Meeting Overview

Town of Orangetown  Planning  Board

 

MEMBERS PRESENT: Kevin Garvey,  Chairman;  Robert  Dell

Michael  Mandel;  Bruce Bond; William  ‘!oung  and Stephen  Sweeney

 

MEMBERS ABSENT:  Thomas  Warren

 

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

Chief Clerk

 

Kevin Garvey,  Chairman,  called the meeting  to order at 7:30 p.m.

Mr. Garvey  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 Item:

Rockland  Gaelic Athletic  Association

Clubhouse  Site Plan

Final Site Plan Review

160 Old Orangeburg  Road, Orangeburg

73.12/1 /1 ;   RPC-R and R-80 zoning districts

 

 

Final Site Plan Approval  Subject to Conditions

 

PB #15-09

 

Continued  from the December 10, 2014 Meeting: Miller Minor Subdivision

 

PB #14-49

 

Prepreliminary/   Preliminary/  Final

Subdivision  Plan and SEQRA  Review

238 West Crooked  Hill Road, Pearl River

68.11 /3/16;  R-15 zoning district

 

Walgreens  Resubdivision  Plan Prepreliminary/   Preliminary/  Final Resubdivision  Plan  and SEQRA  Review

81 Rt. 303 &  165 Oak Tree Road, Tappan

77.15/1/24  & 25; CS & CO and

Route 303 Overlay zoning districts

 

Walgreens Site Plan

Prepreliminary/  Preliminary  Site Plan and SEQRA  Review

81 Rt. 303 &  165 Oak Tree  Road, Tappan

77.15/1/24  & 25; CS & CO and

Route 303 Overlay zoning districts

Final Subdivision  Plan

Approval  Subject

to Conditions/  Neg. Dec.

 

 

 

PB #14-46

Preliminary  Resubdivision

Plan Approval  Subject

to Conditions/  Neg. Dec.

 

PB #14-24

Preliminary  Site Plan Approval  Subject to Conditions/  Neg. Dec.

 

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February 11, 2015 Planning  Board Meeting

 

 

 

Other Business:  At the January 28, 2015 Town Board Meeting, the Town Board adopted a resolution referring the attached Petition to the Planning Board for review and comment.

 

“WHEREAS,   in connection with the revised plan, the Owner/applicant has requested that the Town Board reduce the amount of the recreation contribution from $700,000 to $250,000, with the full $1.25 million to be paid immediately

upon the signing of the site plan, rather than over time; and … ”

 

 

 

RECOMMENDATION: At the February 11, 2015 Planning Board Meeting, the Planning Board recommended Approval of the Reduction in the Required Recreation Fee as outlined in Town Board Referral.

 

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

 

The decisions of the January 14, 2015 Planning Board Meeting was reviewed, edited, and approved. The motion for adoption was made and moved by Michael Mandel and seconded by William Young and carried as follows: William Young, aye; Kevin Garvey, aye, Thomas Warren, absent, Robert Dell, aye; Bruce Bond, aye; Stephen Sweeney, aye and Michael Mandel, aye.

 

The decisions of the January 28, 2015 Planning Board Meeting was reviewed, edited, and approved. The motion for adoption was made and moved by Michael Mandel and seconded by William Young and carried as follows: William Young, aye; Kevin Garvey, aye, Thomas Warren, absent, Robert Dell, aye; Bruce Bond, aye; Stephen Sweeney, aye and Michael Mandel, 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 Bruce Bond and seconded by William Young and agreed to by all in attendance. The meeting was adjourned at

9:20 p.m. The next Planning Board meeting is scheduled for February 25, 2015.

DATED: February 11, 2015               /:   /Jt 0 ll  1,1/l  ltm,…,.., ~

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Cheryl Coopersmith                           ::”‘    v<-‘    Q        ~     ‘WOK(

Chief Clerk Boards and Commissions

 

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PB #15-09: Rockland Gaelic Athletic  Association   Clubhouse  Site Plan• Final Site Plan Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

February 11, 2015

Page 1of7

 

TO: FROM:

Michael Healy, 10 Lois Lane, Pearl River, New York 10965

Orangetown Planning Board

 

 

RE:               Rockland Gaelic Athletic Association Clubhouse Site Plan: The application of Rockland Gaelic Athletic Association, Inc., owners, for Final Site Plan Review, at a site known as “Rockland  Gaelic Athletic  Association Clubhouse  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 160 Old Orangeburg Road, Orangeburg, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 73.12, Block 1, Lot 1   in the RPC-R and R-80 zoning districts.

 

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

Wednesday,  February 11, 2015, the Board made the following determinations:

 

Michael Healy and Jessy Cokeley appeared and testified for the applicant. The Board received the following communications:

1. 1. A Project Review Committee Report dated February 4, 2015.
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 February 11, 2015.
3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., February 5, 2015.
4. A letter from Brooker Engineering signed by Kenneth DeGennaro, dated

February 10, 2015.

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

Douglas Schuetz, Acting Commissioner of Planning, dated February 3, 2015.

6. Letters from the Rockland County Department of Health, signed by

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

January 26 & 13, 2015.

7. A letter from Rockland County Department of Highways, signed by

Sonny Lin, P.E., dated February 10, 2015.

8. A Narrative Summary prepared by Maser Consulting dated

December 17, 2014.

9. A copy of a letter to Jesse Cokeley, Maser Consulting, from Rockland County Department of Health, signed by Brian K. Hunderfund, Senior Environmental Health Specialist, dated December 15, 2014.
10. A Stormwater Management Report, prepared by Maser Consulting, dated

August 8, 2014, revised December 5, 2014.

 

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PB #15-09:  Rockland   Gaelic  Athletic   Association  Clubhouse    Site  Plan – Final  Site  Plan Approval  Subject to Conditions

 

Town  of Orangetown    Planning   Board  Decision

February   11, 2015

Page 2 of 7

 

 

 

11. Site Plans, prepared by Maser Consulting, dated June 24, 2014, last revision date of August  8, 2014, last revision  date of December  5, 2014:

– Sheet  1   of 8: Overall Site Plan

– Sheet 2 of 8: Dimension  Plan

– Sheet 3 of 8: Grading,  Drainage,  & Utility Plan

– Sheet 4 of 8: Erosion Control  Plan

– Sheet 5 of 8: Landscaping  Plan

– Sheet 6 of 8: Lighting  Plan

– Sheet 7 of 8: Construction  Details

– Sheet 8 of 8: Construction  Details

12. A letter from Maser Consulting, signed by Jessey  Cokeley,  P.E., Senior

Project Engineer,  dated  December  17, 2014.

