Planning Board June 26, 2019

Meeting of June 26, 2019

Town of Orangetown Planning Board

 

MEMBERS PRESENT: Thomas Warren, Chairman

William Young, Vice-Chairman                Stephen Sweeney

Michael Mandel                                           Bruce Bond

Michael McCrory

 

MEMBERS ABSENT: Robert Dell

 

ALSO PRESENT: Jane Slavin, Director, Office of Building, Zoning, Planning Administration and Enforcement; Rick Pakola, Deputy Town Attorney; Ann Marie Ambrose, Stenographer and Cheryl Coopersmith, Chief Clerk Boards and Commissions

 

Thomas Warren, Chairman, called the meeting to order at 7:30 p.m.

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

 

Continued Item from the June 12, 2019 Meeting:

Little Bucs Youth Sport                                                                            PB #19-01

Training Field Grading Site Plan and                Granted Conditional

Conditional Use Permit                                        Use Permit and Final

Prepreliminary/Preliminary Final Site Plan,        Site Plan Approval Subject

Conditional Use Permit and SEQRA Review     to Conditions/ Neg. Dec.

215 & 245 and 247& 257 Oak Tree Road, Tappan

77.15/1/31 and 77.20/1/1; LIO zoning district

 

New Items:

Bergson Subdivision Plan                                                                      PB #19-39

Palisades Historic District                                       Granted Second

Request for a Second 90 Day                               90 Day Extension

Extension to File the Subdivision

with Rockland County Clerk’s Office

56 Woods Road, Palisades,

78.18/1/3.1 & 3.2; R-80 zoning district

 

622 Route 303 Subdivision Amendment Plan                                    PB #19-40

(Golden Crust Rockland)                                     Granted Two 90

Request for Two 90 day Extensions to                Day Extensions

File the Subdivision Amendment with

the Rockland County Clerk’s Office

622 Route 303, Blauvelt

65.14/1/11.3; LI/LIO zoning district

 

1044 Route 9W Site Plan                                                                          PB #19-41

Critical Environmental Area                                   Final Site Plan

Prepreliminary/ Preliminary/ Final Site Plan       Approval Subject

and SEQRA Review                                               to Conditions

1044 Route 9W, Nyack                                           Neg. Dec.

71.09/1/30.1; R-22 zoning district

 

 

 

 

 

 

 

 

 

 

 

 

 

Meeting of June 26, 2019

Town of Orangetown Planning Board

 

 

Davidson Parking Site Plan                                                                    PB #19-42

Route 303 Overlay zone                                         Continued: Revise

Prepreliminary/ Preliminary/ Final Parking         Plans

Site Plan Review and SEQRA

606 Route 303, Blauvelt

70.10/3/1; LIO zoning district

 

Other Business:

1. Town Board Referral – Zone Change Request: 268 North Middletown Road, Pearl River; 69.09-1-1, currently CC zone, change to R-15 zone.

 

The Board reviewed the request and consented to the Town Board to act as Lead Agency.  The Board had the following comments:

• Access to the property should be off of Manor Boulevard.
• The front of the house should be oriented toward Manor Boulevard.

 

2. Maloney Minor Subdivision, PB #16-73, Preliminary Subdivision Approval, dated June 27, 2017: Request to Waive ACABOR Review.

The applicant requested the Board to waive appearance/approval from the Town of Orangetown Architecture and Community Appearance Board of Review since there will be no new construction at this time on the newly created lot.

 

A motion was made to waive the need to appear in front of the Town of Orangetown Architecture and Community Appearance Board of Review by Stephen Sweeney and second by Michael Mandel and carried as follows: Thomas Warren – Chairman, aye; William Young – Vice Chairman, aye; Robert Dell, absent; Bruce Bond, aye; Michael McCrory, aye; Stephen Sweeney, aye and Michael Mandel, aye.

 

The decisions of the June 12, 2019 Planning Board Meeting was reviewed, edited, and approved.  The motion for adoption was made and moved by Bruce Bond and seconded by Michael Mandel and carried as follows: Thomas Warren – Chairman, aye; William Young – Vice Chairman, aye; Robert Dell, absent; Bruce Bond, aye; Michael McCrory, aye; Stephen Sweeney, aye and Michael Mandel, aye.

 

Since there was no further business to come before the Board, a motion to adjourn the meeting was made by Bruce Bond and seconded by Michael Mandel and agreed to by all in attendance. The meeting was adjourned at 8:30 p.m.  The next Planning Board meeting is scheduled for July 17, 2019.

 

DATED: June 26, 2019

Cheryl Coopersmith

Chief Clerk Boards and Commissions

Town of Orangetown Planning Board

 

 

 

 

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 1 of 22

 

TO:                 Joseph Chiappa, 11 North John Street, Pearl River, New York 10965

FROM:           Orangetown Planning Board

 

RE:                 Little Bucs Youth Sport Training Field Grading Site Plan and Conditional Use Permit: The application of Little Bucs Gridiron Football League, owner, for Prepreliminary/ Preliminary/ Final Grading Site Plan Review and a Conditional Use Permit, at a site to be known as “Little Bucs Youth Sport Training Field Grading Site Plan and Conditional Use Permit” in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown, Chapter 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 215 & 245 and 247& 257 Oak Tree Road, Tappan, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 77.15, Block 1, Lot 31 and Section 77.20, Block 1, Lot 1 in the LIO zoning district.

 

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

Wednesday, January 9, June 12 & 26, 2019, the Board made the following determinations:

 

January 9, 2019

Joseph Chiappa and Tim Caulfield appeared and testified.

The Board received the following communications:

1. Project Review Committee Report dated January 6, 2019.
2. An Interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement (OBZPAE), Town of Orangetown, signed by Jane Slavin, R.A., AIA, Director, dated January 2, 2019.
3. Interdepartmental memorandums from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated December 14, 2018 and Eamon Reilly, P.E., Commissioner DEME, dated December 14, 2018.

4. A letter from Brooker Engineering, signed by Kenneth DeGennaro, P.E., dated December 27, 2018.

5. A letter from the Rockland County Department of Planning, signed by Douglas Schuetz, Acting Commissioner of Planning, dated January 9, 2019.

6. A letter from the Rockland County Highway Department, signed by Dyan Rajasingham dated December 11, 2018.

7. Letters from the Rockland County Department of Health, signed by Elizabeth Mello, P.E., Senior Public Health Engineer, dated December 31, 2018.

8. A letter from the Rockland County Sewer District, signed by Joseph LaFiandra, Engineer II, dated January 3, 2018.
9. A letter from the Town of Orangetown Zoning Board of Appeals, signed by Daniel Sullivan, Chairman, dated December 5, 2018.
10. A letter from the Rockland County Drainage Agency, signed by Vincent Altieri, Executive Director dated December 27, 2018.

