland County Department of Planning, signed by Douglas Schuetz, Acting Commissioner of Planning, for the following reasons:
Condition #3: A Landscaping plan that meets all Town requirements shall be provided. The proposed earth dike shall be landscaped to provide a more visually attractive feature.
The Board held that due to site restrictions at the site, the existing landscaping on site was sufficient. In addition, the Board noted that this item was over rode in the Preliminary and Final reviews of the project.
A motion to override the condition was made and moved by Kevin Garvey and
seconded by Stephen Sweeney and carried as follows: Kevin Garvey, aye; Michael Mandel, aye, William Young, Vice – Chairman, aye; Robert Dell, Blythe Yost, absent; Stephen Sweeney, aye and Thomas Warren, absent.
PB#18-07: The Cunningham House Site Plan Permit # 44237
Amendment to Final Site Plan Approval Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 9 of 9
Overrides Continued…
Condition #4: A lighting plan shall be provided that shows fields of illumination. This plan must demonstrate that the intensity of the candle lumens is less than 0.1 at the property line.
The Board held that the amount of work being done does not warrant a lighting plan and there is sufficient ambient light to illuminate the site. In addition, the Board noted that this item was over rode in the Preliminary review of the project.
A motion to override the condition was made and moved by Kevin Garvey and seconded by Michael Mandel and carried as follows: Kevin Garvey, aye; Blythe Yost, absent; Michael Mandel, aye, William Young, Vice Chairman, aye; Robert Dell, aye; Stephen Sweeney, aye and Thomas Warren, absent.
The foregoing Resolution was made and moved by Kevin Garvey and seconded by Michael Mandel and carried as follows: Kevin Garvey, aye; Blythe Yost, absent; Michael Mandel, aye; William Young, Vice Chairman, aye; Robert Dell, aye; Thomas Warren, absent 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: February 28, 2018
Cheryl Coopersmith
Town of Orangetown Planning Board
February 28, 2018
Cheryl Coopersmith, Chief Clerk Boards and Commissions
Town of Orangetown Planning Board
State Environmental Quality Review Regulations
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
PB #18-07: The Cunningham House Site Plan Permit # 44237
Amendment to Final Site Plan Approval Subject to Conditions
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 Cunningham House Site Plan Amendment to Final Site Plan Approval Subject to Conditions
SEQR STATUS: Type I _________Unlisted XXXXXX
CONDITIONED NEGATIVE DECLARATION: Yes _______No XXXXXX
DESCRIPTION OF ACTION: Site Plan Review
LOCATION: The site is located at 118 Main Street, Tappan, in the Tappan Historic District, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 77.11, Block 3, Lot 2 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 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:
Jane Slavin, R.A., A.I.A., 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
Commissions
PB #18-08: Sparkill-Palisades Fire District Site Plan Permit #46585
Final Site Plan Approval Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 1 of 7
TO: John Atzl, Atzl, Nasher & Zigler, 234 North Main Street, New City, New York 10956
FROM: Orangetown Planning Board
RE: Sparkill-Palisades Fire District Site Plan: The application of the Sparkill-Palisades Fire District, owner, for Final Site Plan Review, at a site known as “Sparkill – Palisades Fire District Site Plan”, in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown, Chapter 21A of the Code of the Town of Orangetown. The site is located at 520 Route 340, Sparkill, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 78.05, Block 2, Lots 60 & 61 in the RG/R-15 zoning districts.
Heard by the Planning Board of the Town of Orangetown at a meeting held Wednesday, February 28, 2018 the Board made the following determinations:
John Atzl and Jerome Jefferson appeared and testified.
The Board received the following communications:
- Project Review Committee Report dated February 21, 2018.
- Interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by Jane Slavin, R.A., A.I.A., Director, dated February 27, 2018.
- Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated February 23, 2018.
- A letter from Brooker Engineering, signed by Kenneth DeGennaro, P.E., dated February 19, 2018.
- A letter from the Rockland County Department of Planning, signed by Douglas Schuetz, Acting Commissioner of Planning, dated February 21, 2018.
- A letter from the Rockland County Highway Department signed by Joseph Arena, Senior Engineering Technician, dated January 25, 2018.
- A letter from Rockland County Department of Health, signed by Elizabeth Mello, P.E., Senior Public Health Engineer, dated February 7, 2018.
- Interdepartmental memorandum from the Bureau of Fire Prevention, Town of Orangetown, signed by Doulas Sampath, Assistant Fire Inspector, dated February 20, 2018.
PB #18-08: Sparkill-Palisades Fire District Site Plan Permit #46585
Final Site Plan Approval Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 2 of 7
- A copy of the Building Permit Referral signed by David Majewski, Building Inspector dated June 29, 2017.
- A letter from Atzl, Nasher & Zigler, dated December 14, 2017.
- Floodplain Development Permit Application, dated December 12, 2017.