13. Copies of the following Board Decisions:  ACABOR  #14-38,  Approved  Subject to Conditions,  dated  November  6, 2014 and PB #14-31,  Preliminary  Site Plan approval  Subject to Conditions,  dated September  10, 2014.

The Board reviewed the plans.  The hearing was then opened to the Public. There  being no one to be heard from the Public, a motion was made to close the

Public Hearing  portion of the meeting  by Michael  Mandel and second  by

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

 

DECISION:  In view of the foregoing  and the testimony  before the Board, the application  was granted   FINAL  SITE PLAN  APPROVAL   SUBJECT  TO THE FOLLOWING   CONDITIONS:

 

 

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

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

Pre-construction   meeting  must be held with the Town of Orangetown

Department  of Environmental   Management  and Engineering,  Superintendent  of Highways  and the Office of Building,  Zoning  and Planning  Administration   and Enforcement.  It is the responsibility  and obligation  of the property  owner to arrange  such a Meeting.”

 

2. 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

 

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PB #15-09: Rockland Gaelic Athletic  Association   Clubhouse  Site Plan – Final Site Plan Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

February 11, 2015

Page 3 of 7

 

 

 

3. The applicant shall comply with all pertinent and applicable previous Board Decisions: ACABOR #14-38, Approved Subject to Conditions, dated November 6, 2014 and PB #14-31, Preliminary Site Plan approval Subject to Conditions, dated September 10, 2014.

 

4. The applicant submitted a Final Site Plan, last revised December 5, 2014, which the Planning Board granted Final Approval. In addition, a second Site Plan, last revised January 17, 2015 was submitted that shows the proposed

building slightly shifted to the north thereby requiring the need for a Zoning Board of Appeals variance for a side yard setback. The minimum required side yard is

20 feet and 9.31 feet is proposed. The applicant explained at the Project Review Committee Meeting of February 4, 2015 as well as the Planning Board Meeting, that the Building was shifted to avoid a conflict with the goal backstop net and to provide enough separation distance between the building and net for emergency vehicles. Since the slight relocation of the building does not affect the overall conditions of the Site Plan, the Planning Board granted Final Approval for the December 5, 2014 Site Plan (Site Plan A) and the January 17, 2015 Site Plan (Site Plan B) subject to the Town of Orangetown Zoning Board of Appeals

granting the side yard variance. This “dual” approval would allow the Planning Board Clerk to sign Site Plan A and the applicant to begin construction using Site Plan A, while proceeding to the Zoning Board of Appeals for the variance

required on Site Plan 8.  If the variance is granted by the Zoning Board of

Appeals, then the Planning Board Clerk may sign Site Plan B and the applicant can modify the building permit to continue work using Site Plan B.   If the variance is not granted, then the applicant would continue using Site Plan A without

having lost time. Again, the slight shift of the building on Site Plan B does not affect the overall conditions of the Site Plan. The site work associated with both

site plans is relatively the same except for the addition of a retaining wall at the northwest corner of the building on Site Plan B.

 

5. The applicant still needs to comply with PB #14-31, condition 4; Post Construction Stormwater maintenance Agreement required. The maintenance agreement provided at the end of the Stormwater report does not match the Town of Orangetown’s standard agreement. The applicant’s attorney/ engineer shall contact the Town Attorney’s office to get a copy of the Town’s standard boiler plate for post construction SWMA’s. That agreement must include a checklist, prepared by the applicant’s engineer that follows the manufacture’s recommendations for the specified stormwater practice.

 

6. The engineer’s revised stormwater management report is under review by DEME. However, Page 1 of the stormwater report states that the area of disturbance is less than 30,000 square feet, but page 2 states that the area is

42,841 square feet. This inconsistency shall be corrected in the stormwater report.

 

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PB #15-09: Rockland Gaelic Athletic  Association   Clubhouse  Site Plan – Final Site Plan Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

February 11, 2015

Page 4of7

 

 

 

7. Profiles for the sanitary building connection and the new storm sewer lines shall be added to the drawing.

 

8. The Drainage Consultant to the Planning Board, Brooker Engineering, found the application demonstrates that increases in stormwater runoff can be mitigated and therefore recommends that the Rockland Gaelic Athletic

Association Clubhouse be approved for drainage subject to the following Project

Comments.

 

 

Project    Description

This is the Drainage Consultant’s third drainage review report to the Planning Board for this project; the last review was dated September 10, 2014. The project includes the construction of a clubhouse with 6,500 square feet building footprint and total new impervious area of 12, 183 square feet. The proposed clubhouse is located just north of the Gaelic football field, in an embankment that slopes downhill to the north.

 

The engineering report shows land disturbance of just under one acre and provides an underground stormwater detention facility to mitigate against increases in surface runoff due to new impervious area.

 

 

Project   Comments

1. As per the September 10, 2014 report, a drainage subbasin map shall be included in the drainage report that clearly shows the watersheds and the area that is intended to be diverted to the detention system. Include ground cover breakdown on the drainage maps. For ease of construction and inspection, include the delineation of the subbasin that is intended to be directed to the detention basin on the Grading Plan.
2. The proposed condition hydrologic model shall include separate subbasins for the subarea to be directed to the detention basin and subarea to be diverted around the detention basin.
3. The drainage calculations shall not use volume of stone voids below the invert of the pipes in the storage routing calculations.
4. Revise the grading for the handicap ramp to show that the portion of the ramp from elevation 102.25 to elevation 101.25 will not direct runoff toward the building.
5. Add the hood over the outlet pipe on the Catch Basin Detail. Graphically show the sump on the Catch Basin Detail.
6. Shown the building foundation drain.

 

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PB #15·09: Rockland Gaelic Athletic  Association   Clubhouse  Site Plan• Final Site Plan Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

February 11, 2015

Page 5 of 7

 

 

 

9. 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 Psychiatric Center and any comments or concerns addressed.
• A review must be completed by the New York State Office of Mental

Health, and any comments or concerns addressed.

• Prior to the start of construction or grading, a soil and erosion control plan shall be developed and in place for the entire site that meets the latest edition of the New York State Guidelines for Urban Erosion and Sediment Control.
• There shall be no net increase in the peak rate of discharge from the site at .all design points.
• Due to the shifting of the building, a variance for side vard is now required.

Rockland County Department of Planning requests the opportunity to

review the variance necessary to implement the proposed site plan.

 

10. 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.

 

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

 

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

Preparation of Site Plans prior to signing the final Site Plan.

 

13. 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.

