Meeting Overview

TOWN OF ORANGETOWN

REGULAR TOWN BOARD MEETING

Tuesday July 23, 2019

 

This meeting was opened at 7:30 p.m.  Supervisor Day presided and Rosanna Sfraga, Town Clerk, called the roll.  Present were:

 

Councilman Denis Troy

Councilman Gerald Bottari

Supervisor Christopher Day

 

Absent:

Councilman Thomas Diviny

Councilman Paul Valentine

 

 

Also present:            Michael Lawler, Deputy Supervisor

Amanda Hyland, Supervisor’s Confidential Assistant

Rosanna Sfraga, Town Clerk

Joseph Thomassen, Deputy Clerk

Robert Magrino, Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent of Highways

Jane Slavin, Director of OBZPAE

Eamon Reilly, Commissioner of DEME

Aric Gorton, Superintendent of Parks, Recreation & Building Maint.

Donna Morrison, Human Resource Coordinator

Anthony Bevelacqua, Director of Automated Systems

James Brown, Police Captain

 

Pledge of Allegiance to the Flag of the United States of America:  Esta Baitler

 

ANNOUNCEMENT:

 

Pearl River Farmer’s Market, sponsored by the Town of Orangetown and the Pearl River Chamber of Commerce.  Open every Sunday, from 10 am to 3 pm, through November 24^th.  The stretch of North William Street (between Washington Ave and Central Ave) will be blocked off and closed to vehicular traffic, during the hours of 7:00 am through 4pm each Sunday.  Locally sourced vendors will be gathering at the market to sell fresh produce and other farmer’s market items.  The new market place will serve as a healthy and fun meeting place for residents, while also promoting all that downtown Pearl River has to offer.  Occasionally, the Market will be accompanied by live music and other amusements.

 

PRESENTATION:

 

Kyle John Boyce Memorial Scholarship Committee presented a check to the Town, for six (6) Orangetown Summer Day Camp Scholarships this year, at $335.00 each for a total of $2,010.00.

 

RESOLUTION NO. 362                                          ACCEPT / DONATION OF $2,010.00 / TOWN OF ORANGETOWN DAY CAMP SCHOLARSHIPS / KYLE JOHN BOYCE MEMORIAL SCHOLARSHIP FUND

 

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

 

RESOLVED, the Town Board hereby accepts, with gratitude, the donation of a check in the sum of $2,010.00, by members of the Kyle John Boyce Memorial Scholarship Fund, to fund 6

RESOLUTION NO. 362 – Continued

 

individual day camp scholarships for the 2019 Town of Orangetown, Parks and Recreation Department’s Summer Day Camp Program at the German Masonic Grounds.

 

Ayes:      Supervisor Day

Councilpersons Troy, Bottari

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

The Town Board discussed all of the items on the agenda.

 

 

RESOLUTION NO. 363                                          OPEN PUBLIC COMMENT PORTION

 

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

 

RESOLVED, that the public portion is hereby opened.

 

Ayes:      Councilpersons Troy, Bottari

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

Summary of Public Comments:

Esta Baitler, Sparkill, spoke about the staff at Helen Hayes hours being cut.  She requested the Town Board to write letters, to all of elected officials, regarding this.

Mike Mandel, Pearl River, spoke about the proposed Transit Oriented Development (TOD) plan for Pearl River.  Revitalization is a good idea but this plan is overdevelopment.

 

RESOLUTION NO. 364                                          CLOSE PUBLIC COMMENT PORTION

 

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

 

RESOLVED, that the public portion is now closed.

 

Ayes:      Councilpersons Troy, Bottari

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

RESOLUTION NO. 365                                          ACCEPT ZONE CHANGE PETITION & DIRECT CIRCULATION / PROPOSED LOCAL LAW / SEQRA REVIEW AMENDING TOWN ZONING MAP / 636 GREENBUSH ROAD / BLAUVELT / 65.15-1-1 / REYERSON FARMS LLC

 

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

 

WHEREAS, the Ryerson Farms, LLC contract purchaser of the premises located on the west side of Greenbush Road and East of NYS Route 303, known as 636 Greenbush Road, Blauvelt, New York, identified as tax lot section 65.15 Block 1 Lot 1 being located in the “LO” (Laboratory-Office) zoning district and “R-40” (Low Density Residence), has petitioned the Town Board to change the zoning classification of the property to that of “MFR” (Multi-Family Residence), and