- Plans entitled Sparkill-Palisades Fire District, prepared by Atzl, Nasher & Zigler, P.C. Engineers – Surveyors- Planners, dated May 15, 2017, last revision date of December 4, 2017, unless noted:
Drawing 1: Existing Site
Drawing 2: Site Plan
Drawing 3: Grading Plan
Drawing 4: Erosion & Sediment Control Plan
Drawing 5: landscape & Lighting, dated October 7, 2017, revised
December 4, 2017.
- Architectural Plans prepared by Martin Sendlewski, R.A., A.I.A., dated October 30, 2017, last revised December 1, 2017:
A-3: Elevations
A-1.1: Lower Level Floor Plan
A-1.2: First Floor Plan
A-1.3: Second Floor Plan
The Board reviewed the submitted plans. The hearing was then opened to the Public.
There being no one to be heard from the Public, a motion was made to close the Public Hearing portion of the meeting by Michael Mandel and second by Kevin Garvey and carried as follows: Kevin Garvey, aye; Blythe Yost, absent; Michael Mandel, aye; William Young, Vice Chairman, aye; Robert Dell, aye; Thomas Warren, absent and Stephen Sweeney, aye.
DECISION: In view of the foregoing and the testimony before the Board, the application was Granted Final Site Plan Approval Subject to the Following Conditions:
- 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”.
- Stormwater Management Phase II Regulations: Additional certification, by an appropriate licensed or certified design professional shall be required for all matters before the Planning Board indicating that the drawings and project are in compliance with the Stormwater Management Phase II Regulations.
PB #18-08: Sparkill-Palisades Fire District Site Plan Permit #46585
Final Site Plan Approval Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 3 of 7
- All outdoor construction activities, including site clearing operations if applicable, shall take place between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. No such activities shall take place on Sunday or a legal holiday. The same criteria shall apply to indoor construction activities, except that such activities may take place between the hours of 7:00 a.m. and 10:00 p.m. Place this information as a note on the Site Plan
- Elevation certificate is required per Section 4 of the Floodplain Development Permit Application before the application can be processed.
- The drainage calculations are currently under review by DEME. However, because the Perc Rate is assumed, a field Perc Test shall be administered prior to receiving final approval for site plan, to ensure adequacy of designed drainage system. The applicant’s engineer shall provide a copy of the field Perc Test to DEME and the Building Department.
- The required Perc Test shall pass to the satisfaction of DEME and Building Department prior to stamping and signing the Final Site Plan Approval by the Clerk to the Planning Board.
- The SESC plans shall be revised to comply with the NYSDEC – SMDM standard symbols. Note that the Silt Fence is incorrect.
- 8. The post construction stormwater maintenance plan provided is under review by DEME.
- Drainage Review – Consultant: Sufficient information and details have been provided to demonstrate that potential significant impacts with respect to drainage have been mitigated and the Planning Board Drainage Consultant, Brooker Engineering, therefore recommends that the Sparkill-Palisades Fire District Site Plan application be approved for drainage subject to the following comments.
- As per the July 25, 2017 report, an elevation certificate for proposed conditions shall be provided. This document is part of the application for Floodplain Development Permit and shall be provided prior to a building permit is issued. It is used to verify that the proposed construction is in compliance with NFIP and local floodplain regulations. An updated elevation certificate shall be provided for the as-built conditions, prior to issuance of a certificate of occupancy.
- The architectural drawings appear to show a lower floor below the proposed first floor on the West Elevation on Drawing A-3. The lower floor elevations shall be provided on this plan. The 100-year floodplain elevations shall be added to the Elevations on this drawing and the floor elevations shall be provided in NAVD datum instead of an assumed datum.
PB #18-08: Sparkill-Palisades Fire District Site Plan Permit #46585
Final Site Plan Approval Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 4 of 7
Continuation of Condition #9…
- The solid covers for the drywells shall be changed to a frame and grate.
- The proposed columns for the building addition abut the end of the proposed parking stalls; column protection for the parking cars shall be provided.
- Rockland County Department of Planning had the following comments which are incorporated herein as conditions of approval:
- As indicated in the February 7, 2018 letter from the Rockland County Department of Health, a review must be done by to ensure compliance with Article XIX, Mosquito Control of the Rockland County Sanitary Code.
- An updated review must be completed by the Rockland County Drainage Agency and all required permits obtained. In addition, all comments in their letter of July5, 2017 must be met.
- Since the western access is proposed to be widen slightly, an updated review shall be completed by the New York State Department of Transportation, any concerns addressed, and all required permits The Village of Piermont is one of the reasons this proposal was referred to Rockland County Planning for review. The municipal boundary is approximately 270 feet north of the subject property line. As required under Section 239n of the State General Municipal Law, the Village of Piermont must be given the opportunity to review the proposal and provide any concerns related to the property to the Town of Orangetown. In addition, the Village of Piermont must be added to the Involved Agencies list for SEQRA Purposes.
- The applicant should explore alternative options for the proposed addition to minimize the impact within the 100 year floodplain.
- One of the two parking spaces in the northeast corner of the proposed lot appears to be undersized. This must be corrected or the parking count must be amended to reflect the lower number.