 

1. There will be no excavation or stockpiling of earth underneath the trees.

 

1. Trees designated to be preserved shall be marked conspicuously on all sides at a 5 to 10 foot height.

 

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PB #15-09:  Rockland   Gaelic  Athletic   Association     Clubhouse    Site  Plan – Final  Site  Plan Approval   Subject   to Conditions

.

Town of Orangetown  Planning  Board Decision

February 11, 2015

Page 6 of 7

 

Continuation  of Condition  #13 …

 

 

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

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

o     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:

o   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.

o   Light Impacts Only-   Installation  of%  inch of plywood or boards, or

equal over the area to be protected.

o    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.

 

14. 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.

 

15. 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.

 

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

 

17. 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

 

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PB #15-09: Rockland Gaelic Athletic  Association   Clubhouse  Site Plan – Final Site Plan Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

February 11, 2015

Page 7of7

 

Continuation  of Condition  #17 …

 

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).

 

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

 

19. 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

 

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

 

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

 

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

 

Dated: February 11, 2015             ~

Cheryl Coopersmith                                                ·

Chief Clerk Boards and Commissions

 

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PB #14-49: Miller Minor Subdivision;   Final Subdivision  Plan Approval

Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

February 11, 2014

Page 1  of  11

 

TO:

 

FROM:

Jay Greenwell, PLS, 85 Lafayette Avenue, Suffern, New York 10901

Orangetown Planning Board

 

 

RE:               Miller Minor Subdivision Plan: The application Linda Dale Miller, owner, for Prepreliminary/ Preliminary/ Final Subdivision Plan Review, at a site to be known as “Miller  Minor Subdivision  Plan”, in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations  of

the Town of Orangetown, Chapter 21  of the Code of the Town of Orangetown

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 238 West Crooked Hill Road, Pearl River, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 68.11, Block 3, Lot 16 in the R-15 zoning district.

 

Heard by the Planning Board of the Town of Orangetown at meetings held Wednesday,  December 10, 2014 and February 11, 2015, the Board made the following determinations:

 

December 10, 2014

Jay Greenwell and Linda Miller appeared and testified. The Board received  the following communications:

1. Project Review Committee Report dated December 3, 2014.
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 December 10, 2014.
3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., December 4, 2014.
4. A letter from Brooker Engineering, signed by Kenneth DeGennaro, P .E., dated

December 9, 2014.

5. A letter from Rockland County Department of Planning, from Douglas Schuetz,

Action Commissioner of Planning, dated November 25, 2014.

6. A letter from Rockland County Department of Highway, signed by

Sonny Lin, P.E., dated December 8, 2014.

7. A letter from Rockland County Sewer District No. 1, signed by

Joseph LaFiandra, Engineer II, dated December 1, 2014.

8. Letters from Rockland County Department of Health, signed by Scott McKane. P.E., Senior Public Health Engineer, dated November 4, 2014.
9. A letter from the New York State Department of Environmental Conservation,

Division of Environmental Permits, Region 3, signed by Jean McAvoy, dated

December 1, 2014.

 

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PB #14-49: Miller Minor Subdivision;   Final Subdivision  Plan Subject to

Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

February 11, 2015

Page 2of11

 

10. A letter from the Town of Orangetown Zoning Board of Appeals, signed by

Daniel W. Sullivan, Chairman, dated November 11, 2014.

11. Subdivision Plan prepared by Jay Greenwell, PLS, dated

October 10, 2014:

Sheet 1   of 2: Subdivision of Property

Sheet 2 of 2: Survey

12. A Short Environmental Assessment Form signed by Linda Dale Miller, dated

October 14, 2014.

13. Miller Subdivision Hydraulic Analysis and Stormwater Design Calculations, dated October 14, 2014, signed and sealed by Paul Ddanski, P .E.
14. Submitted at the Board Meeting, a letter signed by Dr. Maureen Ruocco and

Kevin Ruocco, dated December 10, 2014.

 

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

 

Public Comment:

Kevin Ruocco, 248 Center Street, Pearl River; expressed concerns regarding the

proposed development and that it would impact the value of his property.

 

Patrick McGovern, 230 Center Street, Pearl River; held that since the

construction of a new subdivision neighboring his property, his property has been

flooded.

 

Maureen Dauria, 360 Center Street, Pearl River; raised concerns regarding the impact of the proposed development and the increase in water to the neighborhood.

 

Michael O’Sullivan, 248 North Lincoln Street, expressed concerns with the increase in water to the neighborhood resulting from a recent subdivision. Drywells are not the solution to all of the water that would be created by the new subdivision.

 

Robert Lord, 239 Crooked Hill Road, Pearl River; raised concerns regarding the placement of the house and driveway. The existing placement of these items will negatively impact the neighborhood.  He requested that the house and driveway be relocated.

 

Dr. Maureen Ruocco, 248 Center Street, Pearl River: submitted a letter to the Board, dated December 10, 2014. Dr. Ruocco held that the project site should conform with the size and shapes of other houses and lots in the neighborhood. The proposed house is currently proposed to sit behind another house and not line up with the other houses in the area. She believed that the property values of the surrounding houses will decrease.

 

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PB #14-49: Miller Minor Subdivision;   Final Subdivision  Plan Subject to

Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

February 11, 2015

Page 3of11

 

The applicant requested a CONTINUATION. February 11, 2015

Daniel Delossantos, Lawrence Marshall and Linda Miller appeared and testified. The Board received  the following communications:

1. Project Review Committee Report dated February 4, 2015.
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 February 11, 2015.
3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., February 5, 2015.
4. A letter from Brooker Engineering, signed by Kenneth DeGennaro, P.E., dated

February 10, 2015.

5. A letter from Jay Greenwell, PLS, dated January 19, 2015.
6. Exhibit showing the measured sight distances at the existing and proposed driveways for the Miller Subdivision, prepared by Jay Greenwell, PLS, dated February 61 2015.
7. Subdivision Plana prepared by Jay Greenwell, PLS, dated

October 10, 2014:

• Sheet 1   of 2: Subdivision of Property, revised December 16, 2014
• Sheet 2 of 2: Grading, Utility and Erosion Control Plan, revised

January 15, 2015

The Board reviewed the plan. The meeting was open to the public. Public Comment:

Donna Martinetti, 239 Crooked Hill Road, Pearl River; requested information

regarding possible widening of Crooked Hill Road and if the applicant had moved the location of the driveway.

 

Dr. Maureen Ruocco, 248 Center Street, Pearl River: raised concerns regarding the design of the subdivision and placement of the proposed house. She raised possible safety issues with having a driveway located in the rear of another house. Dr. Ruocco requested information regarding the proposed lighting on the site and glare from the lights into her house. She raised concerns regarding the impact of the development on drainage to her property and the neighborhood.