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 2 of 22

 

 

11. A letter from the New York State Department of Environmental Conservation, Division of Environmental Permits, Region 3, signed by Sarah Pawliczak dated December 21, 2018.
12. An email from the Borough of Rockleigh New Jersey, dated December 17, 2018 from Robert Schaffer, Mayor and a copy of an email from Gregory Polyniak, P.E., P.P., CME, CPWM, Principal – Vice President, Neglia Engineering Associates to Marcella Campiccolo, Borough of Rockleigh, dated December 11, 2018.

13. A Short Environmental Assessment Form, signed by Joseph Chiappa, dated December 4, 2018.
14. A report entitled Little Bucs Football Field Development Project, dated December 4, 2018.
15. Site Plans prepared by Joseph Chiappa A., P.E., dated November 28, 2018:

• Sheet 1 of 4: Topographical Map/ Grading Plan
• Sheet 2 of 4: Erosion Control Plan
• Sheet 3 of 4: Planting & Screening Details
• Sheet 4 of 4: Bulk Requirements & Details

16. Emails of support received from the following: Nicole Garbutt and Sarah Kukla dated June 10, 2019 Michael Holder and Sabrina Piscitelli, dated June 11, 2019.

 

 

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

 

Public Comment:

James Blais, a representative of Tennessee Gas Pipeline Company, raised concerns that the proposed site improvements may impact and damage their easement. The plan proposes erosion controls to cross the easement and evergreen trees are proposed in and around the pipe and easement. Mr. Blais requested that the proposed trees and erosion controls that cross the easement be removed from the plan.

 

Larry Bucciarelli, 700 Oak Tree Road, Tappan, expressed concerns regarding the proposed development of the site and impact on area drainage.

 

The applicant requested a CONTINUATION.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 3 of 22

 

 

June 12, 2019

Joseph Chiappa, Jerry Schwalbe and Tim Caulfield appeared and testified.

The Board received the following communications:

1. Project Review Committee Report dated June 5, 2019.
2. An Interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement (OBZPAE), Town of Orangetown, signed by Jane Slavin, R.A., AIA, Director, dated June 11, 2019.
3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated June 6, 2019.

4. Letters from Brooker Engineering, signed by Kenneth DeGennaro, P.E., dated June 11 & 12, 2019.

5. A letter from the Rockland County Department of Planning, signed by Douglas Schuetz, Acting Commissioner of Planning, dated June 11, 2019.

6. A letter from the Borough of Rockleigh New Jersey, dated May 30, 2019 signed by Robert Schaffer, Mayor and a copy of an email from Gregory Polyniak, P.E., P.P., CME, CPWM, Principal – Vice President,       Neglia Engineering Associates to Marcella Campiccolo, Borough of Rockleigh, dated May 24, 2019.

7. A letter from New York State Division of Historic Preservation, Parks, Recreation, and Historic Preservation, signed by Michael Lynch, PE, AIA, dated April 10, 2019.
8. A Full Environmental Assessment Form (FEAF), signed by Joseph Chiappa, dated April 12, 2019, revised June 12, 2019.
9. A letter from Divney, Tung, Schwalbe, signed by Gerhard Schwalbe, P.E., Partner, dated April 15, 2019.
10. A Stormwater Pollution Prevention Plan prepared by Divney, Tung, Schwalbe, dated March, 2019.
11. Site Plans prepared by Divney, Tung, Schwalbe, dated April 11, 2019:

• Sheet 1 of 6: Right of Way Map
• Sheet 2 of 6: Topographical Map
• Sheet 3 of 6: Grading Plan
• Sheet 4 of 6: Cross Sections
• Sheet 5 of 6: Erosion Control Plan
• Sheet 6 of 6: Planting & Screening Details

 

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

 

 

 

 

 

 

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 4 of 22

 

 

Public Comment:

Michael Holder, 787 Bradley Parkway, Blauvelt; Supported the project and understands the drainage and environmental concerns of the Board.  He noted that the proposed use would enhance the neighborhood and the community.

 

Phil Donnelly, resident of Orangetown, held that the proposed use of the site would enhance the community.

 

James Blake, a representative of the Tennessee Gas Pipeline Company; requested that the plantings proposed for their easement be removed from the plans.

 

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

 

The applicant requested a CONTINUATION.

 

June 26, 2019

Robert Rononol appeared and testified for the applicant.

The Board received the following communications:

1. Project Review Committee Report dated June 19, 2019.
2. An Interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement (OBZPAE), Town of Orangetown, signed by Jane Slavin, R.A., AIA, Director, dated June 25, 2019.
3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated June 20, 2019.

4. A copy of a letter to Joseph Chiappa from the Rockland County Drainage Agency, signed by Vincent Altieri, Executive Director dated June 11, 2019.
5. An Interdepartmental memorandum from the Bureau of Fire Prevention, Town of Orangetown, signed by Michael Bettmann, Chief Fire Safety Inspector, dated June 20, 2019.
6. A letter from Orange & Rockland Utilities, Inc., signed by Eric Grumm, Real Estate Analyst, dated June 21, 2019.
7. A letter from the Borough of Rockleigh, New Jersey, signed by Mayor Robert Schaffer, dated June 24, 2019.

 

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

 

 

 

 

 

 

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 5 of 22

 

 

Public Comment:

Lori Peek, 262 Washington Str. Tappan, on behalf of Sparkill Creek Watershed Alliance, noted that she was up and down on Oak tree Road and it seems like a shame to fill in wetlands on a site to be used one day a week.  She held that if fields are grass and not the current shrubs that soak up the water, there will be increased flooding. Ms Peek questioned why the applicant cannot find another site.

 

Michael Andrea, 32 Arthur Street, Blauvelt, also a member of the Town of Orangetown Environmental Committee, noted that the area is prone to flooding.

Mr. Andrea wanted to know the amount of proposed runoff into the Sparkill Creek and surrounding area, and if the Town takes drainage into consideration.

 

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

 

The proposed action is classified as an “unlisted action” as defined by Section 617.2 (ak) of the New York State Environmental Quality Review Regulations (SEQRR). No agency, other than the Orangetown Planning Board will have any significant involvement in the review process, pursuant to Section 617.6 of SEQRA. On motion by Michael Mandel and seconded by Bruce Bond and carried as follows Thomas Warren, Chairman, aye; William Young, Vice Chairman, aye; Michael Mandel, aye; Stephen Sweeney, aye; Robert Dell, absent; Michael McCrory, aye and Bruce Bond, aye, the Board declared itself Lead Agency.

 

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

 

 

 

 

 

 

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 6 of 22

 

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 Divney, Tung, Schwalbe and having heard from the following offices, officials and/or Departments: (Town of Orangetown): The Office of Building, Zoning, Planning Administration and Enforcement and Department of Environmental Management and Engineering; and having heard from the following involved and interested agencies; Rockland County Department of Highway, Rockland County Department of Health, Rockland County Sewer District #1, Town of Orangetown Zoning Board of Appeals and New York State Department of Environmental Conservation, 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

 

 

 

 

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 7 of 22

 

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

 

CONDITIONAL USE PERMIT

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

 

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

 

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

 

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

 

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

 

The foregoing Resolution was made and moved by Bruce Bond and second by William Young and carried as follows: Thomas Warren – Chairman, aye; William Young, Vice-Chairman, aye; Michael Mandel, nay; Stephen Sweeney, aye; Bruce Bond, aye; Robert Dell, absent and Michael McCrory, aye.