- 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.
- The Floodplain Administrator for the Town of Orangetown shall certify that the proposed construction is in compliance with the floodplain regulations of the Town and the Federal Emergency Management Agency.
PB #18-08: Sparkill-Palisades Fire District Site Plan Permit #46585
Final Site Plan Approval Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 5 of 7
- The Rockland County Department of Health (RCDOH) reviewed the plan and found that application is to be made to RCDOH for review of the storm water management system for compliance with the County Mosquito Code.
- The Rockland County Department of Highways reviewed the plans and found that the proposed action should have a de-Minimis impact upon county roads in the area.
- Based upon Rockland County Drainage Agency (RCDA) evaluation of available mapping and information submitted, it has been determined that the proposed activity is within the jurisdiction of the RCDA. Therefore, a permit from the RCDA pursuant to the Rockland County Stream Control Act, Chapter 846, is required for any developments within this site. The RCDA is in receipt of a Stream Control Act permit application from the applicant and the proposal is going through permit review process.
- 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.
- All reviews and approvals from various governmental agencies must be obtained prior to stamping of the Site Plan.
- 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.
- TREE PROTECTION: The following note shall be placed on the site plan:
The Tree Protection and Preservation Guidelines adopted pursuant to Section 21-24 of the Land Development Regulations of the Town of Orangetown will be implemented in order to protect and preserve both individual specimen trees and buffer area with many trees. Steps that will be taken to preserve and protect existing trees to remain are as follows:
- No construction equipment shall be parked under the tree canopy.
- There will be no excavation or stockpiling of earth underneath the trees.
- Trees designated to be preserved shall be marked conspicuously on all sides at a 5 to 10 foot height.
- The Tree Protection Zone for trees designated to be preserved will be established by one of the following methods:
PB #18-08: Sparkill-Palisades Fire District Site Plan Permit #46585
Final Site Plan Approval Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 6 of 7
Continuation of Condition #17…
- 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 ¾ inch of plywood or boards, or equal over the area to be protected.
The builder or its agent may not change grade within the tree protection zone of a preserved tree unless such grade change has received final approval from the Planning Board. If the grade level is to be changed more than six (6) inches, trees designated to be preserved shall be welled and/or preserved in a raised bed, with the tree well a radius of three (3) feet larger than the tree canopy.
- 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.
- 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.
- The contractor’s trailer, if any is proposed, shall be located as approved by the Planning Board.
- If the applicant, during the course of construction of any required public improvements or private sanitary or storm sewer improvements, 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 (or the applicant’s engineer) shall submit their recommendations as to the special treatment or design modification 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 (applicants’ engineer’s) recommendations to correct the condition(s), or order a modification thereof. In the event of the applicant’s (applicants engineer’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. Federal Wetlands – U.S. Army Corps of Engineers).
PB #18-08: Sparkill-Palisades Fire District Site Plan Permit #46585
Final Site Plan Approval Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 7 of 7
- Permanent vegetation cover of disturbed areas shall be established on the site within thirty (30) days of the completion of construction.
- 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
- The Planning Board shall retain jurisdiction over lighting, landscaping, signs and refuse control.
Override
The Board made a motion to override Condition #4 of the February 21, 2018 letter from Rockland County Department of Planning, signed by
Douglas Schuetz, Acting Commissioner of Planning, for the following reasons:
- All wetlands must be illustrated on the site plan. If there is any encroachment into the Federal wetlands, a review must be completed by the United States Army Corp of Engineers, and all required permits obtained.
The Board held that the property does not need to be delineated for wetlands because the proposed development does not go beyond the existing paved parking area
A motion to override the condition was made and moved by Kevin Garvey and seconded by Robert Dell and carried as follows: Kevin Garvey, aye; aye; Michael Mandel aye; William Young, Vice-Chairman; Stephen Sweeney, aye; Robert Dell, aye, Blythe Yost, absent and Thomas Warren, absent.
The foregoing Resolution was made and moved by Stephen Sweeney and seconded by Kevin Garvey and carried as follows: Kevin Garvey, aye;
Blythe Yost, absent; Michael Mandel, nay; William Young, Vice Chairman, aye; Robert Dell, aye; Thomas Warren, absent 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: February 28, 2018
Cheryl Coopersmith
Chief Clerk Boards and Commissions
Town of Orangetown Planning Board
PB #18-09: Skae Site Plan and Wireless Permit #46014
Antenna Special Permit and Final Site Plan
Approval Subject to Conditions
February 28, 2018
Town of Orangetown Planning Board Decision
Page 1 of 6
TO: Donald Brenner, 4 Independence Avenue, Tappan, New York 10983
FROM: Orangetown Planning Board
RE: Skae Site Plan and Wireless Antenna Special Permit: The application of Peter Skae, for Final Site Plan Review and Special Permit, at a site known as “Skae Site Plan and Wireless Antenna Special Permit”, in accordance with Article 16 of the Town Law of the State of New York and the Land Development Regulations of the Town of Orangetown, Chapter 21A of the Code of the Town of Orangetown. The site is located at 337 – 330 Blaisdell Road, Orangeburg, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 76.08, Block 1, Lot 3 & 4 in the LIO zoning district.