 

WHEREAS, upon preliminary review of the proposed subdivision map, the Town Board is willing to consider the Petition, because the property is located in the vicinity of other residential

 

RESOLUTION NO. 365 – Continued

 

zoning and uses, and has unique characteristics such that consideration of a change in zoning classification is appropriate; and

 

WHEREAS, the Town Board wishes to proceed with its consideration of the proposed action, toward which end it wishes to commence the environmental review process, as well as review by other interested agencies; and

 

WHEREAS, upon review of the Petition, and a Short Environmental Assessment Form prepared at the Town Board’s request by the Office of Building, Zoning, Planning and Administration and Enforcement, and related documents and filings, the Board makes the following preliminary determinations:

 

1. The proposed action is one subject to review under the State Environmental Quality Review Act (“SEQRA”);
2. The proposed action as an “Unlisted” action; and
3. The following are involved or interested or involved agencies in the review process:

 

• Orangetown Planning Board;
• New York State Department of Transportation;
• Rockland County Department of Planning;
• Rockland County Highway Department;
• Rockland County Drainage Agency;
• Town of Clarkstown;

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby declares its intention to serve as Lead Agency for the purpose of environmental review under SEQRA, and directs that a Lead Agency Coordination Letter with relevant documents be circulated to and among the various above referenced agencies; and

 

BE IT FURTHER RESOLVED, that the circulation to the Rockland County Department of Planning further be for the purpose of review pursuant to General Municipal Law §§ 239- l & m; and

 

BE IT FURTHER RESOLVED, that, pursuant to Town Code Chapter 43, § 10.5, the Town Board hereby refers the said Petition and a proposed Local Law, amending the Town Zoning Map, to the Town Planning Board, inviting its input regarding, among other things, the implications of such an amendment, and requesting a response within 30-days.

 

Ayes:      Councilpersons Troy, Bottari

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

PROPOSED LOCAL LAW:

 

Be it enacted by the Town Board of the Town of Orangetown as follows:

 

Section 1: The Zoning Map of the Town of Orangetown, which establishes the areas and boundaries of the various Town zoning districts, is hereby amended to change the zoning district of the following properties:

 

636 Greenbush Road, Blauvelt, New York, identified as tax lot section 65.15 Block 1 Lot 1 being located in the “LO” (Laboratory-Office) zoning district and “R-40” (Low Density Residence), to that of “MFR” (Multi-Family Residence)

 

All that certain lot, piece or parcel of land, situate, lying and being in the Town of Orangeburg, County of Rockland and State of New York and being more accurately bounded and described as follows:

 

 

Tax Lot Section 65.15 Block 1   Lot

 

BEGINNING at an iron pin on the easterly right of way of NYS Route 303, said iron pin marking the northwesterly corner of the lands described herein, and being formed by the intersection of the boundary line between the Town of Orangetown on the south and the Town of Clarkstown on the north, and running thence:

 

1. Along said boundary line between the Town of Orangetown and the Town of

Clarkstown, N 85°09’55″E distant 280.10 feet to an iron pipe; thence

 

 

2. Along the westerly right of way of Greenbush Road the following four courses and distances:

 

716. S 5°35’30” W  distant  716.42  feet  to a  Rockland  County  Monument;

thence

556. S 5°15’15” W distant 556.89 feet; thence
557. Southwesterly, on a curve to the right having a radius of 905.41 feet and an arc length of 156.04 feet to a Rockland County Monument; thence
558. s 15°07’45” W distant 347.81 feet; thence

 

3. Along the northerly line of lands n/f Arri Inc. (Tax Lot 65.19-1-1), N 71°15’00” W distant.694.10 feet to an iron rebar, and a non-tangent point on a curve; thence

 

4. Along the easterly right of way of NYS Route 303, the following three courses and distances:

 

668. Northeasterly, on a curve to the left having a radius of 1,668.11 feet and an arc length of 433.71 feet,  with a chord bearing of N 31°08’32” E; thence
669. N 23°49’34” E distant 630.00 feet to a point of curvature; thence
670. Northeasterly, on a curve to the left having a radius of 1,678 feet and an arc length of 583.39 feet, back to the point or place of BEGINNING.