 

Michael O’Sullivan, 248 North Lincoln Street, expressed concerns regarding the number of proposed drywalls, in that they may not be sufficient for the design of the subdivision. He believed that the drywalls should be larger and have a deeper design.

 

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PB #14-49:  Miller  Minor  Subdivision;     Final  Subdivision    Plan  Subject  to

Conditions/    Neg. Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

February   11, 2015

Page 4of11

 

 

 

 

A motion was made to close the Public Hearing  portion of the meeting  by

William Young  and second  by Stephen  Sweeney  and carried as follows:

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

 

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

 

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

applicant,  the applicant’s  professional  representatives,   namely Jay Greenwell,

PLS and having heard from the following  offices,  officials  and/or  Departments: (Town of Orangetown):  Project  Review Committee,  Office of Building,  Zoning, Planning Administration   and Enforcement  and Department  of Environmental Management  and Engineering;  and having  heard from the following  involved  and interested  agencies:  Town of Orangetown  Zoning  Board of Appeals,  Rockland County  Department  of Health,  Rockland  County Sewer  District  No.1, New York State Department  of Environmental  Conservation,   and having reviewed  a proposed  Subdivision  plan by prepared  by Jay Greenwell,  PLS a summary  of the reasons  supporting  this determination  are, and the Planning  Board finds, that the proposed  action:

 

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PB #14-49: Miller Minor Subdivision;   Final Subdivision   Plan Subject to

Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

February 11, 2015

Page 5of11

 

• 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 William Young and seconded by Bruce Bond and carried as follows: Kevin Garvey, aye, Bruce Bond, aye; Michael Mandel, aye; William Young, aye; Robert Dell, aye; Thomas Warren, absent; and Stephen Sweeney, 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 subdivision 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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PB #14-49:  Miller  Minor  Subdivision;     Final  Subdivision    Plan  Subject   to

Conditions/    Neg. Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

February   11, 2015

Page 6of11

 

 

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

 

3. The Site and Landscaping Plans shall be reviewed by the Town of Orangetown Architecture and Community Appearance Board of Review at the time it is proposed for a specific dwelling plan, under Site Plan Review.

 

4. The Subdivision Plan shall be revised as follows: the driveway turn around and house shall be shall be relocated, as if the Subdivision Plan was “Flipped”. The house shall then be moved 5 feet to the east. The radius of the driveway shall be increased at Crooked Hill Road. Silt fencing shall be placed 20 feet from the Westerly and Southerly property lines.

 

5. The existing sewer line for Lot #2 shall be shown on the Subdivision Plan.

 

6. The sight distances at the driveway entrances shall be labeled on the

Subdivision Plan.

 

7. The Short Environmental Assessment Form appears to be in order.

 

8. The drainage calculations are under review by DEME. However, a “perc” test shall be administered at all proposed seepage pit locations, to ensure adequacy of designed drainage system, prior to receiving final approval for site plan. The applicant’s engineer shall provide a copy of the field perc test results to DEME and the Building Department for review and approval.

 

9. A post construction stormwater maintenance agreement (in accordance with NYSDEC Phase II regulations)  for the proposed stormwater systems shall be submitted to DEME and the Town of Orangetown Town Attorney’s office for review and approval. Said agreement shall include a maintenance and management schedule, inspection check list, contact person with telephone number, yearly report to be submitted to DEME, etc.

 

10. The soil erosion and sediment control plans and details are under review by

DEME.

 

11. A note shall be added to the Site plan indication the source benchmark for the referenced datum, including the BM elevation.

 

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PB #14-49:  Miller  Minor  Subdivision;     Final  Subdivision    Plan  Subject   to

Conditions/    Neg. Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

February   11, 2015

Page 7of11

 

12. The Drainage Consultant to the Planning  Board,  Brooker  Engineering reviewed the application  and found the application  has provided  sufficient drainage  design to demonstrate  that potential  significant  adverse  impacts with

respect to drainage  can be mitigated.  The consultant  therefore  recommends  that the Miller Subdivision  be approved  for drainage  subject to the following

comments:

 

Project   Description

This is the second drainage  review report to the Planning  Board for this project. The project consists  of two lot subdivision  in  an R-15 zone at a property  located on the south side of Crooked  Hill Road, about 200 feet east of Center Street. There  is an existing  dwelling  and driveway  on the east side of the lot that is to

remain.  Stormwater   runoff currently  flows  in  a southwesterly   manner through  the site.  There  is a swale and berm along the southern  property  line, and runoff

leaves the site near the southwest  corner of the property.   At the time of the Drainage  Consultant’s  visit during  a rainfall  event, there was an existing  ponding area at Tax Lot 68.11-3-13,  which  is just southwest  of the southwest  corner of the property.   This area is downhill  of the site and located where the existing swale along the current  southern  property  line currently  conveys  stormwater

runoff.    From the last submission,  an additional  drywall  has been added to store runoff from the existing  house to remain on Lot #2.  The driveways  have been regraded  to maintain  gutterline  flow along Crooked  Hill Road and prevent  sheet off-site  sheet flow from entering  the properties.

 

Project  Comments

• As per the December 9, 2014 report, test pits shall be performed  to verify the soil percolation  rate and the presence  of groundwater.  Test pits shall note if soil mottling  is present,  which  is an indicator  of the seasonal  high groundwater        table. The Consultant  observed  standing  water just off-site which may indicate  poor soil percolation.
• As per the December 9, 2014 report, overflows  from the drywalls will eventually  runoff to the area of off-site  standing  water southwest  of the site. It is recommended  that the factor of safety be increased  with respect to the drywall design.
• As per the December 9, 2014 report, revise the drainage  calculations  to reflect the runoff from the existing  driveway  on Lot 2 that will enter the drywall  system.
• As per the December 9, 2014 report, add the drywall  invert information  to the plan and details.
• As per the December 9, 2014 report, add the maintenance  requirements for the drywall to the subdivision  plans.

 

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PB #14-49: Miller Minor Subdivision;   Final Subdivision  Plan Subject to

Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

February 11, 2015

Page 8of11

 

Continuation  of Condition  #12 …

 

 

 

• Additional detail is needed for the new driveway grading at existing Lot 2 to ensure runoff will not flow west past the driveway and then onto the property. Show the proposed 335 contour to help demonstrate the intended drainage pattern.
• The proposed rim of the drywells for the new driveway at Lot 1  will surcharge the driveway and cause ponding. It is recommended lowering the proposed rim elevation from 330.2 to below the trench drain rim of

329.5.