 

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

 

1. The following note shall be placed on the Site Plan: “At least one week prior to the commencement of any work, including the installation of erosion control devices or the removal of trees and vegetation, a Pre-construction meeting must be held with the Town of Orangetown Department of Environmental Management and Engineering, Superintendent of Highways and the Office of Building, Zoning and Planning Administration and Enforcement. It is the responsibility and obligation of the property owner to arrange such a Meeting.”

 

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 8 of 22

 

 

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

 

3. 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.

 

4. The Bureau of Fire Prevention had the following comment:

Any off street parking or pull off areas must be stabilized to support an Emergency Vehicle; 75,000 lbs.

 

5. If artificial turf is proposed to be used on the site now and in the future, the applicant must return to the Town of Orangetown Planning Board for Site Plan review.

 

6. The Director of the Town of Orangetown Office of Building, Zoning, Planning Administration and Enforcement offered the following comments:

1. The Full Environmental Assessment Form is completed.
2. Orange and Rockland Utilities letter dated June 21, 2019, indicates that they have no objection to the application.
3. The Borough of Rockleigh letter dated June 24, 2019 indicates that review and approval by the Borough Planning Board is not required as there will be no proposed construction activity in Rockleigh and the use of the Crestron parking lot will not require review.
4. A revised stockpiling plan was to be submitted by the applicant to OBZPAE in reference to the Rockland County Drainage Agency (RCDA) comments; however the revised drawing has not been received.  The applicant is reminded that no fill material can be placed onsite until RCDA approval is received and a revised drawing is submitted and reviewed by OBZPAE.
5. The Applicant must complete and submit a Floodplain Permit Application to OBZPAE.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 9 of 22

 

 

7. Table 3.11 column 4, Conditional Uses by the Planning Board, number 9, “Individual fitness and training center, as provided in 8.16.” and USE is defined as “The term employed to refer to any purpose for which buildings or other structures or land may be occupied.”

 

• Applicant is proposing to utilize the site for fields for a youth football league.  No structures are proposed, no lighting is proposed and the fields are to be delineated with cones.

 

8. Details shall be submitted for the security gate and the netting system.

 

9. The accessible/ emergency vehicle access currently exists. Is striping proposed?

 

10. The applicant is advised that they must obtain and provide approval from all referral agencies and a Final planning board stamped approved site plan is required prior to issuance of a building permit. No work can begin.

 

11. The SWPPP supplied is under review by DEME. However, a cursory review of the SWPPP has revealed a number of deficiencies:

1. DEME recommends that all pages, in Section l and ll, be numbered.
2. The total area of disturbance shall be stated in the introduction, as well as drawings 1 through 5.
3. The proposed green infrastructure practice(s) proposed shall be spelled out in the introduction.
4. The drainage calculations with accompanying hydrographs, used to determine tables 3 and 4 in the SWPPP shall be added to the SWPPP.
5. Large scale drainage area maps shall be added to the SWPPP.
6. An appendix shall be added to the SWPPP for all of the proposed SESC features, in accordance with the NYS Standards and Specification for Erosion and Sediment Control (Nov. 2016).
7. An appendix shall be added to the SWPPP for “During Construction” SESC checklists, in accordance with Appendix F of the NYSDEC-SMDM.
8. Separation tabs shall be added to the SWPPP to divide the different sections and appendices.
9. The appendices shall be listed in the Table of Contents.

 

12. The drainage calculations supplied are under review by DEME.

 

13. Item #5, page 12 of the SWPPP describes the fact that the project is along a section of the Sparkill Creek that is on the NYSDEC 303d list of impaired waters (for pathogens and dissolved oxygen), and the strategies that will be used during and after construction in this TDML watershed area. However, drawing number 3 and 6 listed the Sparkill Creek but states that it is non-protected. Drawing #3 shall note that the Sparkill Creek is in a TDML watershed (replacing the words – non protected.)

 

 

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 10 of 22

 

 

14. Copies of all correspondence, including any and all approvals, with the New York State Department of Environmental Conservation, U.S. Army Corps of Engineers, the Rockland County Drainage Agency, etc., in connection with this proposed site plan, shall be supplied to the Planning Board and DEME, prior to signing the map. (For example – NYSDEC letter of December 21, 2018 –not received by DEME.)

 

15. The project description on the Land Use Board application does not state that any filling of the project site will take place. However, it appears from the drawings that filling of up to 7 feet is to happen on the site. The project description in the Land Use Board Application (and in the required SWPPP) shall clearly state that filling of the property is proposed and how much fill is being proposed.

 

16. The answer to question #B-g on the Full Environmental Assessment Form is incomplete. The answer should be “Yes” because at a minimum, the applicant will need signoff/ permit/ approval from FEMA is also required, as some of the proposed clearing is taking place within FEMA – Floodway and clearing/ filing regrading taking place with the FEMA – Special Flood Zone (as depicted on FEMA FIRM panels 36087C0189G and 36087C0193G.)  Also, a Jurisdictional Determination shall be made by the US Army Corp. of Engineers.

 

17. The drawings shall accurately label the FEMA’s Special Flood Hazard Zone and the 100 yr. flood zone (as the 100 yr. flood zone) on all of the drawings.

 

18. Some of the proposed grading does not “tie” back into the existing grades. This shall be corrected.

 

19. The proposed accessible/ emergency vehicle access (and presumably turn around area – as spelled out in the SWPPP) shall be paved. A detail for same shall be added to the drawings.

 

20. Drainage Review Recommendation – Brooker Engineering:

The applicant has proposed modification of the grading and drainage plan on the property to maintain the existing floodplain storage on site and stormwater Best Management Practices to mitigate impacts to stormwater quality and quantity.  Potential significant adverse impacts with respect to drainage and flooding can be mitigated based on the applicant’s June 12, 2019 report.  The Drainage Consultant, Brooker Engineering, therefore recommends that the Little Bucs Youth Sport Training Site Plan be approved for drainage subject to the following comments.

 

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 11 of 22

 

Continuation of Condition #20…

 

Project Description

This is the third drainage review report for this project; the last review was dated June 12, 2019. The site is located at the south side of Oak Tree Road; the Sparkill Creek flows north through the center of the site. The site has frontage along the southern property line with the Crestron complex on Volvo Drive in Rockleigh, New Jersey. The site is heavily wooded and contains wetlands and regulated floodplain areas. The proposed work consists of clearing 3.5 acres of woods, regrading and filling the area, and adding sports fields. The proposed land disturbance is located along the east side of the site outside of the wetlands but within the floodplain fringe, which is the area of the 100-year floodplain that is outside of the regulated floodway. Stormwater runoff in this area flows west toward the Sparkill Creek. No stormwater mitigation measures area proposed.