Heard by the Planning Board of the Town of Orangetown at a meeting held, Wednesday, February 28, 2018 at which time the Board made the following determinations:
Donald Brenner appeared and testified.
The Board received the following communications:
- Project Review Committee Report dated February 21, 2018.
- An interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by Jane Slavin, R.A., A.I.A., Director, dated February 27, 2018.
- An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated February 23, 2018.
- A letter from the Rockland County Department of Planning, from Douglas Schuetz, Acting Commissioner of Planning, dated February 26, 2018.
- A letter from the Rockland County Highway Department, signed by Dylan Rajasingham, Engineer III, dated February 5, 2018.
- A letter from Rockland County Department of Health, signed by Elizabeth Mello, P.E., Senior Public Health Engineer, dated February 7, 2018.
PB #18-09: Skae Site Plan and Wireless Permit #46014
Antenna Special Permit and Final Site Plan
Approval Subject to Conditions
February 28, 2018
Town of Orangetown Planning Board Decision
Page 2 of 6
- A copy of the Building Department Referral, dated November 18, 2016, signed by Building Inspector, Rick Oliver.
- Site Plans prepared by Sparaco & Youngblood, dated November 11, 2016:
- Sheet 1 of 2: Site Plan for Skae Training
- Sheet 2 of2: Part Plan and Details for Skae Training
- Copies of the following Board Decisions: ACABOR #17-46, Approved as Presented, dated October 19, 2017; ZBA #17-80, Communication Antenna Location Variance Approved, dated October 18, 2017 and PB #17-09, Preliminary Site Plan Approval and Wireless Antenna Special Permit Approved, subject to Conditions/ Neg. Dec., dated July 26, 2017.
The Board reviewed the plans and information submitted. 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 Kevin Garvey and seconded by Michael Mandel and carried as follows: Kevin Garvey, aye; Blythe Yost, absent; Michael Mandel, aye; William Young, Vice Chairman, aye; Robert Dell, aye; Thomas Warren, absent and Stephen Sweeney, aye.
DECISION: In view of the foregoing and the testimony before the Board, the application was reviewed for a Special Permit pursuant to the requirements of Chapter 43 §8.15 regarding Wireless Communications. The Board reviewed the proposal and the criteria as set forth in said section, including but not limited to the location, visual impacts and landscaping requirements, as well as the reports of Ronald Graiff, PE, Radio Frequency Consulting Engineer and Peter E. Papay, PE, as well as all other submissions and approvals. Based upon the foregoing, the Board voted to grant a Special Permit pursuant to the Zoning Code, subject to all rules, regulations and requirements as set forth more fully in the Zoning Code.
A motion was made by Kevin Garvey and second by Michael Mandel and carried as follows: Kevin Garvey, aye; Blythe Yost, absent; Michael Mandel, aye; William Young, Vice Chairman, aye; Robert Dell, aye; Thomas Warren, absent and Stephen Sweeney, aye.
DECISION: In view of the foregoing and the testimony before the Board, the application was granted Final Site Plan Approval Subject to the Following Conditions:
- 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.”
- The following note shall be placed on the Site Plan regarding Stormwater Management Phase II Regulations: Additional certification, by an appropriate licensed or certified design professional shall be required for all matters before the Planning Board indicating that the drawings and project are in compliance with the Stormwater Management Phase II Regulations.
PB #18-09: Skae Site Plan and Wireless Permit #46014
Antenna Special Permit and Final Site Plan
Approval Subject to Conditions
February 28, 2018
Town of Orangetown Planning Board Decision
Page 3 of 6
- All outdoor construction activities, including site clearing operations if applicable, shall take place between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. No such activities shall take place on Sunday or a legal holiday. The same criteria shall apply to indoor construction activities, except that such activities may take place between the hours of 7:00 a.m. and 10:00 p.m. Place this information as a note on the Site Plan.
- This application is for a wireless 75 foot antenna tower. The applicant shall submit details of the 75 foot antenna tower. The following information shall be provided on the plan:
(a) Name and address of the property owner and the applicant;
(b) Approximate location of nearest residential structure, if applicable;
(c) Type, size and location of all proposed landscaping;
(d) A report by a New York State licensed professional engineer, documenting compliance with applicable structural standards and describing the general structural capacity of any proposed installation;
(e) A description of the proposed antenna and all related fixtures, structures, appurtenance and apparatus, including height above grade, materials, color and lighting;
(f) A description of the antenna’s function and purpose;
(g) The make, model and manufacturer of the antenna;
(h) The frequency, modulation and class of service;
(i) Transmission and maximum effective radiated power, and
(j) Direction of maximum lobes and associated radiation and compliance with FCC Regulations.
- A report from a New York State Licensed professional engineer, documenting compliance with applicable structural standards and compliance with all NYS codes, rules and regulations.