• The rim elevation for the drywalls for the new house on Lot 1 of 330.5 is not consistent with the contour interval. Show that the proposed swale east of the dweJlingwill bypass the inlets of these drywalls.
• Combine the “Precast 4′ Drywall Detail” with the “Drywall with Surcharge Pipe for Overflow” details and label them as the new drywell for existing house on Lot 2. Show the grate flush with proposed grade and not buried.

 

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

• The Village of Chestnut Ridge is the reason this proposal was referred to

Rockland County Department of Planning for review.  The municipal boundary is approximately 315 feet west of the subject property line, west of Center Street. As required under Section 239nn of the State General Municipal Law, the Village of Chestnut Ridge must be given the opportunity to review the proposed subdivision and provide any concerns  related to  the  project to the Town of Orangetown.

• As required by the Rockland County Stream Control Act, the subdivision map must  be  reviewed and  approved  by the  Chairman  of  the  Rockland County Drainage Agency before the Rockland County Clerk will accept same for filing.
• As indicated in the November 4, 2014 letter from the County of Rockland Department of Health, application must be made for review of the stormwater management system to ensure compliance with the County Mosquito Code.
• Prior to any grading or construction on the site, a soil and erosion control plan shall be developed that meets the New York State Guidelines for Urban Erosion and Sediment Control.
• There shall be no net increase in stormwater runoff from the site.

 

14. The Rockland County Department of Highways permits are not required for the proposed development.

 

15. The Rockland County Department of Health (RCDOH) reviewed the plans and found that application is to RCDOH for review of the Stormwater Management system for compliance with the County Mosquito Code.

 

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PB #14-49: Miller Minor Subdivision;   Final Subdivision  Plan Subject to

Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

February 11, 2015

Page 9of11

 

 

 

 

16. 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 no future correspondence   is requested  for this site.

 

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

Board assuming  responsibilities  of lead agency for SEQRA  purposes:

– Rockland  County  Department  of Highway

– Rockland  County  Department  of Health

– Rockland  County Sewer District #1

– Town of Orangetown  Zoning  Board of Appeals

– New York State Department  of Environmental  Conservation,

 

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

Preparation  of Subdivision  Plats prior to signing the final plans.

 

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

 

20. Where a reservation of land for recreation  purposes  has been deemed  by the Planning  Board to be inadequate,  Money in Lieu of Land for recreation  purposes must be collected  in accordance  with Section  21-20 of the Land Development Regulations  ($9,000.00 for every vacant  new residential  lot). In addition,  for every new vacant  residential  lot, $80.00 will be collected  for the Stream  Maintenance

Fund.

 

21. 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 §21.  Failure to abide by the conditions  of this decision  as set forth  herein shall be considered a violation  of Subdivision  Plan Approval  pursuant  to Town Code §21 and §6A.

 

22. TREE PROTECTION: The following  note shall be placed on the Subdivision 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:

 

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PB #14-49:  Miller  Minor  Subdivision;   Final  Subdivision  Plan  Subject   to

Conditions/  Neg. Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

February   11, 2015

Page  10of11

 

 

Continuation    of Condition  #22 …

 

 

 

– 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.

 

23. All landscaping shown on the subdivision  plan 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.

 

24. 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.

 

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

 

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PB #14-49: Miller Minor Subdivision;   Final Subdivision  Plan Subject to

Conditions/  Neg. Dec.                                 .

 

Town of Orangetown  Planning  Board Decision

February 11, 2015

Page 11of11

 

26. 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).

 

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

 

28. 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

 

29. 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: Bruce Bond, aye;

Kevin Garvey, aye; Michael Mandel, aye; William Young, aye, Stephen Sweeney, aye; Robert Dell, aye and Thomas Warren, absent.

 

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

 

Dated: February 11, 2015

Cheryl Coopersmith

Chief Clerk Boards and Commissions

attachment

 

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State Environmental  Quality Review Regulations

NEGATIVE DECLARATION

Notice of Determination  of Non-Significance

 

Miller Minor Subdivision;   Final Subdivision  Plan Subject to Conditions/ Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

February 11, 2015

 

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: Miller Minor Subdivision

 

SEQR STATUS:     Type I                                      Unlisted XXXXXX

CONDITIONED NEGATIVE DECLARATION: Yes                No  XXXXXX

 

DESCRIPTION OF ACTION: Miller Minor Subdivision-  Final Subdivision  Plan subject to Conditions/  Neg. Dec.

 

LOCATION: The site is located 238 West Crooked Hill Road, Pearl River, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 68.11, Block 3, Lot 16 in the R-15 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 action. 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, Town Supervisor, Applicant, Involved Agencies

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#14-46: Walgreens  Resubdivision   Plan –  Preliminary  Approval  Subject to

Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

February 11, 2015

Page 1of10

 

TO:

 

FROM:

Antimo Del Vecchio, Beattie Padovano, 50 Chestnut Ridge Road, Suite 208, Montvale, New Jersey 07645

Orangetown Planning Board

 

 

 

 

RE:               Walgreens Resubdivision Plan: The application Landmark Tappan, LLC, applicant for Super Power, Inc. and Thomas Jones and Michael Hydes, owners, (Antimo Del Vecchio, attorney for the applicant) for Prepreliminary/ Preliminary/ Final Resubdivision Plan Review, at a site to be known as “Walgreens  Resubdivision  Plan”, in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown, Chapter 21  of the Code of the Town of Orangetown 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 81 Route 303, in the Route 303 Overlay Zone, Tappan, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 77.15, Block 1, Lot 24 & 25 in the CS & CO zoning districts.

 

Heard by the Planning Board of the Town of Orangetown at meetings held Wednesday, October 22, December 10, 2014 and February 11, 2015, the Board made the following determinations:

 

October 22, 2014

Andy Del Vecchio and Robert Freud appeared and testified

The Board received the following communications:

1. An interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, dated October 22, 2014, signed by John Giardiello, P.E., Director.
2. An Interdepartmental memorandum from the Department of Environmental

Management and Engineering (DEME), Town of Orangetown, dated

October 17, 2014, signed by Bruce Peters, P.E.

3. An Interdepartmental memorandum from James Dean, Superintendent of

Highways, Town of Orangetown, dated October 20, 2014.

4. A letter from Rockland County Department of Planning, signed by

Douglas J. Schuetz, Acting Commissioner of Planning, dated October 16, 2014.