 

Section 2: This law shall take effect immediately upon filing with the Secretary of State.

 

RESOLUTION NO. 366                                          SET PUBLIC HEARING DATE AMENDING ZONING MAP/ REYERSON FARMS LLC / 636 GREENBUSH ROAD BLAUVELT / 65.15/1/1

 

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

 

RESOLVED that the Town Board will hold a public hearing on September 3, 2019 at 8:05 p.m., on a proposed Local Law, as follows, amending Chapter 43 § 2.2, establishing the Town Zoning Map, to change the zoning district of the parcel known as 636 Greenbush Road, Blauvelt, New York, identified as tax lot section 65.15 Block 1 Lot 1, in the hamlet of Blauvelt from “LO” (Laboratory Office) and “R-40” (Low Density Residence) to “MFR” (Multi Family Residence).

 

Ayes:      Councilpersons Bottari, Troy

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

RESOLUTION NO. 367                                          REAPPOINT / FRED CHADWICK / MEMBER / ORANGETOWN SANITATION COMMISSION / FIVE YEAR TERM

 

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

 

RESOLUTION NO. 367 – Continued

 

RESOLVED, that upon the approval of the Town Board, reappoint Fred Chadwick, as a member to the Orangetown Sanitation Commission, for a five (5) year term, effective June 1, 2019 through December 31, 2024.

 

Ayes:      Councilpersons Bottari, Troy

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

RESOLUTION NO. 368                                          REAPPOINT CHRISTOPHER HUBER  MEMBER OF THE SANITATION COMMISSION / FIVE YEAR TERM

 

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

 

RESOLVED, that upon the approval of the Town Board, reappoint Christopher Huber, as a Member of the Orangetown Sanitation Commission, for a (5) five year term, effective July 23, 2019 through December 31, 2024.

 

Ayes:      Councilpersons Troy, Bottari

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

RESOLUTION NO. 369                                          SET PUBLIC HEARING DATE  PROPOSED TRANSIT ORIENTED DEVELOPMENT (TOD) ZONING ORDINANCE / PEARL RIVER

 

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

 

RESOLVED, that the Town Board will hold a public hearing on September 3, 2019 at 8:15 p.m., regarding the proposed TOD zoning ordinance for Pearl River, New York.

 

Ayes:      Councilpersons Bottari, Troy

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

RESOLUTION NO. 370                                          MEMORIALIZING RESOLUTION OPPOSING THE NEW TAPPAN ZEE BRIDGE TOLL INCREASES

 

Supervisor Day, Councilmen Troy and Bottari offered the following resolution, which was seconded by Supervisor Day, Councilmen Troy and Bottari and was unanimously adopted:

 

WHEREAS, the new Tappan Zee Bridge terminates within the Town of Orangetown, and

 

WHEREAS, many residents within the Town of Orangetown rely on the bridge and its predecessor to commute to their jobs, and

 

WHEREAS, Orangetown, and Rockland County generally, are substantially underserved in terms of public transportation alternatives to vehicular travel, making us more reliant on the bridge, and

 

WHEREAS, businesses in Orangetown and Rockland County depend on visitors from the eastern side of the Hudson for substantial revenue, and

 

RESOLUTION NO. 370 – Continued

 

WHEREAS, the current toll on the bridge is $5 cash for all passenger vehicles, and

 

WHEREAS, the NYS Thruway Authority is considering a potential increase in toll prices for the crossing through its Tolls Advisory Panel,

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Orangetown hereby calls upon the NYS Thruway Authority and its Tolls Advisory Panel to keep the toll on the new bridge at the same level as it is currently for all travelers, and

 

BE IT FURTHER RESOLVED, that should the Tolls Advisory Panel recommend an increase, they also recommend that residents of Rockland and Westchester Counties be given a separate, lower toll, set equal to the current toll on the bridge, in order to facilitate economic activity and commuting within the Lower Hudson Valley, and

 

BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to send a copy of this resolution to the Hon. Andrew M. Cuomo, Governor of the State of New York; Hon. David Carlucci, Hon. William J. Larkin, Jr., New York State Senators; Hon. Kenneth P. Zebrowski, Jr., Hon. Ellen C. Jaffee, and Hon. James G. Skoufis, Members of the New York State Assembly; the President Pro Tem of the New York State Senate; the Speaker of the New York State Assembly; the Majority and Minority Leaders of the New York State Senate and Assembly; the NYS Thruway Authority Executive Director Matthew J. Driscoll, all members of Tolls Advisory Panel (Robert Megna, Heather Briccetti, and Mario Cilento), and to such other persons as the Clerk, in her discretion, may deem proper in order to effectuate the purpose of this resolution.

