Town Board Meeting February 10, 2015

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

TUESDAY, FEBRUARY 10, 2015

This Town Board Meeting was opened at 7:30 p.m. Supervisor Stewart presided and the Deputy Clerk called the Roll. Present were:

Councilman Denis Troy

Councilman Thomas Diviny

Councilman Thomas Morr

Councilman Paul Valentine

Also present: Teresa Accetta-Pugh, Deputy Clerk

Geraldine Orlik, Deputy Clerk

John Edwards, Town Attorney

Teresa Kenny, Deputy Town Attorney

Jeff Bencik, Finance Director

Stephen Munno, Sr. Administrative Assistant

Joe Moran, Commissioner of DEME

Robert Simon, Receiver of Taxes

John Giardiello, Director of OBZPAE

Aric Gorton, Superintendent of Parks and Recreation

Mary Cardenas, Town Historian

Kevin Nulty, Police Chief

Esta Baitler led the Pledge of Allegiance to the Flag.

Summary of Public Comments (RTBM):

James K. Riley, Pearl River, said Anellotech’s smoke stack/vent pipe is not the issue; the usage of the facility is the issue. He urged the Town Board to revisit the zoning codes, establish an expert review community and establish a moratorium.

Mike Mandel, Pearl River, spoke about chargebacks and the Fashion Institute of Technology (FIT). He asked that a resolution, reclassifying FIT as a 4-yr college, be sent to the State Legislature. He is in favor of the resolution opposing O & R rate increases.

Helen Shaw, Pearl River, has concerns with rock salt killing white pine trees. She spoke about Shoprite dumping snow with rock salt and she wants the Town to put a stop to this snow dumping.

John Shaw, Pearl River, has asked the Building Code Enforcement, several times, to put a stop to Shoprite dumping snow on its residential lot. Now, he wants the Town Board to be involved.

Eileen Larkin, Palisades, agrees that the Town Codes need to be updated. She believes there is a conflict of interest with Anellotech and the ZBA. She is concerned about traffic exiting onto Oak Tree Road, from the proposed Walgreen’s site.

Nancy Caruso-Pressapino, Nanuet, is alarmed and disturbed at the way the Zoning Board dismissed the citizens’ concerns and ignored the additional unanswered question imposed by the DEC. They pushed to approve the expansion for Anellotech.

Cynthia Anselmo, Palisades, has concerns about the planting and control of invasive species of Bamboo. These plants travel from property to property and damage utility lines. She wants the Town to adopt an ordinance prohibiting Bamboo.

Amy Wertheim, Pearl River, spoke about Rockland County’s Emission Code and penalties for high emissions. Why is Anellotech not being held to the same emission codes and penalties. She questioned the emission numbers Anellotech provided

Jim Flynn, Nanuet and the nearest resident to Anellotech, said John J. Tormey III, Esq. and the Stop Anellotech Group emails and blogs are distasteful and inappropriate. Anellotech is a Research and Development site and not a manufacturing site.

Esta Baitler, Sparkill, thanked everyone for making sidewalks possible. She is in favor of CDBG funding for Dowling Gardens. She asked for LED street lights and for Rte 340 bus stop be plowed.

Lisa Sheridan, Pearl River, expressed her opinion of reappointing Robert Dell to the Planning Board. Mr. Dell’s experience as a Research Laboratory Director, a Professor in Green Engineering Research, and his dedication and familiarity with the community’s concerns make him a very qualified candidate.

Denise Schorn, Pearl River, is concerned with Triumvirate’s contract and report. There was no site visit and their focus was only on Benzene. The Zoning Board’s ruling on Anellotech was premature and based on erroneous information.

Scott Paness, Nanuet, believes the independent study on Anellotech’s cancer causing chemicals emissions was a sham. He would like Anellotech re-investigated to make sure the people of Orangetown and Clarkstown are safe.