5. Letters from Rockland County Department of Health, signed by Scott McKane. P.E., Senior Public Health Engineer, dated September 23 & 25, 2014.
6. A letter from Rockland County Sewer District No. 1, signed by

Joseph LaFiandra, Engineer, dated September 30, 2014.

7. A letter from the Town of Orangetown Zoning Board of Appeals, signed by

Patricia Castelli, dated October 1, 2014.

8. A Short Environmental Assessment Form, dated October 20, 2014.

 

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PB#14 – 46: Walgreens  Resubdivision   Plan –  Preliminary  Approval  Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

February 11, 2015

Page 2of10

 

9. Subdivision Plan prepared by Dynamic Engineering Consulting, PC. dated

September 2, 2014.

10. Property Survey prepared by Gallas Surveying Group, dated

August 30, 2013, last dated September 30, 2013.

11. Copy of the Traffic Impact Study, prepared by Maser Consulting P.A., dated

June 24, 2014, with attachment of a letter dated June 24, 2014 signed by

John T. Collins, Ph.D., P.E.

 

The Board reviewed the plan.

 

Dr. John Collins, P.E., presented the Traffic Impact Study, prepared by Maser

Consulting P.A., dated June 24, 2014

The hearing was then opened to the Public. Public Comments:

Scott Wheatly, 38 Lexington Road, Tappan; raised concerns regarding that the development did not include any off-site improvements. Mr. Wheatly agreed with the improvements requested by New York State Department of Transportation. He presented photographs to the Board of the placement of a bus shelter and submitted a drawing noting an increase in a turning lane along Oak Tree Road.

 

John Queuevo, 33 Lexington Road, Tappan, questioned the Board if any environmental studies had been completed; traffic, noise, etc.   He discussed the traffic back up on Lexington Road and requested that the Town make Lexington road a restricted one way road.  Mr. Queuevo noted that he has been involved with the Town of Orangetown since 1968 in trying to slow down the traffic on Lexington Road. Now with the development of Walgreens and the possibility of

500 cars a day using the site, Lexington Road and the surrounding neighborhood would be significantly impacted.

 

Frank Kennedy, 27 Lexington Road, Tappan; asked for clarification regarding the direction of cars leaving and entering the project site.

 

Eileen Larken, 15 Horne Tooke Road, Palisades; raised concerns regarding the Traffic Study completed by Maser Engineering. She discussed the existing and increased truck traffic on Route 303.

 

Margaret Morrone, 19 Lexington Road, Tappan; questioned the Board regarding the vehicular turns out of the site onto Lexington Road.

 

Paul Winkelmeyer, 43 Lexington Road, Tappan; expressed concerns that the roadway system in the area is already congested and that with the construction of Walgreens the traffic to Lexington Road will be substantially impacted. He suggested that the Town make Lexington Road a one way road.

 

 

 

 

 

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PB#14 – 46: Walgreens  Resubdivision   Plan –  Preliminary  Approval  Subject to Conditions/  Neg. Dec.

 

 

 

Town of Orangetown  Planning  Board

February 11, 2015

Page 3of10

 

 

 

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, aye; Bruce Bond, aye; Michael Mandel, aye; William Young, aye;

Robert Dell, aye; Thomas Warren, aye and Stephen Sweeney, aye.

 

A motion was made to reopen the Public Hearing portion of the meeting by

Bruce Bond and seconded by Michael Mandel and carried as follows:

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

 

The applicant requested a CONTINUATION.

 

 

 

December 10, 2014

Andy Del Vecchio and Robert Freud appeared and testified

The Board received the following communications:

1. A Project Review Committee Meeting Report dated December 3, 2014.
2. An interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, dated December 10, 2014, signed by John Giardiello, P.E., Director.
3. An rnterdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, dated December 4, 2014, signed by Bruce Peters, P.E.
4. Copy of an Amendment to the Traffic Impact Study, “Lexington Road Study”,

prepared by Maser Consulting  P.A, ., dated December 2, 2014 signed by

John T. Collins, Ph.D., P.E.

5. An Email from James Dean, Superintend of Highways, Town of Orangetown, dated December 10, 2014.

 

The Board reviewed the plan.

 

Dr. John Collins, P .E., presented the Traffic Impact Study, prepared by Maser

Consulting P.A.,  dated December 2, 2014

 

The hearing was then opened to the Public.

 

Public Comments:

Margaret Morrone, 32 Lexington Road, Tappan; discussed a prior traffic study prepared in 2002.

 

Scott Wheatly, 38 Lexington Road, Tappan; discussed the widening of Route 303 to increase access to the site and surrounding area. Mr. Wheatly discussed the landscaping of the site.

 

Peter Feller, 62 Closter Road, Tappan, raised concerns regarding traffic to the project site, noting that the surrounding smaller roads will be impacted.

 

 

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PB#14 • 46: Walgreens  Resubdivision   Plan – Preliminary  Approval  Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

February 11, 2015

Page 4of10

 

 

 

Eileen Larken, 15 Horne Tooke Road, Palisades; presented the Board with a photograph of a large truck, the type that would be coming to the project site. Ms. Larken discussed the traffic circulation of Route 303 and Oak Tree Road.

 

Frank Kennedy, 27 Lexington Road, Tappan; held that the existing traffic create congestion on the roads and that the proposed development would increase the traffic to the area.  He noted that the speed bumps placed in Lexington Avenue are gone.

 

Jane Slavin, 20 Jane Street, Tappan; a member of Rockland County Planning Board, however representing herself as a Tappan resident; held that the calming improvements to Lexington Avenue has created a significant traffic impact to Jane Street.

 

Helen Kennedy, 27 Lexington Road, Tappan; stated that Lexington Road currently has a significant traffic problem.

 

The applicant requested a CONTINUATION. February 11, 2015

Andy Del Vecchio, Robert Freud and Gary Dean appeared and testified

The Board received the following communications:

1. A Project Review Committee Meeting Report dated February 4, 2015.
2. Interdepartmental memorandums from the Office of Building, Zoning, Planning

Administration and Enforcement, Town of Orangetown, dated

January 28 and February 11, 2015, signed by John Giardiello, P.E., Director.

3. An Interdepartmental memorandum from the Department of Environmental

Management and Engineering (DEME), Town of Orangetown, dated

January 22, 2015, signed by Bruce Peters, P .E.

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

January 27, 2015.

5. A letter from Rockland County Department of Planning, signed by Douglas J. Schuetz, Acting Commissioner of Planning, dated December 18, 2015.
6. A Summary Report submitted by the Town of Orangetown Traffic Advisory . Board, dated December 16, 2014.
7. An interdepartmental memorandum from the Highway Department, Town of Orangetown, dated January 21, 2015, signed by James J. Dean, Superintendent of Highways, with an email attachment dated December 10, 2014.