- Rockland County Department of Planning had the following comments which are incorporated herein as conditions of approval:
- A review must be completed by the County of Rockland Department of Highways and any concern addressed and all required permits obtained.
- This application provides a brief project narrative regarding the antenna and shed. The Town Planning Board must ensure that the proposal meets the appropriate requirements for a wireless telecommunication facility, Section 8.15 of Chapter 43.
PB #18-09: Skae Site Plan and Wireless Permit #46014
Antenna Special Permit and Final Site Plan
Approval Subject to Conditions
February 28, 2018
Town of Orangetown Planning Board Decision
Page 4 of 6
- Rockland County Highway Department offered the following comments;
- It appears that the vehicles accessing the site for operation and maintenance purposes in the future shall be using the existing ingress and egress driveways on Blaisdell Road. The applicant shall verify the existing driveway will accommodate the largest maintenance vehicles serving the site. No other accesses shall be used without the approval of Rockland County Highway Department.
- No construction activities on site shall begin without a Rockland County Highway Department Work Permit.
- The Rockland County Department of Health reviewed the information and based on the information provided, there are no Rockland County Health Department approvals needed for this project.
- 9. 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.
- All of the conditions of this decision, shall be binding upon the owner of the subject property, its successors and/or assigns, including the requirement to maintain the property in accordance with the conditions of this decision and the requirement, if any, to install improvements pursuant to Town Code §21A-9. Failure to abide by the conditions of this decision as set forth herein shall be considered a violation of Site Plan Approval pursuant to Town Code §21A-4.
- The 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.
- All reviews and approvals from various governmental agencies must be obtained prior to stamping of the Site Plan.
- TREE PROTECTION: The following note shall be placed on the site plan:
The Tree Protection and Preservation Guidelines adopted pursuant to Section 21-24 of the Land Development Regulations of the Town of Orangetown will be implemented in order to protect and preserve both individual specimen trees and buffer area with many trees. Steps that will be taken to preserve and protect existing trees to remain are as follows:
- No construction equipment shall be parked under the tree canopy.
- There will be no excavation or stockpiling of earth underneath the trees.
- Trees designated to be preserved shall be marked conspicuously on all sides at a 5 to 10 foot height.
- 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.
PB #18-09: Skae Site Plan and Wireless Permit #46014
Antenna Special Permit and Final Site Plan
Approval Subject to Conditions
February 28, 2018
Town of Orangetown Planning Board Decision
Page 5 of 6
Continuation of Condition #13…
- Drip line of the Tree Canopy. The method chosen should be based on providing the maximum protection zone possible. A barrier of snow fence or equal is to be placed and maintained one yard beyond the established tree protection zone. If it is agreed that the tree protection zone of a selected tree must be violated, one of the following methods must be employed to mitigate the impact:
- Light to Heavy Impacts – Minimum of eight inches of wood chips installed in the area to be protected. Chips shall be removed upon completion of work.
- Light Impacts Only – Installation of ¾ inch of plywood or boards, or equal over the area to be protected.
The builder or its agent may not change grade within the tree protection zone of a preserved tree unless such grade change has received final approval from the Planning Board. If the grade level is to be changed more than six (6) inches, trees designated to be preserved shall be welled and/or preserved in a raised bed, with the tree well a radius of three (3) feet larger than the tree canopy.
- 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.
- 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.
- The contractor’s trailer, if any is proposed, shall be located as approved by the Planning Board.
PB #18-09: Skae Site Plan and Wireless Permit #46014
Antenna Special Permit and Final Site Plan
Approval Subject to Conditions
February 28, 2018
Town of Orangetown Planning Board Decision
Page 6 of 6
- If the applicant, during the course of construction of any required public improvements or private sanitary or storm sewer improvements, 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 (or the applicant’s engineer) shall submit their recommendations as to the special treatment or design modification 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 (applicants’ engineer’s) recommendations to correct the condition(s), or order a modification thereof. In the event of the applicant’s (applicants engineer’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. Federal Wetlands – U.S. Army Corps of Engineers).
- Permanent vegetation cover of disturbed areas shall be established on the site within thirty (30) days of the completion of construction.
- 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
- The Planning Board shall retain jurisdiction over lighting, landscaping, signs and refuse control.
The foregoing Resolution was made and moved by Stephen Sweeney and seconded by Kevin Garvey and carried as follows: Kevin Garvey, aye;
Blythe Yost, absent; William Young, Vice Chairman, aye; Michael Mandel, aye; Thomas Warren, absent; Robert Dell, 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: February 28, 2018
Cheryl Coopersmith
Chief Clerk Boards and Commissions
Town of Orangetown Planning Board
PB#18-10: Linen Choice Site Plan Permit #50133
Final Site Plan Approval
Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 1 of 9
TO: Donald Brenner, 4 Independence Avenue, Tappan, New York
FROM: Orangetown Planning Board
RE: Linen Choice Site Plan: The application of Aluf Real Property, Inc., owner, for Final Site Plan Review a site known as “Linen Choice Site Plan”, in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown, Chapter 21A of the Code of the Town of Orangetown. The site is located at 57 North Troop Road/Glenshaw Street, Orangeburg, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 70.18, Block 2, Lot 17 in the LI zoning district.