Manny Larenas, Pearl River, said Orangetown is really special and the best place he has lived. The people of this Town have voted for the Town Board members to be their champions, to represent them and to protect them. Allowing Anellotech to proceed is a travesty. The Town Board needs to fight for the residents.

Heather Hurley, Pearl River, asked for the immediate replacement of the Zoning Board Chairman; for the Town Board to declare the Triumvirate report invalid; and for the current zoning laws to be updated.

RESOLUTION NO. 68 CLOSE PUBLIC COMMENTS

Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

RESOLVED, that the public portion is hereby closed.

Ayes: Supervisor Stewart

Councilpersons Valentine, Troy, Diviny, Morr

Noes: None

***

RESOLUTION NO. 69 SCHEDULE PUBLIC HEARING AMEND TOWN CODE/DISORDERLY OFFENSES

Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:

RESOLVED, a public hearing to consider adopting a Local Law to add a new Chapter 10C, entitled “Disorderly Offenses” to the Town Code is scheduled for Tuesday, March 10, 2015, 8:00 p.m.

Ayes: Councilpersons Troy, Morr, Diviny, Valentine

Supervisor Stewart

Noes: None

* * *

RESOLUTION NO. 70 OPEN PH/ORANGEBURG COMMONS MIXED USE EXPANSION SPECIAL PERMIT/AMENDMENTS TO EXISTING PERMIT / FB GREENBUSH, LLC AND FB ORANGETOWN, LLC

Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:

RESOLVED, the public hearing on the application of FB Greenbush, LLC, for a Mixed Use Expansion Special Permit pursuant to §§ 4.32 (P) of the Town Zoning Law, allowing the development of property located in the vicinity of the intersection of State Rte. 303 and the Palisades Interstate Parkway (Exit 5 Interchange) (Orangetown Tax Map designation 74.15-1-22) in the Town of Orangetown, and the related application of FB Orangetown, LLC for amendments to a previously granted and existing Special Permit for the immediately adjacent property (Orangetown Tax Map designation 74.15-1-21) is hereby opened.

Ayes: Supervisor Stewart

Councilpersons Diviny, Troy, Morr, Valentine

Noes: None

The Deputy Clerk presented the Affidavit of Publication & Mailings, and the Notices of Posting; copies are labeled Exhibit 02-A-15 and made a part of these minutes.

Summary of Public Comments:

Geraldine Tortorella, Attorney for the applicants, explained that this Special Permit would allow them to develop an adjacent .07 acre parcel. The proposed 2300 sq ft building (up to 12 tenants) will contain uses that will complement Orangeburg Commons, in a manner that integrates the two sites in function and design.

Mary Cardenas, Town Historian, said the Lent House is a great part of Orangetown history. The Lent House is located on the .97 acre site abutting Orangeburg Commons. A fundraiser committee (savelenthouse.org) exists to save this house and move it to the Dodge property. This house should be saved and moved, even if it causes a delay to this project.

Tom Graff, owner of the Lent House, informed the Town Board that the plans of moving the Lent are moving forward and this should be done by the end of April.

RESOLUTION NO. 71 CLOSE PH/ORANGEBURG COMMONS MIXED USE EXPANSION SPECIAL PERMIT/AMENDMENTS TO EXISTING PERMIT / FB GREENBUSH, LLC AND FB ORANGETOWN, LLC

Councilman Diviny offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:

RESOLVED, the public hearing on the application of FB Greenbush, LLC, for a Mixed Use Expansion Special Permit, and the application of FB Orangetown, LLC for related amendments to an existing permit is hereby closed.