Permits are needed from the Rockland County Drainage Agency and Local Floodplain Administrator.

 

Project Comments 

1. As per the December 27, 2019 report, the 100-year floodplain elevations shall be listed on the Site Plan. The floodplain delineation has been added to the site, but the floodplain elevations shall also be added for future submissions.
2. As per the December 27, 2019 report, there appears to be an existing swale along the southern property line at the parking area to be shared with 15 Volvo Drive that will require a culvert for pedestrians. Pavement for the walking path to connect the off-site property to the proposed use shall be shown on the Site Plan.
3. It is not clear how the drainage calculations provide a lower curve number for proposed conditions given the removal of trees and brush and replacement with grass. There is no variable for grass ground cover in the Developed Conditions Curve Number Calculations contained in the SWPPP for subarea C. The calculations shall be reviewed and supporting data provided to verify the breakdown of land coverages and curve numbers contained in the calculations. As per the December 27, 2018 report, the clearing of wooded vegetation and replacement with grass and pavement will result in increased runoff from the site to the Sparkill Creek. Stormwater mitigation measures are required to provide a net decrease in peak stormwater runoff rates as a result of the project.
4. As per the December 27, 2019 report, grading along the east side of the fill area on the south side of the property creates a berm. More detail shall be provided that demonstrates stormwater runoff flowing in a westerly direction toward the Sparkill Creek can reach this culvert and not negatively impact the property to the south.

 

 

 

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 12 of 22

 

Continuation of Condition #20…

 

1. Representative cross sections through the fill area to demonstrate the fill in the floodplain fringe have been added per the previous comment. However, these cross sections shall be updated as follows:
   1. The 100-year floodplain elevation shall be added to these cross-sections.
   2. The amount of fill in the floodplain shall be added for each cross section.
   3. The Drainage Consultant recommends a compensating cut area be designed to provide a net increase in flood storage on the site. Alternately, a hydraulic analysis shall be prepared to quantify any rises in 100-year base flood elevation and determine if they impact any adjacent structures.
2. As per the December 27, 2019 report, the total limit of disturbance shall be added as a map note.
3. As per the December 27, 2019 report, a map note shall be added, “A Rockland County Drainage Agency permit is required for the proposed site plan.
4. Clearing and grading is proposed along the north side of the property between elevations 26 – 28 NAVD. There are both cuts and fills in the floodway; any work within the floodway requires a hydraulic analysis to demonstrate no increases in 100-year base flood elevations.
5. The floodplain delineation added for this submission is based on the floodplain image contained in the Flood Insurance Study. The floodplain shall be revised to be delineated according to the existing conditions topography. This will allow an accurate assessment of fill in the floodplain. It is noted that the floodway delineation as shown appears correct.
6. The drainage material included in the SWPPP indicates a reduction in impervious area of 0.83 acres to 0.58 acres. It is not clear where this is occurring; supporting information shall be provided to demonstrate the reduction in impervious areas.
7. A map note shall be added that a permit is needed from the Local Floodplain Administrator.

 

Project Comments (Supplemental Information Reviewed)

The Drainage Consultant met with the applicant and they have provided supplemental information to address increases in stormwater runoff rates and fill in the floodway and floodplain fringe. No change in grade will be performed in the Sparkill Creek floodway. The Sparkill Creek floodplain will be accurately delineated on future submissions, which will consist of the published 100-year floodplain elevations delineated on the existing conditions site topography. An excavation area on the site will be shown on the site plan which will have a volume greater than the proposed volume of any fill in the floodplain fringe. A stormwater management basin in accordance with NYSDEC practices will be utilized to offset any increases in peak runoff rates as a result of the change of ground cover from woods to grass.

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 13 of 22

 

 

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

 

• As indicated in the April 30, 2019 letter from the Rockland County Drainage Agency, the permit application has been received and is being reviewed by its staff. All requirements regarding the proposed site development and grading must be complied with.

 

• As indicated in the June 5, 2019 letter from the Rockland County Department of Health, if a stormwater management plan is required, an application must be made to them to ensure compliance with the County Mosquito Code.

 

• The Comment/Response letter dated April 15, 2019 from Divney Tung Schwalbe does not provide comments or responses to the Rockland County Planning Department’s letter dated January 9, 2019. This letter should have been included in this section as well.

 

• It is still not been clarified if the proposed use requires a Conditional Use Permit. No minutes have been received either clarifying this question.  The Zoning Ordinance for the Town of Orangetown permits individual fitness and training centers in the LIO zoning district as a conditional use permit.  The Town of Orangetown Planning Board must be assured that all criteria for a training center, as outlined in Section 8.16 of the Zoning Ordinance are met.

 

• 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.

 

• More detailed information must be provided for the accessible/ emergency vehicle access. Clarification must be provided regarding how this access/ drop-off location will be achieved. Currently, there is only a curb cut in this location, which is insufficient for vehicles to pull into/out of safely along this section of the road.  Visibility may also be an issue since this section is along the curve in the road.  In addition, a security gate is shown directly in front of the drop-off location, making it infeasible for this to be used also as a drop-off location.  The applicant must provide more details as to how this access will be ADA compliant, how vehicles will safely drop-off/pick-up people, and what type of connection will be provided so that this location is truly accessible.

 

 

 

 

 

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 14 of 22

 

Continuation of Condition #21…

 

• It is still not clear as to the exact location(s) of the playing field(s). Will the northeastern portion of the site be used as a playing field as well as the southern portion? Is only one field being proposed for the training facility or multiple fields? Is the sports equipment storage area no longer proposed? Clear delineations of the planning fields must also be provided on the Site Plan.

 

• Access to the pedestrian path from the parking lot will have to be obtained by going between parked vehicles. One of the end parking spaces in the northwestern corner shall be eliminated and instead, used as a crosswalk for the pedestrians so that a safer walkway can be provided.

 

• Is a retaining wall proposed around the periphery of the filled area? The existing topography and the proposed topography do not tie in correctly.  This must be clarified.  If walls are proposed, then top and bottom of wall elevations must be provided.

 

• The easternmost portion of the site is located next to a right of way for Orange and Rockland Utilities. Since this area is proposed to be extensively cleared and regraded, a review must be completed by the utility company to ensure that the drainage flow, landscaping and regrading will not negatively impact their facilities.

 

• Evergreen trees are proposed along a portion of the frontage along Oak Tree Road and the easternmost boundary of the playing field area. Some trees are being proposed within the approximate location of the Tennessee Gas Pipeline Company (TGPC) easement.  Before planting these trees, the TCPC must be given the opportunity to review the site plan to ensure that there are no concerns.

 

• Since extensive clearing is proposed, a tree inventory shall be done to determine if the proposed number and caliber of trees to be planted will adequately replace those to be removed. Planting of trees/ vegetation will help to reduce soil erosion that may result from such substantial regrading of the site.