Heard by the Planning Board of the Town of Orangetown at a meeting held
Wednesday, February 28, 2018, the Board made the following determinations:
Donald Brenner and Jesse Cokeley appeared and testified.
The Board received the following communications:
- Project Review Committee Report dated February 21, 2018.
- An interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by Jane Slavin, R.A., A.I.A., Director, dated February 27, 2018.
- An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated February 23, 2018.
- A letter from the Rockland County Department of Planning, from Douglas Schuetz, Acting Commissioner of Planning, dated February 28, 2018.
- A letter from Rockland County Department of Health, signed by Elizabeth Mello, P.E., Senior Public Health Engineer, dated February 7, 2018.
- A copy of a letter to the property owner, Aluf Real Property, Inc., from Rockland County Department of Health, signed by Elizabeth Mello, P.E., Senior Public Health Engineer, dated February 15, 2018.
PB#18-10: Linen Choice Site Plan Permit #50133
Final Site Plan Approval
Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 2 of 9
- A letter from Maser Consulting dated January 26, 2018, signed by Jesse Cokeley, P.E., Project Manager.
- Site Plans, prepared by Maser Consulting, dated April 21, 2017, last revised January 26, 2018:
Sheet 1 of 22: Cover Sheet
Sheet 2 of 22: Existing Conditions Plan
Sheet 3 of 22: Overall Layout Plan
Sheet 4 of 22: Layout Plan – North
Sheet 5 of 22: Layout Plan – South
Sheet 6 of 22: Grading & Drainage Plan – North
Sheet 7 of 22: Grading & Drainage Plan – South
Sheet 8 of 22: Utilities Plan – North
Sheet 9 of 22: Utilities Plan – South
Sheet 10 of 22: Landscape Plan
Sheet 11 of 22: Lighting Plan
Sheet 12 of 22: Soil Erosion & Sediment Control Plan
Sheet 13 of 22: Storm Sewer Profiles
Sheet 14 of 22: Storm Sewer Profiles
Sheet 15 of 22: Storm Sewer Profiles
Sheet 16 of 22: Sanitary Sewer Profile
Sheet 17 of 22: Construction Details
Sheet 18 of 22: Construction Details
Sheet 19 of 22: Construction Details
Sheet 20 of 22: Construction Details
Sheet 21 of 22: Construction Details
Sheet 22 of 22: Construction Details
- Building Permit Referral dated October 8, 2001, signed by Lenny Post, Building Inspector.
- Copies of the following Board Decisions: ACABOR #17-45, Approved as Presented, dated January 18, 2018; ZBA #17-74, Street Frontage and outdoor Loading Berths, Variances Approved as Modified and 280-a Exception Variance Granted, dated December 6, 2017 and PB #17-32, Preliminary Site Plan Approval Subject to Conditions/ Neg. Dec., dated July 12, 2017.
- Submitted by Allison Sullivan at the meeting, information entitled “New Jersey Department of Health and Senior Services, Hazardous Substance Fact Sheet”, dated May 1998, revised December 2005.
PB#18-10: Linen Choice Site Plan Permit #50133
Final Site Plan Approval
Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 3 of 9
The Board reviewed the plans. The hearing was then opened to the Public.
Public Comment:
Allison Sullivan, Blauvelt resident, raised concerns regarding the number of trucks coming onto the site. Ms Sullivan also discussed the air quality in Blauvelt due to other commercial uses in the area, noting that there is currently an ongoing study. She requested that the Board delay its decision until the air quality reports are returned, and submitted information entitled “New Jersey Department of Health and Senior Services, Hazardous Substance Fact Sheet”, dated May 1998, revised December 2005.
Heather Hurley, Pearl River resident, requested information regarding the current violations on the site.
There being no one else from the Public, a motion was made to close the Public Hearing portion of the meeting by Kevin Garvey and seconded by Michael Mandel and carried as follows: Kevin Garvey, aye; Blythe Yost, absent; Michael Mandel, aye; William Young, Vice Chairman, aye; Robert Dell, aye; Thomas Warren, absent and Stephen Sweeney, aye.
DECISION: In view of the foregoing and the testimony before the Board, the application was granted Final Site Plan Approval Subject to the Following Conditions:
- 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”.
- 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.
- The applicant shall comply with all pertinent and applicable conditions of previous Board Decisions: ACABOR #17-45, Approved as Presented, dated January 18, 2018; ZBA #17-74, Street Frontage and outdoor Loading Berths, Variances Approved as Modified and 280-a Exception Variance Granted, dated December 6, 2017 and PB #17-32, Preliminary Site Plan Approval Subject to Conditions/ Neg. Dec., dated July 12, 2017.