Ayes: Councilpersons Diviny, Morr, Troy, Valentine

Supervisor Stewart

Noes: None

* * *

RESOLUTION NO. 72 LEAD AGENCY / ORANGEBURG COMMONS / MIXED USE EXPANSION SPECIAL PERMIT AMENDMENTS TO EXISTING PERMIT / FB GREENBUSH, LLC AND FB ORANGETOWN, LLC

Councilman Valentine offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:

WHEREAS, FB GREENBUSH, LLC has petitioned the Town Board for a Mixed Use Expansion Special Permit, pursuant to §§ 4.32 (P) of the Town Zoning Law, allowing the development of property located in the vicinity of the intersection of State Rte. 303 and the Palisades Interstate Parkway (Exit 5 Interchange) (Orangetown Tax Map designation 74.15-1-22) in the Town of Orangetown, and FB ORANGETOWN, LLC, by the same Petition, has requested that related amendments be made to its previously grant and existing Special Permit for the immediately adjacent property (Orangetown Tax Map designation 74.15-1-21)(collectively, the “proposed action”); and

WHEREAS, by Resolution 561 of 2014, duly adopted the 9th day of December 2014, the Town Board, among other things, declared its intention to act as Lead Agency for the purpose of environmental review of the proposed action, and further directed that a coordination letter be circulated to all involved and interested agencies informing them of the Town Board’s intention and soliciting their response, if any, before the passage of 30-days; and

WHEREAS, more than 30 days have passed since the circulation of the said letter and no interested or involved agency has objected to the Town Board assuming the role of Lead Agency,

RESOLUTION NO. 72 – Continued

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Orangetown hereby declares itself to be Lead Agency for the coordinated environmental review of the proposed action.

Ayes: Councilpersons Valentine, Morr, Troy, Diviny

Supervisor Stewart

Noes: None

* * *

RESOLUTION NO. 73 NEGATIVE DECLARATION ORANGEBURG COMMONS / MIXED-USE EXPANSION SPECIAL PERMIT AMENDMENTS TO EXISTING PERMIT / FB GREENBUSH, LLC AND FB ORANGETOWN, LLC

Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:

WHEREAS, by Resolution No. 561 of 2014, duly adopted December 9, 2014, the Town Board declared its intention to act as Lead Agency for environmental review in connection with its consideration and review of the joint application of FB Greenbush, LLC, pursuant to §§ 4.32 (P) of the Town Zoning Law, for a “Mixed-Use Expansion” Special Permit, permitting the development of a small lot (Orangetown Tax Map designation 74.15-1-22) adjoining a “Mixed-use” development as part of the larger unified project, and of FB Orangetown, LLC for related amendments to its existing Special Permit for the immediately adjacent property (Orangetown Tax Map designation 74.15-1-21) to include, among other things, signage for the mixed use expansion development; and

WHEREAS, by resolution of even date herewith, previously adopted, the Town Board declared its intention to act as Lead Agency with respect to the action; and,

WHEREAS, in furtherance of its obligations as Lead Agency, the Town Board has reviewed and considered the environmental concerns identified in the Full Environmental Assessment Form, and related documents, studies, drawings and outside agency comments filed and/or received in connection with the pending applications, more specifically:

Letter application from Hocherman Tortorella & Wekstein, LLP, counsel for the applicants, dated November 24, 2014.

Full Environmental Assessment Form (“FEAF”) prepared by Alfred T. Rossi, P.E., and its attachments consisting of: (a) an evaluation of the proposed action under the Town’s Comprehensive Plan (Exhibit A); (b) a summary of the drainage and sewer analysis performed by Leonard Jackson Associates, project engineer, dated November 21, 2014 (Exhibit B); (c) a traffic impact assessment prepared by Maser Consulting, P.C., dated July 8, 2014 (Exhibit C); and (d) a Fiscal Impact Analysis (Exhibit D).

Letter of Authorization and Consent from Thomas B. Graff, owner of the Expansion Site.