 

• All proposed signage must be on the Site Plan, and conform to the Town’s sign standards.

 

 

 

 

 

 

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 15 of 22

 

Continuation of Condition #21…

 

 

• Neither the narrative nor the site plan indicates that outdoor lighting is being proposed. This must be clarified.  If lighting is proposed, then a lighting plan must be provided that demonstrates that the intensity of the candle lumens is less than 0.1 at the property line.  In addition, the lighting must comply with Section 8.16C.(2) of the Orangetown Zoning Ordinance.

 

• 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.

 

22. The Rockland County Health Department (RCDOH) reviewed the information provided and offered the following comments:

• Should the Board require a stormwater management system, application is to be made to the RCDOH for review of the storm water management system for compliance with the County Mosquito Code.

 

23. 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.

 

24. Orange & Rockland Utilities (O&R) reviewed the provided information and offered the following comment: O&R has reviewed the drawings to determine whether the development and use of the property adjacent to O&R’s easement area described therein will unreasonably interfere with O&R’s easement. O&R acknowledges that such use will not unreasonably interfere with O&R’s easement, and therefore O&R has no object to the described use.

 

25. The Borough of Rockleigh, New Jersey has reviewed additional letters and information and found that there will be no construction activities within the Borough of Rockleigh. Additionally, the use of the Crestron parking lot was agreed to between Crestron and Little Bucs Gridiron Football League. As a result, the Little Bucs Gridiron Football League, Inc. use of the Crestron Parking lot will not be required to be reviewed or approved by the Borough of Rockleigh and its Planning Board.

 

 

 

 

 

 

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 16 of 22

 

 

26. 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 development within the site. Based on the a review of the materials submitted, the RCDA offers the following comments:

 

1. Please duly complete and certify the “County Planning Information  Certification” form and submit to the RCDA with supporting documents.

 

2. Please provide the RCDA with project drawings that are signed and stamped or sealed by a Professional Engineer (P.E.) or Registered Architect (R.A.) licensed in the State of New York, as required.  Please see the drawings listed above that are not signed and stamped or sealed by a P.E. or R.A.

 

3. The permit application indicates two project parcels; however, the Grading Plan indicates that the proposed regrading and fill placement areas will be within the parcel ID 77.20-1-1 and no proposed work in parcel ID 77.15-1-31.

 

4. Based on the effective Flood Insurance Rate Map (FIRM), the base flood elevation at the project site varies from 29.6’ and 29.8’, in NAVD datum; however, the delineation of base flood elevation on project drawings appear to be inconsistent with the site grade elevations.  Please review and revise the base flood elevation delineation on the drawings to be consistent with FIRM.

 

5. Based on existing site grade elevations and effective flood elevation at the site, the proposed project will be filling the floodplain areas of the Sparkill Creek. Please quantify the volume of fill proposed within the floodplain areas and demonstrate that the proposed fill placement within the floodplain limits will not result any increase in flood elevation on any other properties.  Alternatively, please revise the location of fill placement outside the 100-year floodplain areas.

 

6. The Grading Plan indicates a 100’ wide easement along Sparkill Creek and the project drawings indicate proposed fill placement within the existing easement and the easement documents included with the SWPPP report indicate that the brook easement is assigned to the Town of Orangetown.   Please revise the drawings to demonstrate that the proposed fill placement will be outside the easement limits.  Alternatively, please provide documentation from the Town of Orangetown granting permission for placing fill within the drainage and brook easement as proposed.

 

 

 

 

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 17 of 22

 

Continuation of Condition #26….

 

7. The Erosion Control Plan indicates that erosion control fabrics to be placed on all slopes; however, no details are provided about the specific fabric to be used. Please indicate the specific type and specification of the erosion control fabric to be used on the project drawings.

 

8. The project drawings indicate clearing and levelling areas and another area with fill placement; however, no soil stabilization measures are indicated upon levelling and fill placement. Please indicate the method of permanent soil stabilization measures proposed for all disturbed areas on the project drawings.

 

9. The SWPPP binder submitted with stormwater management calculations are not signed and stamped or sealed. Upon revisions as indicated in comment 6 above, please provide stormwater management calculations demonstrating that the proposed project will not result any increase in the rate of stormwater runoff from the site, signed and stamped/ sealed by a P.E. or R.A. licensed in the State of New York.

 

10. Please provide a copy of the floodplain development permit with certification that the proposed project is in compliance with the floodplain regulations of the Town of Orangetown and the Federal Emergency Management Agency.

 

11. Please provide a copy of the Notice of Intent (NOI) filed with the New York State Department of Environmental Conservation (NYDEC) that include a “SWPPP Prepare Certification Statement” for Stormwater Compliance. In addition, upon receipt, please provide a copy of the acknowledgement letter from the NYSDEC indicating that the applicant has obtained coverage under SPDES General Permit for stormwater discharges.

 

12. Please provide a copy of the “MS4 SWPPP Acceptance” form signed by the Executive Officer or ranking elected official of the Town of Orangetown or by a duly authorized representative of that person.

 

13. Please note that all drawings and calculations submitted in support of the application must be signed and stamped or sealed by a Professional Engineer or a Registered Architect licensed in the State of New York. At least one set of drawings and calculations must bear the original sign and stamp/seal. No work shall be done, or fill material be placed at the site prior to obtaining the required Stream Control Act Permit from the RCDA.

 

 

 

 

 

 

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 18 of 22

 

 

27. The New York State Department of Environmental Conservation (DEC) indicated that based upon its review of the circulated documents, it appears that the project may require the following permits:

 

• Protection of Waters: The Sparkill Creek, Class C, DEC Water Index Number is H-13, Status is Non-protected. The Tributary of the Sparkill Creek, Class C is Non-protected. A permit is not required to disturb the bed or banks of “non-protected” streams. If a permit is not required, please note, the project sponsor is still responsible for ensuring that work shall not pollute any stream or waterbody.  Care shall be taken to stabilize any disturbed areas promptly after construction, and all necessary precautions shall be taken to prevent contamination of the stream or waterbody by silt, sediment, fuels, solvents, lubricants, or any other pollutant associated with the project.

 

• Freshwater Wetlands: The project is not within a New York State protected wetlands. An Army Corps of Engineers permit may be required pursuant to Section 404 of the Clean Water Act. If a Section 404 permit is required, you will also require a Water Quality Certification pursuant to Section 401 of the Clean Water Act.  Issuance of these certificates in NYS has been delegated to the DEC.

 

• State – Listed Species: No records of sensitive resources were identified by this review. The absence of data does not necessarily mean that rare or state listed species, natural communities or other significant habitats do not exist on tor adjacent to the proposed site. Rather, the files currently do not contain information which indicates their presence.  For most sites, comprehensive field surveys have not been conducted. DEC cannot provide a definitive statement on the presence or absence of all rare or state listed species or significant natural communities.  Depending on the nature of the project and the conditions at the project site, further information from on-site surveys or other sources may be required to fully assess impacts on biological resources.