PB#18-10: Linen Choice Site Plan Permit #50133
Final Site Plan Approval
Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 4 of 9
- All outdoor construction activities, including site clearing operations if applicable, shall take place between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. No such activities shall take place on Sunday or a legal holiday. The same criteria shall apply to indoor construction activities, except that such activities may take place between the hours of 7:00 a.m. and 10:00 p.m.
- There shall be no disturbance within 60 feet of the center portion of the Northern property line. If retaining walls are proposed, then the applicant shall reappear at ACABOR, or do slope stabilization (rip-rap).
- Twelve foot wide maintenance access paths shall be provided around both “above” ground detention systems. The paths shall extend to reach the bioretention areas, forebay, micro pools, safety bench, outlet structures, etc. These paths shall be shown on the drawings and described in the SWPPP.
- It appears that the existing stream/ drainage ditch (which runs along the northwest portion of the property) is being proposed to be “piped in”. The applicant’s engineer shall consider reducing the north western portion that is now proposed to be piped (134LF) and replacing with even more open channel. DME is in agreement with the applicant’s engineer’s narrative of July 5, 2017, in that relocating the existing stream/ ditch, with a portion of it being open channel, is preferred and in keeping with the NYSSMDM intent and recommendation for Green Infrastructure. The applicant and the applicant’s engineer is advised that in order to relocate/ pipe in a stream/ ditch/ swale, the applicant must apply to the Town of Orangetown Town Board for a Water Course Diversion Permit to do such work (Chapter 41 of the Town Code. It is understood that a previous application for this same site received a permit to pipe in the entire stream through the site. The current design is much preferred.) As part of that application, the applicant’s engineer shall provide drainage calculations to show that the proposed piping can accommodate/ carry the 100 year storm, analyze the effects (negative and positive) both upstream and downstream that piping the stream may cause/ create, show by calculation and drawing the effect of removal of the natural floodway will effect this site and downstream properties, etc.
- Fixed sediment markers shall be added to the detention basins. A detail for same clearly showing actual heights at which sediment is to be removed for each individual basin, shall be added to the drawings.
- Soil borings, perc tests and determination of groundwater elevations shall be performed at all proposed “above” ground and underground drainage detention systems. These tests/ investigations shall be performed in the spring when the ground water tables typically at its highest. DEME and the Building Department shall be notified when this work is to be done so that the test can be witnessed. This shall be done prior to this proposal receiving Final approval.
PB#18-10: Linen Choice Site Plan Permit #50133
Final Site Plan Approval
Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 5 of 9
- Sanitary calculations for the proposed site, prepared and sealed by a New York State Licensed Professional Engineer shall be submitted to DEME for review and approval.
- The applicant’s engineer shall supply an updated SWPPP for the project.
- The cross section through the north basin, shown on drawing 20 of 22, appears to show an inflow pipe above (from an elevation perspective), the outlet structure. However, no inflow piping sis shown on the drainage plan for that area, drawing 6 of 22. The applicant’s engineer shall look into this and correct as required.
- The proposed fencing for the north basin shall be placed outside of the proposed maintenance access paths.
- The applicant’s engineer’s response letter, item #21, states that a safety bench is not required on the north basin (pocket pond) because the slopes are 4:1. However, in scaling the slopes on the drawing (6 of 22) the slopes for the forebay scale off at 3:1 and 3.3:1 for the micropool. Therefore, because the slopes are steeper than 4:1, a safety bench is required.
- The outlet configuration for the existing Town Stormwater Detention Basin, to the northwest of the proposed site appears to be incorrect. The applicant’s engineer shall field verify this outlet system with an engineering representative from the DEME.
- Because the drainage plan shows improvements being implemented on Town of Orangetown property, just beyond the northwest corner of the project site, the applicant shall obtain written permission from the Town Highway Department to perform said work. A note shall be added to the plans stating that the contractor shall notify the Town of Orangetown Highway Department at least 48 hours prior to any construction on Town land, to ensure property inspections.
- The applicant’s engineer’s response letter, dated January 26, 2018, item #28, implies that the requested inspection/ maintenance access manhole locations for the underground stormwater system and their corresponding details shall be supplied by contractor through shop drawings prior to construction. This is insufficient. Inspection/ maintenance access manholes shall be shown on the plans for both underground stormwater systems and details for said manholes shall also be made a part of the drawings.
- Some storm sewer profiles are missing from the drawings (e.g. MH S-30 to unnumbered headwall, north drainage line through north subsurface infiltration basin, numerous stormceptor bypass systems, profiles through open basin including OCS chambers, etc.)
PB#18-10: Linen Choice Site Plan Permit #50133
Final Site Plan Approval
Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 6 of 9
- The volume being held for each specified design storm listed on the profiles for the north and south basin, shall be added to the details.
- Details for the proposed stormceptor systems shall be added to the drawings.
- The SESC plans shall be “blown up” and shown on at least two drawings, as was done for the drainage and grading plans and utility plans, for ease of review.
- Rockland County Department of Planning had the following comments which are incorporated herein as conditions of approval:
- The comments in the February 7, 2018 letter from the Rockland County Department of Health must be addressed.