The following “Shops at Orangeburg Commons” plans and drawings showing the proposed improvements, the manner in which the two sites will be integrated, and the existing conditions on the Expansion Site:

(a) Title Sheet (Drawing No. 1), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;

(b) Layout “Part Plan” (Drawing No. 2A), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;

(c) Overall Site Plan (Drawing No. 2), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;

RESOLUTION NO. 73 – Continued

(d) Grading, Drainage & Utility Part Plan (Drawing No. 3A), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;

(e) Overall Grading, Drainage & Utility Plan (Drawing No. 3), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;

(f) Erosion Control Plan (Drawing No. 4), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;

(g) Landscape Plan (Drawing No. 5), prepared by Langan Engineering & Environmental Services of Elmwood Park, New Jersey, dated November 20, 2014;

(h) Site Lighting Plan (Drawing No. 6), prepared by Langan Engineering & Environmental Services of Elmwood Park, New Jersey, dated November 20, 2014;

(i) Construction Details (1 of 3) (Drawing No. 7), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;

(j) Construction Details (2 of 3) (Drawing No. 8), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;

(k) Construction Details (3 of 3) (Drawing No. 9), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;

(l) Storm and Sanitary Profiles (Drawing No. 10), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;

(m) Typical Site Cap Sections (Drawing No. 11), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;

(n) Site Cap Plan (Drawing No. 12), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;

(o) Overall Map Orangeburg Commons (Drawing 1 of 2), prepared by Jay A. Greenwell, PLS, LLC, Suffern, New York, dated October 23, 2013, last revised November 5, 2014;

(p) Overall Map Orangeburg Commons (Drawing 2 of 2), prepared by Jay A. Greenwell, PLS, LLC, Suffern, New York, dated October 23, 2013, last revised November 5, 2014; and

(q) Architectural Elevation for the “Shops at Orangeburg Commons,” prepared by Murray Jay Miller Architecture, dated July 2014.

and,

WHEREAS, as part of reviewing and considering such potential environmental concerns, the Town Board also considered other relevant plans and information before it at the time it considered the amendments to the Town Zoning Law to create and establish the Mixed Use Expansion Special Permit, including the (a) Retail View Study of the Mixed Use Expansion Development, prepared by Langan Engineering & Environmental Services of Elmwood Park, New Jersey, dated July 2014; (ii) The Shops at Orangeburg Commons Retail Pylon Sign Plan, prepared by Allied Environmental Signage, last revised July 17, 2014; and (iii) the Revised Pylon Sign for Orangeburg Commons, prepared by Allied Environmental Signage, dated July 11, 2014, which were available during the instant proceeding; and

WHEREAS, the Town Board has further considered the proposed action in the light of its earlier Determinations of Non-Significance (and supporting documents, studies, testimony and comments) with respect to (i) the Mixed-Use Special Permit previously issued for the project approved and developed on the adjacent site, all as reflected in Town Board Resolutions 657 and 658 of 2006, as amended by Town Board Resolutions 66 and 92 of 2012, as well as (ii) the further information received, more recently, in connection with the Town Board’s amendments to the Town Zoning Law, which created and established the Mixed Use Expansion Special Permit, as reflected in Town Board Resolution Nos. 483 and 484 of 2014 duly adopted at a regular meeting held on October 21, 2014; and

WHEREAS, the Town Board has further considered the legislative history of the existing, and far more comprehensive Mixed-Use Development provisions of the Town Zoning Law (expressly incorporated herein by reference), together with the empirical evidence that now exists relating to, and, as a result of, mixed-use developments approved under such zoning provisions, including, but not limited to, post-construction and cumulative traffic and drainage data; and

RESOLUTION NO. 73 – Continued

WHEREAS, the Town board has carefully considered all of the public presentations including those on December 9, 2014, and at the Public Hearing on this date, February 10, 2015; and

WHEREAS, the members of the Board are each familiar with the location of the proposed action; and

WHEREAS, the Town Board has carefully considered all of the above, as well as the comments and concerns of the various agencies that have submitted same, and having taken a hard look at all of the potential environmental impacts that might result from the proposed action, the Town Board has concluded that there will be no significant environmental impacts or effects caused or occasioned by the approval of the requested special permit and other changes/amendments to the existing site development plan for the adjacent parcel (including with respect to signage) (subject to the review and approval of the Town Planning Board),

NOW, THEREFORE, BE IT RESOLVED, that the Town Board issues a Determination of Non-significance with respect to the referenced project, and authorizes the Town Supervisor, or his designated agent, to sign and circulate same, and to take such other and further steps as may be necessary to discharge the Town Board’s responsibilities as Lead Agency in accordance with the applicable provisions of law.