 

• Cultural Resources: DEC has reviewed the statewide inventory of archaeological resources maintained by the New York State Museum and the New York State Office of Parks, Recreation, and Historic Preservation. These records indicate that the project is located within an area considered to be sensitive with regard to archaeological resources.  Visit NYS Office of Historic Preservation website at nysparks.com/shop/online-tools.

 

 

 

 

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 19 of 22

 

Continuation of Condition #27…

 

• State Pollution Discharge Elimination System (SPES) Stormwater – Construction: If the overall project will disturb over one acre of land, the project sponsor must obtain coverage under the current SPDES General Permit (GP-0-15-002) for Stormwater Discharge from Construction Activities and a Stormwater Pollution Prevention Plan (SWPPP) must be developed which conforms to requirements of the General Permit. As this site is within a Municipal separate Storm Sewer System (MS4) community, the SWPPP must be reviewed and accepted by the municipality, and the MS4 Acceptance Form submitted with the SWPPP and the application for coverage, in accordance with the application instructions.

 

• Other: Other permits from NYSDEC or other agencies may be required for projects constructed on this property now or in the future. Also, regulations applicable to the location subject to this determination occasionally are revised and the project sponsor should, therefore, verify the need for permits if the project is delayed or postponed.  This determination regarding the need for permits will remain effective for a maximum of one year.

 

28. The New York State Office of Parks, Recreation and Historic Preservation reviewed the submitted information and in their opinion, the project will have no impact on archaeological and/or historic resources listed in or eligible for the New York State and National Register of Historic Places.

 

29. The following agencies do not object to the Town of Orangetown Planning Board assuming responsibilities of lead agency for SEQRA purposes:

–  Rockland County Health Department

–  Rockland County Sewer District #1

–  Rockland County Drainage Agency

–  New York State Department of Environmental Conservation

–  Town of Orangetown Zoning Board of Appeals

–  Rockland County Department of Highways

 

30. 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 Site Plan.

 

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

 

 

 

 

 

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 20 of 22

 

 

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

The Tree Protection and Preservation Guidelines adopted pursuant to Section 21-24 of the Land Development Regulations of the Town of Orangetown will be implemented in order to protect and preserve both individual specimen trees and buffer area with many trees. Steps that will be taken to reserve and protect existing trees to remain are as follows:

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

1. 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 Preliminary 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.

 

33. 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 21 of 22

 

 

34. 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.

 

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

 

36. 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).

 

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

 

38. 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

 

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

 

 

 

 

 

 

 

 

 

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 22 of 22

 

 

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

 

The foregoing Resolution was made and moved by Bruce Bond and seconded by William Young and carried as follows: Thomas Warren, Chairman, aye; William Young, Vice Chairman, aye; Bruce Bond, aye; Michael Mandel, nay; Stephen Sweeney, aye; Michael McCrory, aye, and Robert Dell, 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: June 26, 2019

Cheryl Coopersmith

Chief Clerk Boards and Commissions

Attachment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State Environmental Quality Review Regulations

NEGATIVE DECLARATION

Notice of Determination of Non-Significance

 

PB#19-01: Little Bucs Youth Sport                               Permit #48396

Training Field Grading Plan

Final Site Plan Approval Subject to Conditions

and Conditional Use Permit Granted   

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: Little Bucs Youth Sport   Training Field Grading Plan and Conditional Use Permit

SEQR STATUS:       Type I   _________

Unlisted XXXXXX

CONDITIONED NEGATIVE DECLARATION:  Yes _______

No   XXXXXX

 

DESCRIPTION OF ACTION:  Site Plan Review and Conditional Use Permit

 

LOCATION: The site is located at 215 & 245 and 247 & 257 Oak Tree Road, Tappan, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 77.15, Block 1, Lot 31 and  Section 77.20, Block 1, Lot 1; in the LIO zoning district.

 

REASONS SUPPORTING THIS DETERMINATION:

The Orangetown Planning Board, as Lead Agency, determined that the proposed action will not have a significant impact on the environment and a Draft Environmental Impact Statement (DEIS) will not be prepared.  The reasons supporting this determination are as follows:

The project will not have a significant impact upon the environment and a DEIS need not be prepared because the proposed action does not significantly affect air quality, surface or ground water quality, noise levels or existing external traffic patterns. In addition, it will have no impact upon the aesthetic, agricultural or cultural resources of the neighborhood. No vegetation, fauna or wildlife species will be affected as a result of this proposed 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:

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 #19-39: Bergson Subdivision Plan Granted a Second 90 Day Extension to File the Subdivision with the Rockland County Clerk’s Office

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 1 of 2

 

TO:                 Jay Greenwell, PLS, 85 Lafayette Avenue, Suffern, New York

FROM:           Town of Orangetown Planning Board

 

RE:                 Bergson Subdivision Plan: The application of Palisades 9W LLC, applicant, Wyandanch Washington Realty LLC, owner, for a Second 90 Day Extension to File the Subdivision Plan with the Rockland County Clerk’s Office at a site to be known as “Bergson Subdivision Plan” in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown, Chapter 21 of the Code of the Town of Orangetown. The site is located at 56 Woods Road, Palisades, in the Palisades Historic District, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 78.18, Block 1, Lots 3.1 & 3.2 in the R-80 zoning district.

 

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

Wednesday, June 26, 2019, at which time the Board made the following determinations:

 

The Board received the following communications:

1. Project Review Committee Report dated June 19, 2019.
2. An interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by Jane Slavin, R.A., AIA, Director, dated June 25, 2019.

3. An interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated June 20, 2019.

 

The Board reviewed the plan. The meeting was then open to the public.

 

There being no one to be heard from the Public, a motion was made to close the Public Hearing portion of the meeting by Bruce Bond and second by

Michael Mandel and carried as follows: Thomas Warren – Chairman, aye; William Young, Vice-Chairman, aye; Bruce Bond, aye; Michael Mandel, aye; Stephen Sweeney, aye; Michael McCrory, aye and Robert Dell, absent.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PB #19-22: Bergson Subdivision Plan Granted a 90 Day Extension to File the Subdivision with the Rockland County Clerk’s Office

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 2 of 2

 

DECISION:  In view of the foregoing, the Board GRANTED a Second 90 Day Extension to File the Subdivision Plan with the Rockland County Clerk’s Office Subject to the following Conditions:

 

1. The following items required by DEME remain outstanding:

1. The applicant shall use the Town’s sanitary “doghouse” manhole detail that was provided – on drawing #4.
2. DEME is still waiting for the Road/ Common Force main/ and Private sewer – Transportation Corporation agreements to be submitted and reviewed by the Town of Orangetown Town Attorney’s Office and DEME.
3. The Performance Bond will be submitted under separate cover.
4. The soil erosion and sediment control plans and details, last updated 2/21/19 are acceptable.

 

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

 

The Clerk of the Board is hereby authorized, directed and empowered to sign this Decision and file a certified copy in the Office of the Town Clerk and this Office of the Planning Board.