- An updated review must be completed by the Rockland County Department of Highways and all concerns addressed and all required permits obtained.
- Since the parcel to the north is owned by Suez, and contains public water –related appurtenances, a review must be completed by them, and any concerns addressed.
- 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
- The Rockland County Department of Health (RCDOH), Environmental Health Program reviewed the submission provided the following comments:
– The Rockland County Department of Health must approve plans for the sewage disposal per Article IV, Section 4.2.1 of the Rockland County Sanitary Code. Formal application is to be made.
- Based upon Rockland County Drainage Agency (RCDA) evaluation of available mapping and information submitted, the referenced parcel is outside the jurisdiction of the RCDA. Therefore, a permit from the RCDA pursuant to the Rockland County Stream Control Act is not required. However, as an interested and involved agency pursuant to SEQRA, the RCDA offers the following comment(s) regarding the above referenced proposal basined on the information submitted:
- Adequate pretreatment for bioretention systems should incorporate all of the following: (a) grass filter strip below a level spreader or grass channel, (b) gravel diaphragm and (c) a mulch layer. Please have the applicant / consultant provide the required pre-treatments for stormwater runoff directed into the proposed bioretention basins, as required by section 6.4 of the New York State Stormwater Management Design Manual.
- The perimeter of all deep pool areas (four feet or greater in depth) shall be surrounded by an aquatic bench. Please have the applicant/ consultant provide an aquatic bench, average 15 feet wide and 12-18” height, for all proposed ponds with permanent pool depth of four feet or greater, as required by section 6.1 of the New York State Stormwater Management Design Manual.
PB#18-10: Linen Choice Site Plan Permit #50133
Final Site Plan Approval
Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 7 of 9
- The Town of Orangetown Bureau of Fire Prevention (Bureau) had the following, which are incorporated herein as conditions of approval and must be placed on the Site Plan as notes:
- Install an NFPA 13 Compliant Fire Sprinkler system, Engineered for the entire proposed square footage and commodity it is protection with plans and design submitted for approval from the Bureau before sprinkler work begin. Maintained as per NFPA 25.
- Install and NFPA 72 Compliant Fire Alarm system connected to Rockland County 44-Control. With plans, calculations, and cut sheets submitted to the Bureau for approval before fire alarm work begins. With Red and Amber strobes as per Orangetown Code.
- Provide portable Fire Extinguishers as per NFPA 10.
- Emergency lighting and Exit lighting as per NEC.
- Carbon Monoxide Detectors as per NFPA 720.
- Apply for and maintain a Certificate of Compliance Fire Safety with the Bureau, pay for a Hazardous Materials Permit, if applicable.
- Provide Private Hydrants around access road around building.
- Provide Key box location to be determined.
- Show No Parking/Fire Lanes on the Final Approved Site Plan.
- 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.
- All reviews and approvals from various governmental agencies must be obtained prior to stamping of the Site Plan.
- 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.
PB#18-10: Linen Choice Site Plan Permit #50133
Final Site Plan Approval
Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 8 of 9
- 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:
- No construction equipment shall be parked under the tree canopy.
- There will be no excavation or stockpiling of earth underneath the trees.
- Trees designated to be preserved shall be marked conspicuously on all sides at a 5 to 10 foot height.
- 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 ¾ inch of plywood or boards, or equal over the area to be protected.
The builder or its agent may not change grade within the tree protection zone of a preserved tree unless such grade change has received final approval from the Planning Board. If the grade level is to be changed more than six (6) inches, trees designated to be preserved shall be welled and/or preserved in a raised bed, with the tree well a radius of three (3) feet larger than the tree canopy.
- 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.
- 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.
PB#18-10: Linen Choice Site Plan Permit #50133
Final Site Plan Approval
Subject to Conditions
Town of Orangetown Planning Board Decision
February 28, 2018
Page 9 of 9
- The contractor’s trailer, if any is proposed, shall be located as approved by the Planning Board.
- If the applicant, during the course of construction of any required public improvements or private sanitary or storm sewer improvements, 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 (or the applicant’s engineer) shall submit their recommendations as to the special treatment or design modification 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 (applicants’ engineer’s) recommendations to correct the condition(s), or order a modification thereof. In the event of the applicant’s (applicants engineer’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. Federal Wetlands – U.S. Army Corps of Engineers).
- Permanent vegetation cover of disturbed areas shall be established on the site within thirty (30) days of the completion of construction.
- 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
- The Planning Board shall retain jurisdiction over lighting, landscaping, signs and refuse control.
The foregoing Resolution was made and moved by Kevin Garvey and seconded by Michael Mandel and carried as follows: Kevin Garvey, aye;
Blythe Yost, absent; Michael Mandel aye; William Young, Vice Chairman, aye; Stephen Sweeney, aye; Robert Dell, aye and Thomas Warren, absent.
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: February 28, 2018
Cheryl Coopersmith
Chief Clerk Boards and Commissions
Town of Orangetown Planning Board