 

Ayes:      Supervisor Day

Councilpersons Troy, Bottari

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

RESOLUTION NO. 371                                          2019 SEWER REGISTRATION

 

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

 

RESOLVED, that upon the recommendation of the Town Attorney and the Commissioner of the Department of Environmental Management and Engineering, a Certificate of Registration for 2019 Sewer Work is approved to:  King Excavating LLC, 113 Lake Road, Valley Cottage, NY

 

Ayes:      Councilpersons Troy, Bottari

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

RESOLUTION NO. 372                                          LEND ASSISTANCE / 2019 TAPPAN COLONIAL DAY / DEWINDT HOUSE

 

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

 

RESOLVED, upon the recommendation from the Superintendent of Highways and Chief of Police, that the Town Board hereby authorizes these departments to lend assistance which includes the use of six (6) metal, recycling kiosks from the Highway Department and No Parking Signs from the Police Department, for Tappan’s 2019 Colonial Day to be held on Saturday, September 28, 2019, from 8 am to 6 pm at the Dewindt house, Tappan.

 

Ayes:      Councilpersons Bottari, Troy

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

RESOLUTION NO. 373                                          2019 – 2020 RENEWAL AGREEMENT  JOHNSON CONTROLS INC. / HVAC AND MECHANICAL SERVICES / TOWN HALL BUILDING

 

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

 

WHEREAS, pursuant to Town Board resolution 2016-368 the Town entered into an agreement with Johnson Controls Inc, for HVAC and Mechanical Services in Town Hall for the period of August 1, 2016 through July 31, 2018, which contained an option to extend the agreement under the same terms and conditions and

 

WHEREAS, pursuant to Town Board Resolution 2018-461, the Town Board approved extending the Agreement for a one year term as provided for in the Agreement and Request for Proposals for the period of August 1, 2018 through July 31, 2019 and

 

WHEREAS, the Town and Johnson Controls Inc. have mutually agreed to extend their current agreement for HVAC BMS Services for the period of August 1, 2019 through July 31, 2020 as authorized by the existing agreement,

 

NOW THEREFORE BE IT RESOLVED, upon the recommendation of the Superintendent of Parks and Recreation, authorize the extension of the previously approved Maintenance Agreement for HVAC & Mechanical Services in Town Hall with Johnson Controls Inc. of Hawthorne, NY under the same terms and conditions, for the period August 1, 2019 through July 31, 2020.

 

Ayes:      Councilpersons Troy, Bottari

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

 

RESOLUTION NO. 374                                          ACCEPT DONATION / MEMORIAL BENCH / CATHERINE CICALO

 

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

 

RESOLVED, that the Town Board hereby accepts with gratitude the donation of a memorial bench to be placed in a location to be determined. The inscription upon the bench will read: “In Memory of Catherine Cicalo”.

 

Ayes:      Councilpersons Bottari, Troy

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

 

RESOLUTION NO. 375                                          LEND ASSISTANCE / 2019 CEOL MOR BAGPIPES & DRUMS COMPETITION ROCKLAND COUNTY GAA FIELD

 

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

 

RESOLVED, upon the recommendation from the Superintendent of Highways, Parks and Chief of Police, that the Town Board hereby authorizes these departments to lend assistance which includes the use of thirty (30) barrels & a dumpster from the Highway Department, the use of the OMM Soccer Complex & SOLL Baseball Complex for additional parking from the Parks Department and Auxiliary Police Officers from Police Department, for the GAA Bagpipes & Drums

 

RESOLUTION NO. 375 – Continued

 

Competition to be held on Saturday, August 3, 2019, from 9 am to 8 pm at the Rockland County GAA Field.

 

Ayes:      Councilpersons Troy, Bottari

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

RESOLUTION NO. 376                                          PAY VOUCHERS

 

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

 

RESOLVED, upon the recommendation of the Finance Director, Jeff Bencik, the Finance Office is hereby authorized to pay vouchers for a total amount of two (2) warrants for a total of $1,390,905.64.