 

Dated: June 26, 2019

Cheryl Coopersmith

Chief Clerk Boards and Commissions

Town of Orangetown Planning Board

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PB #19-40: 622 Route 303 Subdivision Amendment Plan

Granted Two 90 Day Extensions to File the Subdivision with the Rockland County Clerk’s Office

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 1 of 2

 

TO:                 John Speer, McLaren Engineering, 530 Chestnut Ridge Road, Woodcliff Lake, New Jersey 07677

FROM:           Town of Orangetown Planning Board

 

RE:                 622 Route 303 Subdivision Amendment Plan: The application of Golden Crust Rockland, LLC, owner, for Two 90 Day Extensions to File the Amended Subdivision Plat with Rockland County Clerk’s Office, at a site known as “622 Route 303 Subdivision Amendment Plan”, in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown, Chapter 21 of the Code of the Town of Orangetown. The site is located at 622 Route 303, Blauvelt, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 65.14, Block 1, Lot 11.3 in the LI/LIO zoning districts.

 

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

Wednesday, June 26, 2019, at which time the Board made the following determinations:

 

John Speer, P.E., appeared and testified.

The Board received the following communications:

1. Project Review Committee Report dated June 19, 2019.
2. An interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by Jane Slavin, R.A., AIA, Director, dated June 25, 2019.

3. An interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated June 20, 2019.

4. A letter from McLaren Engineering, signed by John Speer, Senior Engineer dated June 20, 2019.

 

The Board reviewed the plan. The meeting was then open to the public.

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PB #19-40: 622 Route 303 Subdivision Amendment Plan

Granted Two 90 Day Extensions to File the Subdivision with the Rockland County Clerk’s Office

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 2 of 2

 

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

 

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

 

The Clerk of the Board is hereby authorized, directed and empowered to sign this Decision and file a certified copy in the Office of the Town Clerk and this Office of the Planning Board.

 

Dated: June 26, 2019

Cheryl Coopersmith

Chief Clerk Boards and Commissions

Town of Orangetown Planning Board

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PB #19-41: 1044 Route 9W Site Plan                            Permit #48735

Critical Environmental Area                               

Final Site Plan Approval Subject to Conditions                    

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 1 of 9

 

TO:                 Grace and Deed Rossiter, 1044 Route 9W, Upper Grandview, New York

FROM:           Orangetown Planning Board

 

RE:                 1044 Route 9W Site Plan – Addition: The application of Deed Rossiter, owner, for Prepreliminary/ Preliminary/ Final Site Plan Review at a site to be known as “1044 Route 9W Site Plan – Addition” a one story addition, the area of the proposed addition is approximately 200 Square Feet, in the Critical Environmental Area, 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 1044 Route 9W, Nyack, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 71.09, Block 1, Lot 30.1 in the   R-22 zoning district.

 

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

Wednesday, June 26, 2019 at which time the Board made the following determinations:

 

Jonathan Wolfe appeared and testified.

The Board received the following communications:

1. A Project Review Report dated June 19, 2019.
2. 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 June 25, 2019.

3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated June 20, 2019.

4. Letters from Rockland County Department of Planning, signed by, Douglas Schuetz, Acting Commissioner of Planning, dated June 24, 2019 and Arlene Miller, dated June 21, 2019.

5. Letters from Rockland County Department of Health, signed by Elizabeth Mello, P.E., Senior Public Health Engineer, dated June 7, 2019.

6. A letter from Rockland County Highway Department, signed by Dyan Rajasingham, Engineer III, dated May 14, 2019.

7. A letter from Rockland County Sewer District No. 1, signed by Joseph LaFiandra, Engineer II, dated May 17, 2019.

8. A letter from the Town of Orangetown Zoning Board of Appeals, signed by Daniel W. Sullivan, Chairman, dated May 15, 2019.

 

 

 

 

 

 

 

 

 

 

 

 

 

PB #19-41: 1044 Route 9W Site Plan                            Permit #48735

Critical Environmental Area                               

Final Site Plan Approval Subject to Conditions                    

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 2 of 9

 

 

9. A letter from the New York State Department of Environmental Conservation, signed by Carrie Mackey, Division of Environmental Permits, dated June 6, 2019.
10. A letter from the Village of Grandview on Hudson, signed by Donald Vernon, Planning Board Chairman, dated May 17, 2019.
11. A Short Environmental Assessment Form signed by Winston Rossiter, dated May 3, 2019, revised June 24, 2019.
12. Building Permit Referral to the Planning Board dated April 4, 2019 prepared by Rick Oliver, Building Inspector.
13. A Project Narrative prepared by Winston Rossiter, dated May 3, 2019.

14. A letter from Jonathan Wolfe, Architect, dated May 8, 2019.
15. Copy of the Land Survey prepared by Jay Greenwell, PLS, dated August 8, 2005, last revised July 10, 2006.
16. Site Plan and Architectural Plans prepared by Jonathan Wolfe, R.A., dated March 1, 2019, last revision date of April 4, 2019, unless noted:

• Sheet T1.0: Title Sheet, Notes, Land Survey
• Sheet A1.0: Proposed Site Plan
• Sheet A2.0: Existing & Proposed Plans – Floor Plans
• Sheet A3.0: Proposed Elevations

 

The Board reviewed the plan. The meeting was then open to the public.

 

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

 

The proposed action is classified as an “unlisted action” as defined by Section 617.2 (ak) of the New York State Environmental Quality Review Regulations (SEQRR). No agency, other than the Orangetown Planning Board will have any significant involvement in the review process, pursuant to Section 617.6 of SEQRA. On motion by Bruce Bond and seconded by William Young and carried as follows: Thomas Warren, Chairman, aye; William Young, Vice Chairman, aye; Robert Dell, absent; Stephen Sweeney, aye; Michael McCrory, aye; Bruce Bond, aye; and Michael Mandel, aye, the Board declared itself Lead Agency.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PB #19-41: 1044 Route 9W Site Plan                            Permit #48735

Critical Environmental Area                               

Final Site Plan Approval Subject to Conditions                    

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 3 of 9

 

 

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 Jonathan Wolfe, R.A., 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 No.1, New York State Department of Environmental Conservation and having reviewed the proposed Plans prepared by Jonathan Wolfe, R.A., 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;

 

 

 

 

 

 

 

 

 

 

 

PB #19-41: 1044 Route 9W Site Plan                            Permit #48735

Critical Environmental Area                               

Final Site Plan Approval Subject to Conditions                    

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 4 of 9

 

 

• 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 Bruce Bond, and seconded by Michael Mandel and carried as follows Thomas Warren – Chairman, aye; William Young, Vice-Chairman, aye;

Michael Mandel, aye; Stephen Sweeney, aye; Bruce Bond, aye; Robert Dell, absent and Michael McCrory, aye, the Board made a Negative Declaration pursuant to SEQRA.