 

– .

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PB#14  • 46: Walgreens   Resubdivision     Plan – Preliminary    Approval   Subject to Conditions/    Neg. Dec.

 

 

Town  of Orangetown    Planning   Board

February   11, 2015

Page 5of10

 

 

8. A letter from the New York State Department of Transportation,  signed  by

Joseph Taylor,  Permit Engineer,  dated January  27, 2015.

9. Submitted at the meeting by the applicant;  Site Plan Exhibit  Rendering, prepared  by Dynamic  Engineering,  dated  February  10, 2015.
10. Submitted at the meeting by Eileen Larken,  15 Horne Tooke  Road, Palisades;  photographs.

 

The Board reviewed the plan.

 

 

The hearing  was  then  opened  to the  Public

 

Public  Comment:

Scott Wheatly,  38 Lexington  Road, Tappan;  discussed  issues of possible  gridlock on the roadways  surrounding  the proposed  development.    He requested information  regarding the width of Route 303 and the configuration  of the bus bump out and curb.

 

Margaret  Morrone,  32 Lexington  Road, Tappan;  discussed  past car accidents  at the intersection  of Route 303 and Oak Tree Road. In addition,  she noted that the design of the proposed  structure  would  change the historical  significance  of Tappan.   Ms Morrone  held that property  values would  decrease,  pollution would increase  as well as the overall quality of life would  be impacted  by the development  of the site with Walgreen’s.

 

John Quevedo,  33 Lexington  Road, Tappan;  discussed  the past four years and increased  traffic to the area.  Speed  bumps and signs did not deter speeders  on the roadways.   With Walgreens  coming the neighborhood,   studies show that

there will be an increase  in traffic to area.   Mr. Quevedo  requested  information  on

the proposed  exit/ entrances  to the project  site, the number  and types of delivery trucks to the site

 

Frank Kennedy,  27 Lexington  Road, Tappan;  expressed  concerns  regarding  the number and types of delivery trucks on a daily basis to the project site as well traveling  along Lexington  Road.

 

Eileen Larken,  15 Horne Tooke  Road, Palisades;  presented  the Board with photographs  of other Walgreen’s  sites.  She wanted  to know the time of daily delivery trucks to the site. Ms  Larkan  reminded  the Board that Oak Tree Road had been designated  a Historic  Road a number of years ago ..  Finally, she wanted  to know if the applicant  needed to apply for any zoning  variances.

 

A motion was made to close the Public Hearing  portion  of the meeting  by William

Young,  and seconded  by Michael  Mandel  and carried  as follows:

Kevin Garvey,  aye; Bruce Bond, aye; Michael  Mandel,  aye; William Young,  aye; Robert Dell, aye; Thomas  Warren,  absent  and Stephen  Sweeney,  aye.

 

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PB#14 • 46: Walgreens  Resubdivision   Plan • Preliminary  Approval  Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

• February 11, 2015

Page 6of10

 

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

 

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

 

After having identified the relevant areas of environmental concern, namely drainage, surface water runoff, land clearing, vegetation, fauna, traffic and noise levels, and after having taken a hard look at said environmental issues, and after having deliberated regarding such concerns, and having heard from the applicant, the applicant’s professional representatives, namely Dynamic Engineering Consulting, PC and having heard from the following offices, officials

and/or Departments: {Town of Orangetown): Project Review Committee, Office of

Building, Zoning, Planning Administration and Enforcement and Department of

Environmental Management and Engineering; and having heard from the following involved and interested agencies: Town of Orangetown Zoning Board of Appeals, Rockland County Department of Health, Rockland County Sewer

District No.1, and having reviewed proposed Site Plans by prepared by Dynamic

• Engineering Consulting, PC, 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;

 

 

 

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PB#14  – 46: Walgreens   Resubdivision  Plan – Preliminary  Approval  Subject to Conditions/  Neg. Dec.

 

 

Town  of Orangetown    Planning   Board

February   11, 2015

Page 7of10

 

 

 

• Will not have an impairment of existing  community  or neighborhood  character;

eWill not remove or destroy  large quantities  of vegetation  or fauna;

• Will not remove or destroy large quantities  of wildlife  species  or migratory  fish;

eWill not have a significant  adverse  impact to natural  resources;

• Is consistent with the Town of Orangetown’s   Comprehensive/Master    Plan;

eWill not have adverse  economic  or social  impacts  upon the Town;

• Will not create a hazard to human health; and

G Will not create a substantial change in the use of land, open space or recreational resources.

 

On motion by Bruce Bond and seconded by William Young and carried as follows: Kevin Garvey, aye; Bruce Bond, aye; Michael Mandel, nay;

William Young, aye; Robert Dell, nay; Thomas Warren, absent and Stephen

Sweeney, 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 PRELIMINARY RESUBDIVISION PLAN APPROVAL SUBJECT TO THE FOLLOWING CONDITIONS:

 

1. The following note shall be placed on the Resubdivision 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 Resubdivision 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 Monumentation along Route 303 and along Oak Tree Road, at proposed R.O.W. dedication, is incomplete. Monuments shall be drawn and labeled at all subdivision corners and along the entire shall be drawn and labeled at all subdivision corners along the entire right of way.

 

4. The proposed curb line along Oak Tree Road does not allow for a bus to stop for passengers without blocking the east bound lane of Oak Tree Road. As presently designed, a vehicle passing a stopped bus will be forced into the west bound left turn lane, creating a dangerous condition. Additionally, a vehicle heading east bound that stops to make a left turn into Lexington Road will block all east bound traffic causing a back-up into the intersection at Route 303 north bound. The applicant shall be required to redesign the curb line along Oak Tree Road to address these safety concerns.

 

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PB#14 – 46: Walgreens  Resubdivision   Plan – Preliminary  Approval  Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

February 11, 2015

Page 8of10

 

 

5. ADA compliant sidewalks shall be provided along Oak Tree Road for the entire length of this property.

 

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

 

• Pursuant to the Rockland County Stream Control Act, the subdivision map must be reviewed and signed by the Chairman of the Rockland County Drainage Agency before the County Clerk will accept the plan for filing.
• A  review  shall  be  completed  by the  New York  State  Department of

Transportation and all required permits obtained.

• As part  of  the  subdivision  process,  the  portion  of  land  now  being transferred to tax lot 24 be rezoned to CS so that the entire new parcel is within the same zoning designation.