 

Ayes:      Councilpersons Troy, Bottari

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

RESOLUTION NO. 377                                          ENTER EXECUTIVE SESSION     PERSONAL MATTERS

 

In attendance, at this Executive Session, were Supervisor Day, Councilpersons Troy and Bottari, Amanda Hyland, Robert Magrino, Jeff Bencik and Donna Morrison.

 

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

 

RESOLVED, at 7:57 pm, the Town Board entered Executive Session to discuss personnel matters.

 

Ayes:      Councilpersons Bottari, Troy

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

 

RESOLUTION NO. 378                                          RE-ENTER RTBM

 

Supervisor Day offered the following resolution, which was seconded by Councilman Bottari and was unanimously adopted:

 

RESOLVED, at 8:07 pm, the Town Board re-entered the Regular Town Board Meeting.

 

Ayes:      Supervisor Day

Councilpersons Bottari, Troy

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

RESOLUTION NO. 379                                          OPEN PH / PROPOSED ZONE CHANGE  VACANT PROPERTY / CORNER OF MANOR BLVD. AND NORTH MIDDLETOWN ROAD, PR / FROM “CO” to “R-15” / 69.09-1-38

 

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

RESOLUTION NO. 379 – Continued

 

RESOLVED, that the public hearing is hereby opened.

 

Ayes:      Councilpersons Troy, Bottari

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

Rosanna Sfraga, Town Clerk, presented the Affidavit of Publication; Affidavit of Postings; Affidavit of Mailing and comments from Rockland County Department of Planning and Orangetown Planning Board (labeled Exhibit 07-A-19 and made a part of these minutes).

 

Summary of Public Comments:  None

 

RESOLUTION NO. 380                                          CLOSE PH / PROPOSED ZONE CHANGE VACANT PROPERTY / CORNER OF MANOR BLVD. AND NORTH MIDDLETOWN ROAD, PR / FROM “CO” TO “R-15” RESIDENTIAL ZONING  69.09-1-38

 

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

 

RESOLVED, that the public hearing is hereby closed.

 

Ayes:      Councilpersons Troy, Bottari

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

RESOLUTION NO. 381                                          ADOPT / NEGATIVE DECLARATION  AMENDING THE TOWN ZONING LAW  VACANT PROPERTY CORNER OF MANOR BLVD. AND N MIDDLETOWN ROAD, PR / FROM “CO” to “R-15” RESIDENTIAL ZONING / 69.09-1-38

 

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

 

WHEREAS, the Town Board has considered the adoption of an amendment to Chapter 43, § 2.2, of the Town Code, establishing the Town Zoning Map, to change the zoning classification of the parcel known as 268 North Middletown Road in the hamlet of Pearl River, tax lot Section 69.09 Block 1 Lot 38 from “CC” to “R-15”; and

 

WHEREAS, on or about, pursuant to Town Board Resolution 2019-301, the Town Board circulated amongst various potential interested agencies notice of its intention to assume Lead Agency status for the purpose of the environmental review of the above referenced action; and

 

WHEREAS, being the only Involved Agency, the Town Board hereby assumes the role of Lead Agency for environmental review; and

 

WHEREAS, acting in its capacity as Lead Agency for environmental review, and after taking 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 impact or effect caused or occasioned by the proposed change in the zoning classification of the subject parcel affected by the proposed Local Law,

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby adopts the Negative Declaration annexed hereto (Exhibit 07-B-19), and authorizes the Town Supervisor or his

RESOLUTION NO. 381 – Continued

 

designated agent to execute the Environmental Assessment Form and to take such other and further steps as may be necessary to discharge the Town Board’s responsibilities as Lead Agency.

 

Ayes:      Councilpersons Troy, Bottari

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

RESOLUTION NO. 382                                          ADOPT LOCAL LAW NO. 4 of 2019  AMENDING THE TOWN ZONING LAW   VACANT PROPERTY CORNER OF MANOR BLVD. AND N MIDDLETOWN ROAD, PR / FROM “CO” to “R-15” RESIDENTIAL ZONING / 69.09-1-38

 

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

 

WHEREAS, the Town Board of the Town of Orangetown (the “Town Board”) is the duly elected legislative body of the Town, authorized to adopt zoning text amendments to the Town’s Zoning Law; and

 

WHEREAS, the Town Board has considered the adoption of an amendment to Chapter 43, § 2.2 to change the zoning district of the parcel known as 268 North Middletown Road in the hamlet of Pearl River, tax lot 69.09 -1-38 being located in the “CO” (Commercial Office) zoning district, to change the zoning classification of the property to that of “R-15” (Medium Density Residence), a zoning district that already directly abuts the property, and

 

WHEREAS, by Resolution No. 301of 2019, after notice duly given, and there being no other involved agency, by resolution duly adopted this 23rd day of July, 2019, the Town Board assumed the role of Lead Agency under SEQRA for environmental review, and, acting in its capacity as such, concluded that there will be no significant environmental impact or effect caused or occasioned by the proposed change in the Town’s Zoning Law and determined the issuance of Negative Declaration is appropriate; and

 

WHEREAS, following due notice, a public hearing was conducted on the proposed zone change amendment; and

 

WHEREAS, the Board has concluded that the proposed zone change which changes the zoning classification of the subject parcel to a zoning district which already abuts the parcel due to a previous zone change, is consistent with the Town’s Comprehensive Plan wherein it indicates on page IV -2 that “encouraging additional residential uses along this roadway would also be beneficial, strengthening the roadway’s mixed-use character”, and otherwise is in the best interests of the Town and the owner of the parcel, who has requested the change of zoning classification; and

 

WHEREAS, the Town Planning Board, pursuant to Town Code Chapter 43, § 10.5, and the County Planning Department, pursuant to General Municipal Law §§ 239 l & m, have each reviewed the proposed law; and

 

WHEREAS, the Town Planning Board, by Memorandum, dated June 26, 2019, following due consideration at a public meeting held on the same date, has indicated that it does not object to the Town Board serving as Lead Agency on the matter and recommended:

 

-Access to the property should be off of Manor Boulevard

-The front of the house should be oriented toward Manor Boulevard; and

 

WHEREAS, the Town Board finds that amending the zoning classification of this property will not have a significant impact on traffic or emergency services in the area, and

 

 

RESOLUTION NO. 382 – Continued

 

WHEREAS, the County Department of Planning, by letter review dated July 3, 2019, has recommended modifications as set forth therein, including:

 

-That the GML Referral Letter dated June 7, 2019 referred to an incorrect zoning classification and wrong tax parcel and if the hearing were improperly noticed, it would have to be re-noticed. The Town Board finds that the hearing notices contained the proper zoning classification and tax lot number, thus obviating the need to re-notice the hearing;

 

-That if same that if the zone change is approved, then the Town of Orangetown must provide the Rockland County Planning Department with a copy of the resolution so that the updates can be implemented; The Town Board will direct the Town Clerk to send a copy of the resolution to the Rockland County Planning Department;

 

-That the Town should take a more comprehensive review of the area to determine if any other parcels beyond the subject site should also be changed to R-15; The Town Board has reviewed the zoning of the parcels in the area and finds that the remaining parcels along the eastern side of Middletown Road heading north towards the Route 304 interchange should not be changed based upon current conditions. The subject site is on the corner of Middletown Road and Manor Boulevard, was previously the site of a single family residence, the property to the immediate east on Manor Boulevard, and the remainder of the properties on Manor Boulevard are residential, thus this zone change would be a continuation of Manor Boulevard as a residential street, transitioning to Middletown Road, which has a mix of commercial and limited residential, thus further re-zoning on Middletown Road in the vicinity of the subject location is not called for at this time.

 

NOW, THEREFORE, BASED ON ALL OF THE INFORMATION BEFORE THE BOARD, AND THE FINDINGS MADE HEREIN, BE IT RESOLVED, that the Town Board hereby adopts the within Local Law, amending the Town Zoning Law, and the Town Zoning Map made a part of the Town Code at Chapter 43, § 2.2., and changes the zoning classification of the referenced parcel known as 268 North Middletown Road, Pearl River, tax lot 69.09/1/38 from “CO” to “R-15” subject to the conditions set forth below.

 

Ayes:      Councilpersons Troy, Bottari

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

TOWN OF ORANGETOWN

LOCAL LAW 4 OF 2019

 

Be it enacted by the Town Board of the Town of Orangetown as follows:

 

Section 1: The Zoning Map of the Town of Orangetown, which establishes the areas and boundaries of the various Town zoning districts, is hereby amended to change the zoning district of the following property:

 

268 North Middletown Road (Tax Map Designation Section 69.09 Block 1 Lot 38) from the “CO” (Commercial Office) zoning district to the “R-15″ (Medium Density Residence) zoning district, which metes and bounds description is as follows:

 

ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Orangetown, County of Rockland and State of new York, and more particularly bounded and described as follows: ..

 

BEGINNING at the intersection of the northerly side of Manor Boulevard with the easterly side of North Middletown Road; running thence along the easterly side of North Middletown Road, North 5 degrees 00′ 00″ East 100.00 feet to an iron pin and the southerly side of lands now or formerly of Ryan Associates; thence along the southerly line of lands now or formerly of Ryan Associates South 86 degrees 30′ 00″ East 200 feet to an iron pin and the westerly side of lands now or formerly of Bellew; thence along the westerly side of lands now or formerly of Bellew, South 5 degrees 00′ 00” West 100.00 feet to an iron pin set on the northerly side of Manor Boulevard; thence along the

LOCAL LAW 4, 2019 – Continued

 

northerly side of Manor Boulevard, North 86 degrees 30′ 00″ West. 200.00 feet to the easterly side of North Middletown Road, the point or place of BEGINNING.

 

Section 2: It is a specific condition of the grant of this zone change that any building erected on the property shall have its front entrance facing Manor Boulevard, and any vehicular and/or pedestrian access to the building shall be from Manor Boulevard. There shall be no access from the property directly on to Middletown Road.

 

Section 3: This law shall take effect immediately upon filing with the Secretary of State.

 

RESOLUTION NO. 383                                          OPEN CONTINUATION OF PH PROPOSED ZONE CHANGE / 564, 566, 568, 570, 572, 574, 576, AND 578 ROUTE 303, BLAUVELT (70.14-4-14-21) FROM “LO” TO “CC” (BIEBER)

 

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

 

RESOLVED, that the public hearing is hereby continued.

 

Summary of Public Comments:

Joseph Menschik, Blauvelt, is concerned that heavy traffic and trucks damaging the shared driveway.

 

Ayes:      Councilpersons Troy, Bottari

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

Rosanna Sfraga, Town Clerk, presented comment letters from Rockland County Department of Planning, Jane Slavin, Director of OBZPAE, and the Orangetown Planning Board (Exhibit 07-C-19).

 

 

RESOLUTION NO. 384                                          CONTINUE PH / PROPOSED ZONE CHANGE / 564, 566, 568, 570, 572, 574, 576, AND 578 ROUTE 303, BLAUVELT (70.14-4-14-21) FROM “LO” TO “CC” (BIEBER)

 

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

 

RESOLVED, that this public hearing is hereby continued to TBWS/RTBM September 17, 2019 at 8:05 P.M.

 

Ayes:      Councilpersons Troy, Bottari

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

 

RESOLUTION NO. 385                                          RE-ENTER EXECUTIVE SESSION     PERSONAL MATTERS

 

In attendance, at this Executive Session, were Supervisor Day, Councilpersons Troy and Bottari, Amanda Hyland, Robert Magrino, Jeff Bencik and Donna Morrison.

 

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

 

RESOLUTION NO. 385 – Continued

 

RESOLVED, at 9:05 pm, the Town Board re-entered Executive Session to discuss personnel matters.

 

Ayes:      Supervisor Day

Councilpersons Troy, Bottari

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

RESOLUTION NO. 386                                          RE-ENTER RTBM / ADJOURNED  MEMORY

 

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

 

RESOLVED, at 9:25 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of: Joseph Mandile, former retired employee of our Parks Department and US Navy Veteran who served during the Vietnam War; and John Moran, resident of Pearl River, and Army Veteran, and a member of the Teamsters Local 804, the American Legion Post 329, the AOH Division 5 and the Irish American Cultural Center.

 

Ayes:      Councilpersons Bottari, Troy

Supervisor Day

Noes:      None

Absent:   Councilpersons Diviny, Valentine

 

 

 

 

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      Rosanna Sfraga, Town Clerk