 

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

 

1. The following note shall be placed on the Site Plan: “At least one week prior to the commencement of any work, including the installation of erosion control devices or the removal of trees and vegetation, a Pre-construction meeting must be held with the Town of Orangetown Department of Environmental Management and Engineering, Superintendent of Highways and the Office of Building, Zoning and Planning Administration and Enforcement. It is the responsibility and obligation of the property owner to arrange such a Meeting.”

 

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

 

3. The following note shall be placed on the Site Plan: “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.”

 

 

 

 

 

 

 

 

 

 

PB #19-41: 1044 Route 9W Site Plan                            Permit #48735

Critical Environmental Area                               

Final Site Plan Approval Subject to Conditions                    

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 5 of 9

 

 

4. The existing walkway from the driveway to the house shall be shown on A.1.

 

5. The applicant is required to submit a full set of architectural floor plans and details for review of compliance with NYS Residential Code.

 

6. The Short Environmental Assessment Form is complete.

 

7. The applicant must comply with all conditions of the Planning Board approval and permits and approvals from the various agencies must be submitted to the Planning Board Clerk. A final site plan complying with all conditions must be submitted to the Planning Board Clerk for review and approval. No permits can be issued until the final site plan is signed and approved for filing.

 

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

 

• A review must be completed by the New York State Department of Transportation, any comments or concerns addressed, and all required permits obtained.

 

• The comments in the June 7, 2019 letter from the Rockland County Department of Health must be met.

 

• A review must be completed by the New York State Department of Environmental Conservation and any required permits obtained.

 

9. Based on the information provided, the Rockland County Health Department offered the following comments:

• If the proposal increases the number of bedrooms, the existing septic system will need modifications. Engineered plans will need to be submitted to Rockland County Health Department for review and approval, prior to a building permit being issued.  If the number of bedrooms is to remain the same, no modification of the existing system will be necessary.
• Should the Board require a stormwater management system to remediate the increase in impervious surface, application is to be made to the Rockland County Health Department for review of the stormwater management system for compliance with the County Mosquito Code.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PB #19-41: 1044 Route 9W Site Plan                            Permit #48735

Critical Environmental Area                               

Final Site Plan Approval Subject to Conditions                    

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 6 of 9

 

 

10. 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.

 

11. Based upon the circulated documents, the New York State Department of Environmental Conservation (NYSDEC) offered the following information:

• Protection of Waters: There are no waterbodies that appear on the NYSDEC regulatory maps at the location/ project site identified.

 

• Freshwater Wetlands: The site is not within a New York State-protected Freshwater Wetland.

 

• Water Quality Certification: This project/ site does not appear to contain a federally regulated wetland area. If the United States Army Corps of Engineers (ACOE) requires a permit for work completed in or impacting a federal wetland, a Section 401 Water Quality Certification may be required.

 

• State – Listed Species: DEC has reviewed the State’s Natural Heritage records and determined that no records of sensitive resources were identified by this review.

 

• State Pollution Discharge Elimination System (SPDES) Stormwater (Construction): If the overall project will disturb over one acre of land, the project sponsor must obtain coverage under the current SPDES General Permit for Stormwater Discharges from Construction Activities (GP-0-15-002) and a Storm Water Pollution Prevention Plan (SWPPP) must be developed which conforms to requirements of the General Permit. As this site is within a Municipal Separate Storm Sewer System (MS4) community, the SWPPP must be reviewed and accepted by the municipality, and the MS4 Acceptance Form with the SWPPP and the application for coverage, in accordance with the application instructions.

 

 

• Cultural Resources: DEC has reviewed the statewide inventory of archaeological resources maintained by the New York State Museum and the New York State Office of Parks, Recreation, and Historic Preservation. These records indicate that the project is located within an area considered to be sensitive with regard to archaeological resources.  Visit NYS Office of Historic Preservation website at nysparks.com/shop/online-tools.

 

 

 

 

 

 

 

 

 

 

 

 

PB #19-41: 1044 Route 9W Site Plan                            Permit #48735

Critical Environmental Area                               

Final Site Plan Approval Subject to Conditions                    

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 7 of 9

 

 

Continuation of Condition #11…

 

• Other permits from DEC or other agencies may be required for projects conducted on this property now or in the future. Also, regulations applicable to the location subject to this determination occasionally are revised and therefore, the applicant should verify the need for permits if the project is delayed or postponed.  This determination regarding the need for permits will remain effective for a maximum of one year unless you are otherwise notified.

 

12. The following agencies do not object to the Town of Orangetown Planning Board assuming responsibilities of lead agency for SEQRA purposes:

–  Rockland County Health Department

–  Rockland County Highway Department

–  Rockland County Sewer District #1

–  Rockland County Planning Department

–  New York State Department of Environmental Conservation

–  Town of Orangetown Zoning Board of Appeals

–  Village of Grand View on Hudson Planning Board

 

13. 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.

 

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

 

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

 

16. 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 #19-41: 1044 Route 9W Site Plan                            Permit #48735

Critical Environmental Area                               

Final Site Plan Approval Subject to Conditions                    

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 8 of 9

 

Continuation of Condition #16….

 

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

1. 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.

 

17. 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.

 

18. 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 #19-41: 1044 Route 9W Site Plan                            Permit #48735

Critical Environmental Area                               

Final Site Plan Approval Subject to Conditions                    

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

Page 9 of 9

 

 

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

 

20. 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).

 

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

 

22. 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

 

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

 

The foregoing Resolution was made and moved by Bruce Bond and seconded by Stephen Sweeney and carried as follows: Thomas Warren – Chairman, aye; William Young – Vice Chairman, aye; Robert Dell, absent; Bruce Bond, aye; Stephen Sweeney, aye; Michael McCrory, aye and Michael Mandel, 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: June 26, 2019

Cheryl Coopersmith

Chief Clerk Boards and Commissions

Town of Orangetown Planning Board

Attachment

 

 

 

 

 

 

State Environmental Quality Review Regulations

NEGATIVE DECLARATION

Notice of Determination of Non-Significance

 

PB #19-39: 1044 Route 9W Site Plan                            Permit #48735

Critical Environmental Area                               

Final Site Plan Approval Subject to Conditions                    

Neg. Dec.

 

Town of Orangetown Planning Board Decision

June 26, 2019

 

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:            1044 Route 9W Site Plan – Critical Environmental Area;

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 1044 Route 9W, Nyack, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 71.09, Block 1, Lot 30.1 in the R-22 zoning district.

 

REASONS SUPPORTING THIS DETERMINATION:

The Orangetown Planning Board, as Lead Agency, determined that the proposed action will not have a significant impact on the environment and a Draft Environmental Impact Statement (DEIS) will not be prepared.  The reasons supporting this determination are as follows:

The project will not have a significant impact upon the environment and a DEIS need not be prepared because the proposed action does not significantly affect air quality, surface or ground water quality, noise levels or existing external traffic patterns. In addition, it will have no impact upon the aesthetic, agricultural or cultural resources of the neighborhood. No vegetation, fauna or wildlife species will be affected as a result of this proposed 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:

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