Ayes: Councilpersons Diviny, Troy, Morr, Valentine

Supervisor Stewart

Noes: None

* * *

RESOLUTION NO. 74 APPROVE MIXED USE EXPANSION SPECIAL PERMIT/FB GREENBUSH, LLC/74.15-1-21 / CHANGES TO EXISTING SPECIAL PERMIT FOR ADJACENT MIXED USE SITE/ ORANGEBURG COMMONS/FB ORANGETOWN, LLC/ SUBJECT TO PLANNING BOARD APPROVAL

Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

WHEREAS, the Town Board of the Town of Orangetown (the “Town Board”) is the municipal entity, authorized under Chapter 43, § 4.32(O), (P) of the Town Zoning Ordinance to issue a Special Permit allowing mixed use and mixed use expansion developments at certain interchange locations in the Light Industrial (“LI”) zoning district in the Town of Orangetown; and

WHEREAS, by letter dated November 24, 2014, FB Greenbush, LLC, (with the written consent of the property owner), made application to the Town Board, pursuant to §§ 4.32 (P) of the Town Zoning Law, for a “Mixed-Use Expansion” Special Permit, permitting the development of a small lot (Orangetown Tax Map designation 74.15-1-22) adjoining an existing “Mixed-use” development, as part of a larger unified project, and the installation of signage, lighting and landscaping related thereto; and

WHEREAS, as a part of the same letter, FB Orangetown, LLC made application for related amendments to its existing Mixed Use Special Permit applicable to the immediately adjacent property (Orangetown Tax Map designation 74.15-1-21), in order to facilitate the use of both properties as part of a larger unified project and the development of signage for the mixed use expansion development; and

WHEREAS, on or about December 15, 2014, the Town Board circulated among all other involved and interested agencies notice of its intention to assume Lead Agency status for the purpose of the environmental review of the said application, and further circulated a request to the Rockland County Department of Planning, pursuant to General Municipal Law §§ 239-l & m,

RESOLUTION NO. 74 – Continued

the N.Y.S. Department of Transportation and the Palisades Interstate Park Commission, inviting their comments; and

WHEREAS, by letter dated January 22, 2015, the County Department of Planning responded, which response included certain conditions and/or comments (hereinafter addressed); and

WHEREAS, following notice duly given in accordance with the law, and there being no challenge or objection filed, by resolutions of even date herewith, but adopted prior to this resolution, the Town Board declared itself to be Lead Agency for the coordinated environmental review of the proposed action, declared the action to be an unlisted action and adopted a Determination of Non-significance with respect thereto; and

WHEREAS, the Town Board has considered the following plans, reports, comments and other documents:

Letter application from Hocherman Tortorella & Wekstein, LLP, counsel for the applicants, dated November 24, 2014.

Full Environmental Assessment Form (“FEAF”) prepared by Alfred T. Rossi, P.E., and its attachments consisting of: (a) an evaluation of the proposed action under the Town’s Comprehensive Plan (Exhibit A); (b) a summary of the drainage and sewer analysis performed by Leonard Jackson Associates, project engineer, dated November 21, 2014 (Exhibit B); (c) a traffic impact assessment prepared by Maser Consulting, P.C., dated July 8, 2014 (Exhibit C); and (d) a Fiscal Impact Analysis (Exhibit D).

Letter of Authorization and Consent from Thomas B. Graff, owner of the Expansion Site.

The following “Shops at Orangeburg Commons” plans and drawings showing the proposed improvements, the manner in which the two sites will be integrated, and the existing conditions on the Expansion Site: