Meeting Overview

Meeting of April  13, 2016

Town of Orangetown  Planning  Board

 

MEMBERS PRESENT: Bruce Bond, Vice Chairman  Thomas  Warren;  Michael

Mandel;  Stephen  Sweeney,  Robert Dell and William  Young

 

MEMBERS ABSENT: Kevin Garvey,  Chairman

 

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

 

Bruce Bond, Vice-Chairman,   called the meeting to order at 7:30 p.m.

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

 

New Items:

SMK-Erie Subdivision

Recommendation   to the Town  Board to release the Performance  Bond

89 West  Erie Street Blauvelt

70.13/1/21;  R-15 zoning district

 

The Saloon Roof Plan

Prepreliminary/   Preliminary/

 

 

Postponed

 

 

Preliminary  Site

 

PB #16-16

 

 

 

PB#16-17

 

Final and SEQR  Review

45-49 West Central Avenue,  Pearl River

68.16/1 /9; CC zoning  district

Plan Approval  Subject to

Conditions/  Neg. Dec.

 

 

The Club at Pearl River Temporary  Lease Signs                           PB #16-18

Prepreliminary/   Preliminary/  Final Plan                Final Approval

and SEQR  Review                                                  Subject to Conditions

Blue Hill South & Veterans                                     Neg. Dec.

Memorial  Drive, Pearl River

73.10/1 /4; OP zoning  district

 

The Club at Pearl River Monument  Sign

Prepreliminary/   Preliminary/  Final Plan

 

Final Approval

PB #16-19

 

and SEQR  Review

Blue Hill South & Veterans

Memorial  Drive, Pearl River

73.10/1 /4; OP zoning  district

 

Verizon Wireless  Site Plan

Final Site Plan Review

Above  Ground  Fuel &

Secondary  Containment  System  Plan

2000 Corporate  Drive, Orangeburg

73.15/1/19;  LIO zoning  district

Subject to Conditions

Neg. Dec.

 

 

 

 

PB #16-20

Final Site Plan Approval

Subject to Conditions

 

 

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Continued items from November 9, 2015

Bailey‘s   Smoke  House Resubdivision   Plan                                       PB #11-49

Prepreliminary/ Preliminary/                               CONTINUED:

Final  Resubdivision   Plan                                     Revise  Plans & needs

and SEQRA Review                                            drainage

132  and 136 Erie Street,  Blauvelt

70.14/4/ 5 & 6;  CS zoning district

 

Bailey’s  Smoke  House Site Plan                                                          PB #11-50

Prepreliminary/   Preliminary  Site Plan                  CONTINUED:

and SEQRA Review                                          Revise  Plans  & needs

132,   136  & 140  Erie Street,  Blauvelt                  drainage

70.14/4/   5,  6 & 7;  CS zoning district

 

Other  Business:

Dominican   College Gymnasium Additoi n –  Hennessey  Student Center,   plan

revision  date of April 12,  2016:   The Board reviewed  and approved a minor modification of the proposed 2 story addition,  which was recently reapproved  on January  13,  2016  as PB #16-02.    The building   addition is now 19,030  square feet; slightly  larger  than the 18,040   square feet originally  approved by the Board.

The Board held that the  change  was insignificant   in term of having  to reappear as

a formal  item.   The applicant  stated that the reason for this  change is to accommodate  the internal  layout of the building.

 

The decisions  of the March 23,  2016 Planning  Board Meeting  was reviewed, edited,   and approved. The motion for adoption was made and moved by Stephen Sweeney and seconded by Thomas Warren and carried as follows: Kevin  Garvey, Chairman,  absent;  Bruce Bond, Vice Chairman, aye;  Michael Mandel,  aye,  William Young,  aye;  Robert Dell,  aye;  Stephen Sweeney, aye and Thomas Warren, aye.

 

 

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

 

Since  there was no further business   to come before the Board, a motion to adjourn the meeting  was made by Michael   Mandel and seconded by Stephen Sweeney and agreed to by all  in  attendance.  The meeting was adjourned at 9:45  p.m.    The next Planning  Board meeting is  scheduled for April 27,  2016.

 

DATED:  April 13, 2016              fJ U.   ,,    .        0   ~~        ~

.Cheryl Coopersmith               ~‘~                           (

Chief  Clerk  Boards and Commissions

 

 

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TO: FROM:

Bridget Killen, 45-49 West Central Avenue, Pearl River, New York

Orangetown Planning Board

 

 

RE:               The Saloon Roof Plan: The application of Bridget Killen, owner, for Prepreliminary/ Preliminary/ Final Roof Plan Review, at a site known as “The Saloon Roof Plan”,  in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown, Chapter 21A of the Code of the Town of Orangetown and to determine the environmental significance of the application pursuant to the requirements of the New York State Environmental Quality Review Act. The site is located at 45-49

West Central Avenue, Pearl River, Town of Orangetown, Rockland County, New

York, and as shown on the Orangetown Tax Map as Section 68.16, Block 1, Lot

9 in the CC zoning district.

 

Heard by the Planning Board of the Town of Orangetown at a meeting held Wednesday, April  13, 2016 at which time the Board made the following determinations:

 

Bridget Killen and Donald Brenner appeared and testified. The Board received the following communications:

1. A Project Review Report dated April 6, 2016.
2. An Interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by John Giardiello, P.E., Director, dated April 13, 2016.
3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated April 7, 2016.
4. A letter from the Rockland County Department of Planning, signed by Douglas

Schutz, Acting Commissioner, dated April 6, 2016.

5. Letters from Rockland County Department of Health, signed by Scott McKane, P.E., Senior Public Health Engineer, dated March 21, 2016.
6. A letter from the Rockland County Sewer District, signed by Joseph LaFiandra, Engineer II, dated March 31, 2016.
7. Letters from the New York State Department of Environmental Conservation, signed by Jean McAvoy, Region 3, Division of Environmental Permits, dated April 5, 2016.
8. A letter from the Town of Orangetown Zoning Board of Appeals, signed by

Daniel Sullivan, Chairman, dated March 16, 2016.

9. A Short Environmental Assessment Form signed by Donald Brenner, dated

March 10, 2016.

10. Copy of PB #15-13, Final Site Plan Approval Subject to Conditions, dated

March 11, 2015.

 

 

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11. Plans prepared by Barbara Marks, Architect,  dated  March 26, 2014,  revised

December  16, 2015,  unless  noted:

Drawing  BDO: Notes, Zoning  and Plot Plan

Drawing  BD1: Exit/ Demo Basement,  1st,  2nd & Roof Plans

Drawing  BD2: Proposed  1st, 2nd  Floor Plans, revised January  13, 2015

Drawing  BD3: Proposed  Roof Plans & Details,  revised  March 8, 2016

Drawing  BD4: Proposed  Exterior  Elevations

12. Copy of Building Permit Referral,  dated January  5, 2016, signed  by Rick

Oliver, Building  Inspector.

 

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

 

 

A motion was made to close the Public Hearing  portion of the meeting  by Bruce Bond and seconded  by Thomas  Warren  and carried  as follows: Kevin Garvey,  Chairman,  absent;  Bruce Bond, Vice Chairman,  aye; William  Young,  aye; Robert  Dell, aye; Stephen  Sweeney,  aye;

Michael  Mandel, aye and Thomas  Warren,  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

SEQ RA.

 

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

Michael  Mandel,  aye and Thomas  Warren,  aye; the Board declared  itself Lead

Agency.

 

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

 

After  having identified  the relevant  areas of environmental   concern,  namely drainage,  surface water runoff,  land clearing,  vegetation,  fauna,  traffic and noise levels, and after having taken  a hard look at said environmental   issues, and after having deliberated  regarding  such concerns,  and having heard from the

 

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applicant,  the applicant’s  professional  representatives,   namely  by Barbara  Marks, 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 #1, New York

State Department  of Environmental  Conservation,   and having reviewed  a Plan by

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

SEQ RA.

 

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DECISION: In view of the foregoing  and the testimony  before the Board, the application  was Granted a Preliminary  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 application is for a rooftop extension; therefore the footprint of the building will remain unchanged.

 

4. The following variances from the Town of Orangetown Zoning Board of

Appeals need to be sought:

Floor area ratio of 0.3 is allowed, 0.85 exists and the proposed floor area ratio in not on the plan. The Zoning Bulk Table shall be amended on the Site Plan to reflect this new variance.  In addition, the Bulk Table shall reflect the Zoning Board of Appeals variances that were granted as part of decision ZA #14-78.

 

5. The parapet with trellis shall be designed in accordance with the New York

State Building Codes.

 

6. The Short Environmental Assessment, item 5b, shall be answered “Yes”;

otherwise it appears to be in order.

 

7. The applicant’s engineer shall calculate the total area of disturbance.

 

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

1) An updated review must be completed by the County of Rockland

Department of Highways and all required permits obtained.

 

2) An updated review must be completed by the New York State

Department of Transportation and any required permits obtained.

 

3) Since outdoor seating is not proposed, exterior lighting will need to be provided on the rooftop. All lighting must be directed so as not to cause a glare to vehicles on either the State or County highway.

 

4) There are no parking standards provided or parking spaces allocated on the plans for the site. The parking requirements for a restaurant/bar are one space for every 100 square feet of gross floor area. Since the floor area would be increased with the rooftop seating area, then the parking requirement will also be increased. The applicant must provide parking calculations on the site plan, showing both what is required and proposed. In addition, it must be noted how many on-site and off-site spaces are provided. Lastly, the Town Planning Board must be satisfied that there are sufficient parking spaces off-site to serve the needs of this restaurant and other commercial establishments in the neighborhood.

 

5) If any variances are needed to implement the proposed site plan, the Rockland County Department of Planning requests the opportunity to review the proposed variances, as required by New York State General Municipal Law, Section 239-m(3)(v).

 

 

 

9. Based on the information provided, there are no Rockland County Health

Department approvals needed for this project.

 

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. The New York State Department of Environmental Conservation reviewed the plans and there are no water bodies that appear on its regulatory maps, the site is not within a New York State Freshwater Wetlands, and no records of sensitive resources were identified. This project is not within the NYCDEP East of Hudson Watershed or appear to involve disturbance of 1 acre or more and therefore, no SPDES Stormwater Permit is required.

 

 

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

Board assuming responsibilities of lead agency for SEQRA purposes:

– Town of Orangetown Zoning Board of Appeals

–  Rockland County Sewer District #1

–  Rockland County Department of Health

–  New York State Department of Environmental Conservation

 

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:

 

1. No construction equipment shall be parked under the tree canopy.
2. There will be no excavation or stockpiling of earth underneath the trees. c. 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% inch of plywood or boards, or equal over the area to be protected.

 

 

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Continuation  of Condition  #16 …

 

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.

 

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, encounters such conditions as flood areas, underground water, soft or silty areas, improper drainage, or any other unusual circumstances or conditions that were not foreseen in the original planning, such conditions shall be reported immediately to DEME. The applicant shall submit their recommendations as to the special treatment to be given such areas to secure adequate, permanent and satisfactory construction. DEME shall investigate the condition(s), and shall either approve the applicant’s recommendations to correct the condition(s), or order a modification thereof. In the event of the applicant’s disagreement with the decision of DEME, or in the event of a significant change resulting to the subdivision plan or site plan or any change that involves a wetland regulated area, the matter shall be decided by the agency with jurisdiction in that area (i.e. Wetlands – U.S. Army Corps of Engineers).

 

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

 

 

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22. 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 Thomas  Warren  seconded  by

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

 

Dated:  April  13, 2016   /1 ~,, ~      () G- Cheryl   Coopersmith ~~ I

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

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Chief Clerk   Boards  and Commissions

attachment

 

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State Environmental  Quality  Review Regulations

NEGATIVE DECLARATION

Notice of Determination  of Non-Significance

 

PB #16-17: The Saloon Roof Plan –  Preliminary  Site Plan Approval  Subject to Conditions/  Neg. Dec.

 

This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Regulation) of the Environmental Conservation Law.

The PLANNING BOARD, TOWN OF ORANGETOWN, as Lead Agency, has determined that the proposed action described below will not have a significant impact on the environment and a Draft Environmental Impact Statement will not be prepared.

NAME OF ACTION: The Saloon Roof Plan-   Preliminary  Site Plan Approval

Subject to Conditions/  Neg. Dec. SEQR STATUS:     Type I

Unlisted XXXXXX

CONDITIONED NEGATIVE DECLARATION: Yes —

No  XXXXXX

 

DESCRIPTION OF ACTION: The Saloon Roof Plan –  Preliminary  Site Plan

Approval  Subject to Conditions/  Neg. Dec.

LOCATION: The site is located at 45-49 West Central Avenue, Pearl River, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 68.16, Block 1, Lot 9 in the CC zoning district.

 

REASONS SUPPORTING THIS DETERMINATION:

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

The project will not have a significant impact upon the environment and a DEIS need not be prepared because the proposed action does not significantly affect air quality, surface or ground water quality, noise levels or existing external traffic patterns. In addition, it will have no impact upon the aesthetic, agricultural or cultural resources of the neighborhood. No vegetation, fauna or wildlife species will be affected as a result of this proposed development. The proposed action is consistent with the Town of Orangetown’s Master Plan and will not have any adverse economic or social impacts upon the Town or its businesses or residences.

If Conditioned Negative Declaration, the specific mitigation is provided on an attachment.

For Further Information contact:

John Giardiello, P.E., Director, Office of Building, Zoning and Planning

Administration and Enforcement

Town of Orangetown

20 Greenbush Road

Orangeburg, NY 10962

Telephone Number: 845-359-5100

For Type I  Actions and Conditioned Negative Declarations, a copy of this notice is sent: – Commissioner, New York State Department of Environmental Conservation, – Region 3 Headquarters, NYSDEC, – Town Supervisor, Applicant

– Involved Agencies

 

 

 

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TO: FROM:

Donald Brenner, 4 Independence Avenue, Tappan, New York

Orangetown Planning Board

 

 

RE:               The Club at Pearl River Temporary Lease Signs Plan: The application of Pearl River Veterans, LLC, owner, for Prepreliminary/ Preliminary/ Final Sign Plan Review, at a site  known as “The Club at Pearl River

Temporary  Lease Signs Plan”,  in accordance with Article 16 of the Town Law

of the State of New York, the Land Development Regulations of the Town of Orangetown, Chapter 21A of the Code of the Town of Orangetown and to determine the environmental significance of the application pursuant to the requirements of the New York State Environmental Quality Review Act. The site is located at Blue Hill South and Veterans Memorial Drive, Pear River, Town of

Orangetown, Rockland County, New York, and as shown on the Orangetown Tax

Map as Section 73.10, Block 1, Lot 4 in the OP zoning district.

 

Heard by the Planning Board of the Town of Orangetown at a meeting held Wednesday, April  13, 2016, at which time the Board made the following determinations:

 

Donald Brenner and Al Savincki appeared and testified. The Board received the following communications:

1. A Project Review Report dated April 6, 2016.
2. An Interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by

John Giardiello, P.E., Director, dated April 13, 2016.

3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated April 7, 2016.
4. A letter from the Rockland County Department of Planning, signed by Arlene Miller for Douglas Schuetz, Deputy Commissioner of Planning, dated April 11, 2016.
5. A letter from Rockland County Department of Highways, signed by Sonny Lin, P.E., dated April 13, 2016.
6. Letters from Rockland County Department of Health, signed by Scott McKane, P.E., Senior Public Health Engineer, dated March 17 & 21, 2016.
7. A letter from the Rockland County Sewer District, signed by Joseph LaFiandra, Engineer II, dated March 31, 2016.
8. A letter from the Town of Orangetown Zoning Board of Appeals, signed by

Daniel Sullivan, Chairman, dated March 16, 2016.

9. A Short Environmental Assessment Form signed by Donald Brenner, March 10, 2016.
10. Sign Site Plan noting locations of proposed signs.
11. Copy of Building Permit Referral, dated February 4, 2016, signed by

Glen Maier, Building Inspector.

 

 

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12. An Executive Summary prepared by the Applicant.

 

The Board reviewed the plan. The item was then open to the Public,

 

A motion was made to close the Public Hearing portion of the meeting by Michael Mandel and seconded by Thomas Warren and carried as follows: Kevin Garvey, Chairman, absent; Bruce Bond, Vice Chairman, aye; Michael

Mandel, aye; William Young, aye; Robert Dell, aye; Stephen Sweeney, aye; and

Thomas Warren, 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 Stephen Sweeney and carried as follows: Kevin Garvey, Chairman, absent; Bruce Bond, Vice Chairman, aye; William Young, aye; Robert Dell, aye; Stephen Sweeney, aye; Michael Mandel, aye and Thomas Warren, aye, the Board declared itself Lead Agency.

 

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

 

After having identified the relevant areas of environmental concern, namely drainage, surface water runoff, land clearing, vegetation, fauna, traffic and noise levels, and after having taken a hard look at said environmental issues, and after having deliberated regarding such concerns, and having heard from the

applicant, the applicant’s professional representatives, 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

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

 

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• Will not significantly affect existing air quality or noise levels;
• Will not significantly affect existing surface water quality or quantity or drainage;
• Will not significantly affect existing ground water quality or quantity;
• Will not significantly affect existing traffic levels;
• Will not create a substantial increase in solid waste production;
• Will not create a potential for erosion, flooding, leaching or drainage problems;
• Will not have a significant adverse impact on the environmental characteristics of our critical environmental area or environmentally sensitive sites or features;
• Will not have an impairment of the character or quality of important historical, archeological or architectural resources; -Will not have an impairment of the character or quality of important aesthetic resources;
• Will not have an impairment of existing community or neighborhood character;
• Will not remove or destroy large quantities of vegetation or fauna;
• Will not remove or destroy large quantities of wildlife species or migratory fish;
• Will not have a significant adverse impact to natural resources;
• Is consistent with the Town of Orangetown’s Comprehensive/Master Plan;
• Will not have adverse economic or social impacts upon the Town;
• Will not create a hazard to human health; and
• Will not create a substantial change in the use of land, open space or recreational resources.

 

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

 

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

 

1. The following note shall be placed on the Site Plan: “At least

one week prior to the commencement of any work, including the installation of erosion control devices or the removal of trees and vegetation, a

pre-construction meeting must be held with the Town of Orangetown Department of Environmental Management and Engineering, Superintendent of Highways

and the Office of Building, Zoning and Planning Administration and Enforcement. It is the responsibility and obligation of the property owner to arrange such a meeting”.

 

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

 

3. The length of time for the temporary leasing sign shall be for two (2) years. In the event additional time is required, the applicant shall reappear in front of the Planning Board for an extension in time.

 

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

 

• A review must  be completed  by the  Rockland County  Department of Highways to ensure that the placement of the signs does not impeded sight distance. Any required permits must be obtained.

 

5. The Rockland County Department of Highway reviewed the proposed action and based upon the site plans and information submitted, the site is located at Blue Hill South Road and Veterans Memorial Drive, both of them are county roads. It is recommended the proposed signs to be located on the inside face of the easement line or designated street line. Sight line should not be obstructed. Furthermore, the sign shown with pillars should be a break away type with a sign support post, an anchor post and a breakaway component. A Rockland County Highway Department Work Permit will be required for the proposed development prior to any construction on site.

 

6. Based on the information provided, there are no Rockland County Health

Department approvals needed for this application.

 

7. The Rockland County Sewer District #1 does not object to the plan as shown. This project does not affect any sanitary sewers within the District and request no future correspondence for this site.

 

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

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

 

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

 

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

Board assuming responsibilities of lead agency for SEQRA purposes:

– New York State Department of Environmental Conservation

– Town of Orangetown Zoning Board of Appeals

– Rockland County Department of Health

– Rockland County Department of Highways

– Rockland County Sewer District No. 1

 

11. 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.

 

12. TREE PROTECTION: The following note shall be placed on the Site Plan: The Tree Protection and Preservation Guidelines adopted

pursuant to Section 21-24 of the Land Development Regulations of the Town of

Orangetown will be implemented in order to protect and preserve both individual specimen trees and buffer area with many trees. Steps that will be taken to reserve and protect existing trees to remain are as follows:

 

1. No construction equipment shall be parked under the tree canopy.
2. There will be no excavation or stockpiling of earth underneath the trees.
3. Trees designated to be preserved shall be marked conspicuously on all sides at a 5 to 10 foot height.
4. The Tree Protection Zone for trees designated to be preserved will be established by one of the following methods:

– One (1) foot radius from trunk per inch DBH

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

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

 

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Continuation  of Condition  #12 …

 

– Light Impacts Only –  Installation of% inch of plywood or boards, or equal over the area to be protected.

 

The builder or its agent may not change grade within the tree protection zone of a preserved tree unless such grade change has received final approval from the Planning Board. If the grade level is to be changed

more than six (6) inches, trees designated to be preserved shall be welled and/or preserved in a raised bed, with the tree well a radius of three (3) feet larger than the tree canopy.

 

13. All landscaping shown on the site plans shall be maintained in a vigorous growing condition throughout the duration of the use of this site. Any plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season.

 

14. Prior to the commencement of any site work, including the removal of trees, the applicant shall install the soil erosion and sedimentation control as required by the Planning Board. Prior to the authorization to proceed with any phase of the site work, the Town of Orangetown Department of Environmental Management and Engineering (DEME) shall inspect the installation of all required soil erosion and sedimentation control measures. The applicant shall contact DEME at least 48 hours in advance for an inspection.

 

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

 

16. If the applicant, during the course of construction, encounters such conditions as flood areas, underground water, soft or silty areas, improper drainage, or any other unusual circumstances or conditions that were not foreseen in the original planning, such conditions shall be reported immediately to DEME. The applicant shall submit their recommendations as to the special treatment to be given such areas to secure adequate, permanent and satisfactory construction. DEME shall investigate the condition(s), and shall either approve the applicant’s recommendations to correct the condition(s), or order a modification thereof. In the event of the applicant’s disagreement with the decision of DEME, or in the event of a significant change resulting to the subdivision plan or site plan or any change that involves a wetland regulated area, the matter shall be decided by the agency with jurisdiction in that area (i.e. Wetlands – U.S. Army Corps of Engineers).

 

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

 

18. 18. Prior (at least 14 days) to the placing of any road sub-base,  the applicant shall  provide the Town of Orangetown Superintendent of Highways  and DEME with a plan  and profile  of the graded road to be paved in order that these departments may review the drawings conformance to the approved construction plans and the  Town Street Specifications

 

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

 

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

 

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

 

 

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Dated:  April  13, 2016                     ~                           11       .              –         ~

Cheryl  Coopersmith                                                  LeD

Chief Clerk  Boards and Commissions

 

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State  Environmental     Quality   Review  Regulations

NEGATIVE  DECLARATION

Notice  of Determination    of Non-Significan.ce

 

PB #16-18:  The Club  at Pearl  River  Temporary    Lease  Signs:   Final  Approval

Subject   to Conditions

 

 

This notice is issued pursuant  to Part 617 of the implementing  regulations pertaining  to Article 8 (State  Environmental  Quality  Review  Regulation)  of the Environmental  Conservation  Law.

The PLANNING  BOARD, TOWN  OF ORANGETOWN,   as Lead Agency,  has

determined  that the proposed  action described  below will not have a significant impact on the environment  and a Draft Environmental   Impact Statement  will not be prepared.

 

NAME OF ACTION:  The Club  at Pearl  River  Temporary    Lease  Signs:   Final

Approval   Subject   to Conditions

 

 

SEQR STATUS:          Type  I                                               Unlisted XXXXXX

CONDITIONED  NEGATIVE  DECLARATION:    Yes                 No   XXXXXX DESCRIPTION   OF ACTION:  Temporary    Lease  Signs  Review

LOCATION:  The site is located at Blue Hill South and Veterans  Memorial  Drive, Pear River, Town of Orangetown,  Rockland  County,  New York, and as shown on the Orangetown  Tax Map as Section  73.10,  Block 1, Lot 4 in the OP zoning district.

 

REASONS  SUPPORTING  THIS  DETERMINATION:

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

The project will not have a significant  impact upon the environment  and a DEIS need not be prepared  because the proposed  action does not significantly  affect air quality, surface  or ground water quality,  noise levels or existing  external  traffic patterns.  In addition,  it will have no impact  upon the aesthetic,  agricultural  or cultural  resources  of the neighborhood.   No vegetation,  fauna  or wildlife  species will be affected  as a result of this proposed  development.  The proposed  action is consistent  with the Town of Orangetown’s   Master  Plan and will not have any adverse  economic  or social impacts  upon the Town or its businesses  or residences.

If Conditioned  Negative  Declaration,  the specific  mitigation  is provided  on an attachment.

For Further  Information  contact:

John Giardiello,  P.E., Director,  Office of Building,  Zoning  and Planning Administration   and Enforcement;  Town of Orangetown;  20 Greenbush  Road Orangeburg,  NY 10962; Telephone  Number:  845-359-5100

For Type  I  Actions  and Conditioned  Negative  Declarations,  a copy of this notice is sent: – Commissioner,   New York State  Department  of Environmental Conservation,  – Region 3 Headquarters,   NYSDEC,  – Town Supervisor,  Applicant

– Involved Agencies

 

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TO: FROM:

Donald Brenner, 4 Independence Avenue, Tappan, New York

Orangetown Planning Board

 

RE:               The Club at Pearl River Temporary Lease Signs Plan: The application of Pearl River Veterans, LLC, owner, for Prepreliminary/ Preliminary/ Final Sign Plan Review, at a site  known as “The Club at Pearl River

Monument Sign Plan”,  in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown, Chapter 21A of the Code of the Town of Orangetown and to determine the environmental significance of the application pursuant to the requirements of the New York State Environmental Quality Review Act. The site is located at Blue Hill South and Veterans Memorial Drive, Pear River, Town of

Orangetown, Rockland County, New York, and as shown on the Orangetown Tax

Map as Section 73.10, Block 1, Lot 4 in the OP zoning district.

 

Heard by the Planning Board of the Town of Orangetown at a meeting held Wednesday, April  13, 2016, at which time the Board made the following determinations:

 

Donald Brenner and Al Scavincki appeared and testified. The Board received the following communications:

1. A Project Review Report dated April 6, 2016.
2. An Interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by John Giardiello, P.E., Director, dated April 13, 2016.
3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated April 7, 2016.
4. A letter from the Rockland County Department of Planning, signed by

Arlene Miller, for Douglas Schuetz, Deputy Commissioner of Planning, dated

April 11, 2016.

5. A letter from Rockland County Department of Highways, signed by Sonny Lin, P.E., dated April 13, 2016.
6. Letters from Rockland County Department of Health, signed by Scott McKane, P.E., Senior Public Health Engineer, dated March 17, 2016.
7. A letter from the Rockland County Sewer District, signed by Joseph LaFiandra, Engineer II, dated March 31, 2016.
8. A letter from the Town of Orangetown Zoning Board of Appeals, signed by

Daniel Sullivan, Chairman, dated March 16, 2016.

9. A Short Environmental Assessment Form signed by Donald Brenner, dated

March 10, 2016.

10. Sign Plans.
11. Copy of Building Permit Referral, dated February 4, 2016, signed by

Glen Maier, Building Inspector.

 

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12. An Executive Summary prepared by the Applicant.

The Board reviewed the plan. The meeting was then open to the public. A motion was made to close the Public Hearing portion of the meeting by

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

Michael Mandel, aye; William Young, aye; Robert Dell, aye; Stephen Sweeney, aye; and Thomas Warren, 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 Thomas Warren and carried as follows: Kevin Garvey, Chairman, absent; Bruce Bond, Vice Chairman, aye; William Young, aye; Robert Dell, aye; Stephen Sweeney, aye; Michael Mandel, aye and Thomas Warren, aye, the Board declared itself Lead Agency.

 

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

 

After having identified the relevant areas of environmental concern, namely drainage, surface water runoff, land clearing, vegetation, fauna, traffic and noise levels, and after having taken a hard look at said environmental issues, and after having deliberated regarding such concerns, and having heard from the

applicant, the applicant’s professional representatives, 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 Sewer District No. 1, Rockland County Department of Health, Rockland County Department of Highways and having reviewed the Site Plan and a summary of the reasons supporting this determination are, and the Planning Board finds that the

proposed action:

 

 

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• Will not significantly affect existing air quality or noise levels;
• Will not significantly affect existing surface water quality or quantity or drainage;
• Will not significantly affect existing ground water quality or quantity;
• Will not significantly affect existing traffic levels;
• Will not create a substantial increase in solid waste production;
• Will not create a potential for erosion, flooding, leaching or drainage problems;
• Will not have a significant adverse impact on the environmental characteristics of our critical environmental area or environmentally sensitive sites or features;
• Will not have an impairment of the character or quality of important historical, archeological or architectural resources; -Will not have an impairment of the character or quality of important aesthetic resources;
• Will not have an impairment of existing community or neighborhood character;
• Will not remove or destroy large quantities of vegetation or fauna;
• Will not remove or destroy large quantities of wildlife species or migratory fish;
• Will not have a significant adverse impact to natural resources;
• Is consistent with the Town of Orangetown’s Comprehensive/Master Plan;
• Will not have adverse economic or social impacts upon the Town;
• Will not create a hazard to human health; and
• Will not create a substantial change in the use of land, open space or recreational resources.

 

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

 

 

 

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

 

1. The following note shall be placed on the Site Plan: “At least

one week prior to the commencement of any work, including the installation of erosion control devices or the removal of trees and vegetation, a

pre-construction meeting must be held with the Town of Orangetown Department of Environmental Management and Engineering, Superintendent of Highways

and the Office of Building, Zoning and Planning Administration and Enforcement. It is the responsibility and obligation of the property owner to arrange such a meeting”.

 

 

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Page 4 of7

 

 

 

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

 

3. The monument sign is proposed at the entrance along Blue Hill south. Show this permanent sign location on the Site Plan.

 

4. Provide the Setbacks for the sign in a Zoning Bulk Table, such as required setbacks and proposed setbacks.

 

5. Sight distances lines shall be provided on the Site Plan at the proposed monument sign location.

 

6. It appears the monument sign is proposed within the street right of way. If it is in the street right of way, then approval from the Rockland County Highway Department is required and the Short Environmental Assessment Form (SEAF) shall be amended, item #2 to include the Rockland county Highway Department. Please clarify.

 

7. Except for item #2 of the SEAF, as described in condition #6, the SEAF

appears to be in order.

 

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

 

• It is difficult to determine the location of the proposed monument sign based on the plans submitted. A detailed plan must be provided showing the location of the sign, and the setback distance from South Blue Hill Road, a County Highway. The sign must be kept out of the county right of way.
• A review must be completed by the County of Rockland Department of Highway to ensure that the proposed monument sign does not impeded sight distance. Any raised comments or concerns must be addressed. All required permits must be obtained.

 

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Page ser 7

 

 

 

9. The Rockland County Department of Highway reviewed the proposed action and based upon the site plans and information submitted, the site is located at Blue Hill South Road and Veterans Memorial Drive, both of them are county roads. It is recommended the proposed signs to be located on the inside face of the easement line or designated street line. Sight line should not be obstructed. Furthermore, the sign shown with pillars should be a break away type with a sign support post, an anchor post and a breakaway component. A Rockland County Highway Department Work Permit will be required for the proposed development prior to any construction on site.

 

10. Based on the information provided, there are no Rockland County Health

Department approvals needed for this application.

 

11. 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.

 

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

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

 

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

 

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

Board assuming responsibilities of lead agency for SEQRA purposes:

– New York State Department of Environmental Conservation

-Town of Orangetown Zoning Board of Appeals

– Rockland County Department of Health

– Rockland County Department of Highways

– Rockland County Sewer District No. 1

 

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:

 

 

 

 

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Page 6 of 7

 

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.
4. The Tree Protection Zone for trees designated to be preserved will be established by one of the following methods:

– One (1) foot radius from trunk per inch DBH

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

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

– Light Impacts Only –  Installation of% inch of plywood or boards, or equal over the area to be protected.

 

The builder or its agent may not change grade within the tree protection zone of a preserved tree unless such grade change has received final approval from the Planning Board. If the grade level is to be changed

more than six (6) inches, trees designated to be preserved shall be welled and/or preserved in a raised bed, with the tree well a radius of three (3) feet larger than the tree canopy.

 

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.

 

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

 

 

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20. If the applicant, during the course of construction, encounters  such conditions as flood areas, underground water,  soft or silty areas, improper  drainage,  or any other unusual  circumstances  or conditions   that were not foreseen in the original planning, such conditions   shall  be reported immediately  to DEME.   The applicant shall submit  their  recommendations   as to the special  treatment to be given  such areas to secure adequate,  permanent  and satisfactory construction.   DEME shall investigate the condition(s),  and shall  either approve the applicant’s recommendations  to correct the condition(s),   or order a modification  thereof.  In the event of the  applicant’s  disagreement  with the decision of DEME,  or in the event of a significant  change resulting to the subdivision  plan  or site plan or any change that involves a wetland  regulated  area, the matter shall be decided by the agency  with  jurisdiction  in that area (i.e.  Wetlands  – U.S. Army Corps of

Engineers).

 

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

 

22. 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. 2 The Planning Board shall  retain  jurisdiction   over lighting,  landscaping,   signs and  refuse control.

 

The foregoing Resolution  was made and moved by Thomas Warren and seconded  by Michael   Mandel  and carried  as follows:  Kevin Garvey, Chairman, absent;  Bruce Bond,  Chairman,   aye;  Michael  Mandel,   aye; William Young, aye; Stephen Sweeney, aye; Thomas Warren,  aye; and Robert Dell, 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: April 13, 2016 (‘”J    0          17      ~ D-R,,_; Cheryl  Coopersmith ~ ,—·~

Chief  Clerk  Boards and Commissions

 

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NEGATIVE DECLARATION

Notice of Determination  of Non-Significance

 

PB #16-19: The Club at Pearl River Monument  Sign: Final Approval  Subject to Conditions

 

This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Regulation) of the Environmental Conservation Law.

The PLANNING BOARD, TOWN OF ORANGETOWN, as Lead Agency, has

determined that the proposed action described below will not have a significant impact on the environment and a Draft Environmental Impact Statement will not be prepared.

 

NAME OF ACTION: The Club at Pearl River Monument  Sign: Final Approval

Subject to Conditions

 

SEQR STATUS:        Type I                                          Unlisted XXXXXX CONDITIONED NEGATIVE DECLARATION: Yes               No  XXXXXX

 

DESCRIPTION OF ACTION: Monument  Sign Review

 

LOCATION: The site is located at Blue Hill South and Veterans Memorial Drive, Pear River, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 73.10, Block 1, Lot 4 in the OP zoning district.

 

REASONS SUPPORTING THIS DETERMINATION:

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

The project will not have a significant impact upon the environment and a DEIS need not be prepared because the proposed action does not significantly affect air quality, surface or ground water quality, noise levels or existing external traffic

patterns. In addition, it will have no impact upon the aesthetic, agricultural or cultural resources of the neighborhood. No vegetation, fauna or wildlife species will be affected as a result of this proposed development. The proposed action is consistent with the Town of Orangetown’s Master Plan and will not have any adverse economic or social impacts upon the Town or its businesses or residences.

If Conditioned Negative Declaration, the specific mitigation is provided on an attachment.

For Further Information contact:

John Giardiello, P.E., Director, Office of Building, Zoning and Planning Administration and Enforcement; Town of Orangetown; 20 Greenbush Road Orangeburg, NY 10962; Telephone Number: 845-359-5100

For Type I  Actions and Conditioned Negative Declarations, a copy of this notice is sent: – Commissioner, New York State Department of Environmental Conservation, – Region 3 Headquarters, NYSDEC, – Town Supervisor, Applicant

– Involved Agencies

 

 

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TO:          Donald Brenner, 4 Independence Avenue, Tappan, New York 10994

FROM:  Orangetown Planning Board

 

RE:    Verizon Wireless Site Plan: The application of CellCo Partnership, owner, (Donald Brenner, attorney for the owner) for Final Site Plan Review for the installation  of an above ground fuel and secondary  containment  system to support  generators  already on site, at a site known as “Verizon  Wireless  Site Plan” in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown, Chapter 21A of the Code of the Town of Orangetown. The site is located at 2000 Corporate Drive, Orangeburg, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 73.15, Block 1, Lot 19 in the LIO zoning district.

 

Heard by the Planning Board of the Town of Orangetown at a meeting held, Wednesday, April  13, 2016 at which time the Board made the following determinations:

 

Donald Brenner, Joseph Modafferi and Daniel Lofrisco appeared and testified for the applicant.

The Board received the following communications:

1. Project Review Committee Report dated April 6, 2016.
2. An interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by John Giardiello, P.E., Director, dated April 13, 2016.
3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated April 7, 2016.
4. A letter from the Rockland County Department of Planning, from

Douglas Schuetz, Acting Commissioner of Planning, dated April 13, 2016.

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

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

March 21, 2016.

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

March 21, 2016.

 

 

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7. A copy of the Building Department Referral,  dated  October  26, 2015.
8. Site Plans prepared by JMC and WB Engineers & Consultants  dated

October  30, 2015, last revision date of February  29, 2016: T-001 :  Cover Sheet

C-301.00:  Overall  Existing  Conditions  Map

C-302.00:  Overall  Site Plan

C-303.00:  Existing Conditions  Map

C-304.00:  Site Layout Plan

C-305.00:  Site Grading  Plan

C-306.00:  Site Erosion and Sediment  Control  Plan

C-401.00:  Construction  Details

9. Site Plans prepared by JMC and WB Engineers & Consultants  dated

October  2, 2015, revised  February  29, 2016:

M-001.00:  Mechanical  Symbols,  Notes and Specifications

M-201.00:  Mechanical  Specifications

M-202.00:  Mechanical  Specifications   II M-203.00:  Mechanical  Specifications   Ill M-204.00:  Mechanical  Specifications   IV M-205.00:  Mechanical  Specifications  V M-301.00:  Mechanical  Site Plan

M-501.00:  Fuel Oil System  Flow Diagram

E-001.00  Electrical  Symbols,  Notes and Abbreviations

E-101.00  Electrical  Panel Schedules

E-201.00  Electrical  Specifications

E-301.00  Electrical  Power Plan

10. Copies of the following Board Decisions: ZBA #16-20,  Performance

Standards  Approved,  dated  March  16, 2016; ACABOR  #16-15,  Approved

Subject to Conditions,  dated  March 3, 2016 and PB #16-01,  Preliminary  Site Plan

Approval  Subject  to Conditions/  Neg. Dec., dated January  13, 2016.

 

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

 

There  being no one to be heard from the Public, a motion was made to close the Public Hearing  portion of the meeting  by Thomas  Warren  and seconded  by Michael  Mandel and carried  as follows:  Kevin Garvey,  Chairman,  absent;

Bruce Bond, Vice Chairman,  aye; William  Young,  aye; Robert  Dell, aye; Stephen  Sweeney,  aye; Michael  Mandel,  aye and Thomas  Warren,  aye.

 

 

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PB #16-20: Verizon Wireless  Site Plan –  Fuel Storage Expansion  Plan – Final Site Plan Approval  Subject to Conditions  •

 

April  13, 2016

Town of Orangetown  Planning  Board Decision

Page 3of7

 

 

 

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

 

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

 

 

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

 

3. The applicant shall comply with all pertinent and applicable conditions of all previous Board Decisions: ZBA #16-20, Performance Standards Approved, dated March 16, 2016; ACABOR #16-15, Approved Subject to Conditions, dated

March 3, 2016 and PB #16-01, Preliminary Site Plan Approval Subject to

Conditions/Neg. Dec., dated January 13, 2016.

 

4. A detail for the crossing through the existing sanitary sewer easement shall be added to the plans.

 

5. The page and liber or instrument number, as well as ownership for all easements/ dedications shall be given on the plans; specifically sanitary sewer easement.

 

6. A note shall be added to the plans (T001, C302.00, C304.00) that the owner/ applicant will contact the Town of Orangetown’s Sewer Inspector prior to construction to coordinate inspection of the proposed work in the Town of Orangetown sanitary sewer easement.

 

7. Dike and rain guard details shall be provided and containment system and fence details shall be added to the plans.

 

8. The existing fence shown on the Site Plan shall be extended 30 to 40 feet past the fuel storage tank in order to screen the ground fuel and secondary containment system.

 

 

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

 

• The comments in the March 21, 2016 letter from the Rockland County

Department of Health must be met.

 

10. The Rockland County Department of Health reviewed the information and offered the following comments:
11. Approval will be needed from the Department’s Petroleum Bulk Storage

Program prior to construction. The applicant shall contact Ebi Elaahi at

845-364-2605 to coordinate.

2. 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.

 

11. The Town of Orangetown Fire Prevention Bureau had the following comments regarding the new installation of a 30,000 gallon above ground combustible storage tank:

• Installation must comply to NFPA 31.
• The tanks must be protected by Bollards.
• One ( 1) 50 BC minimum portable Fire Extinguisher must be installed in the vicinity of the tank.

 

12. All of the conditions of this decision, shall be binding upon the owner of the subject property, its successors and/or assigns, including the requirement to maintain the property in accordance with the conditions of this decision and the requirement, if any, to install improvements pursuant to Town Code §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.

 

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. TREE PROTECTION: The following note shall be placed on the site plan: The Tree Protection and Preservation Guidelines adopted pursuant to Section

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

 

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Continuation  of Condition  #15 •..

 

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 1 O 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% 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.

 

16. 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.

 

17. Prior to the commencement of any site work, including the removal of trees, the applicant shall install the soil erosion and sedimentation control as required by the Planning Board. Prior to the authorization to proceed with any phase of the site work, the Town of Orangetown Department of Environmental Management and Engineering (DEME) shall inspect the installation of all required soil erosion and sedimentation control measures. The applicant shall contact DEME at least 48 hours in advance for an inspection.

 

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

 

19. If the applicant, during the course of construction, encounters such conditions as flood areas, underground water, soft or silty areas, improper drainage, or any other unusual circumstances or conditions that were not foreseen in the original planning, such conditions shall be reported immediately to DEME. The applicant shall submit their recommendations as to the special treatment to be given such areas to secure adequate, permanent and satisfactory construction. DEME shall investigate the condition(s), and shall either approve the applicant’s recommendations to correct the condition(s), or order a modification thereof. In the event of the applicant’s disagreement with the decision of DEME, or in the event of a significant change resulting to the subdivision plan or site plan or any change that involves a wetland regulated area, the matter shall be decided by the agency with jurisdiction in that area (i.e. Wetlands – U.S. Army Corps of Engineers).

 

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

 

21. 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

 

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

 

Override

The Board made a motion to override Condition #2 of the April 13, 2016 letter from Rockland County Department of Planning, signed by Douglas Schuetz, Acting Commissioner of Planning:

 

 

• Condition #2: The Borough of Old Tappan, New Jersey is the reason this proposal was referred to Rockland County Planning Department for review. The municipal boundary is located directly south of the site. As required under Section 239n of the State General Municipal Law, the Borough of Old Tappan, New Jersey must be given the opportunity to review the proposed site plan and provide any concerns related to the project to the Town of Orangetown.

 

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The Board made a motion to override the condition for the following   reasons:

 

Section 239nn applies only to municipalities   within  the State of New York,  thus there is  no requirement that the Borough of Old  Tappan,  New Jersey be given

the opportunity to review the proposed site  plan.   Nevertheless  as a courtesy, the Town  of Orangetown notified the Borough of Old  Tappan,  New Jersey that the application was made and  when it would  be heard by the Town of Orangetown Planning   Board.”

 

A motion to override the condition was made and  moved by Thomas Warren  and seconded by William Young and carried as follows:  Kevin  Garvey, Chairman, absent;  Bruce Bond,  Vice Chairman,   aye; William Young, aye; Michael  Mandel, aye;  Thomas Warren, aye;  Robert Dell,  aye and Stephen Sweeney,  aye.

 

 

 

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

 

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

 

Dated:April13,2016                   ~~~r.                         ~ Cheryl  Coopersmith                                                        \       ~~ Chief Clerk  Boards and Commissions

 

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