 

7. Rockland County Department of Health reviewed the Subdivision Plan and found that no Rockland County Health Department approvals are needed for this application.

 

8. 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.

 

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

Board assuming responsibilities of lead agency for SEQRA purposes:

– Rockland County Department of Health

– Rockland County Sewer District No. 1

– Town of Orangetown Zoning Board of Appeals

 

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

Preparation of Subdivision Pans prior to signing the final plans.

 

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

 

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 §21. Failure to abide by the conditions of this decision as set forth herein shall be considered

a violation of Subdivision Plan Approval pursuant to Town Code §21 and §6A.

 

13. 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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PB#14 • 46: Walgreens Resubdivision   Plan • Preliminary  Approval  Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

February 11, 2015

Page 9of10

 

Continuation  of Condition  #13 ….

 

 

 

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.

 

14. 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.

 

15. 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.

 

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

 

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PB#14 • 46: Walgreens  Resubdivision   Plan – Preliminary  Approval  Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

February 11, 2015

Page 10of10

 

 

 

 

17. 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).

 

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

 

19. 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

 

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

 

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

 

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

 

Dated: February 11, 2015

Cheryl Coopersmith

Chief Clerk Boards and Commissions

Town of Orangetown Planning Board

Attachment

 

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State  Environmental    Quality   Review  Regulations

NEGATIVE  DECLARATION

Notice  of Determination    of Non-Significance

 

 

Walgreens   Resubdivision     Plan •  Preliminary    Approval   Subject  to

Conditions/    Neg. Dec.

 

Town  of Orangetown    Planning   Board  Decision

February   11, 2015

 

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:  Walgreens   Resubdivision     Plan  –  Preliminary    Approval

Subject  to Conditions

 

SEQR STATUS:       Type  l                                          Unlisted   XXXXXX

CONDITIONED   NEGATIVE   DECLARATION:    Yes                   No   XXXXXX

 

 

DESCRIPTION  OF ACTION:   Resubdivision     Plan  Review

LOCATION:  The site is located  at 81   Route 303, Tappan,  New York; Sparkill, Town of Orangetown,  Rockland  County,  New York and as shown.   on the Orangetown  Tax Map as Section  77.15,  Block 1,  Lot 24 & 25in the Route 303

Overlay Zone and CC & CO zoning  districts.

 

 

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  action. 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,

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PB#14 – 24: Walgreens Site Plan: Preliminary  Site Plan Approval  Subject to

Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

February 11, 2015

Page 1of19

 

TO:

 

FROM:

Antimo Del Vecchio, Beattie Padovano, 50 Chestnut Ridge Road, Suite 208, Montvale, New Jersey 07645

Orangetown Planning Board

 

 

 

 

RE:               Walgreens Site Plan: The application Landmark Tappan, LLC, applicant for Super Power, Inc. owner, (Antimo Del Vecchio, attorney for the applicant) for Prepreliminary/ Preliminary Site Plan Review, at a site to be known as “Walgreens  Site Plan”, in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown, Chapter 21A of the Code of the Town of Orangetown and to determine the environmental significance of the application pursuant to the requirements of the New York State Environmental Quality Review Act.  The site is located at 81 Route 303, in the Route 303 Overlay Zone, Tappan, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 77.15, Block 1, Lot 24 in the CS zoning district.

 

Heard by the Planning Board of the Town of Orangetown at meetings held Wednesday, May 14, October 22, December 10, 2014 and February 11, 2015 the Board made the following determinations:

 

May 14, 2014

Thomas Tourso, Andy Del Vecchio, Robert Freud and Gary Dean appeared and testified

The Board received the following communications:

1. A Project Review Committee Report dated May 7, 2014.
2. An interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, dated May 14, 2014, signed by John Giardiello, P.E., Director.
3. An Interdepartmental memorandum from the Department of Environmental

Management and Engineering (DEME), Town of Orangetown, dated

May 8, 2014, signed by Bruce Peters, P .E.

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

May 14, 2014.

5. A letter from Rockland County Drainage Agency, signed by

Vincent Altieri, Executive Director, dated April 28, 2014.

6. Letters from Rockland County Department of Health, signed by

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

April 14, 2014.

7. A letter from Rockland County Sewer District No. 1, signed by

Joseph LaFiandra, Engineer, dated April 14, 2014.

8. A letter from the New York State Department of Transportation. signed by

Mary Jo Russo, Rockland County Permit Engineer, dated May 7, 2014.

9. A letter from the Town of Orangetown Zoning Board of Appeals, signed by

Dan Sullivan, dated April 16, 2014.

 

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PB #14 – 24: Walgreens Site Plan: Preliminary  Site Plan Approval  Subject to

Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

February 11, 2015

Page 2of19

 

10. A Short Environmental Assessment Form, signed by Thomas Tourso, dated

April 21, 2014.

11. List of Zoning Board of Appeals variances requested, prepared by Landmark

Tappan, LLC.

12. A copy of PB #13-40: Consultation, dated October 16, 2013.
13. A copy of the Stormwater Pollution Prevention Plan, prepared by Dynamic

Engineering, dated December, 2013.

14. A Traffic Impact Assessment, prepared by Dolan & Dean, dated

April 4, 2014.

15. Site Plans prepared by Dynamic Engineering Consulting, PC., dated

December 18, 2013:

• Sheet 1   of 14: Cover Sheet
• Sheet 2 of 14: Aerial Map
• Sheet 3of14:   Demolition Plan
• Sheet 4 of 14: Site Plan
• Sheet 5 of 14: Grading and Drainage Plan
• Sheet 6 of 14: Drainage and Utility Plan
• Sheet 7 of 14: Landscape Plan
• Sheet 8 of 14: Lighting Plan
• Sheet 9 of 14: Soil Erosion and Sediment Control Plan
• Sheet 10 of 14: Construction Detail
• Sheet 11  of 14: Construction Detail
• Sheet 12 of 14: Construction Detail
• Sheet 13 of 14: Construction Detail
• Sheet 14 of 14: Vehicle Circulation Plan

16. Architectural Plans prepared by Dietz Partnership, dated January 2, 2014, last revised February 26, 2014:

• A-1 :  Floor Plans
• A-2: Floor Plans

17. Property Survey prepared by Gallas Surveying Group, dated

August 30, 2013, last dated September 30, 2013.

18. Email from Tom Jones, abutting property owner, dated March 4, 2014.
19. Emails from Denis Fitzpatrick, area resident, dated May 13, 2014. The Board reviewed the plan.

The hearing was then opened to the Public.

 

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PB #14 – 24: Walgreens  Site Plan: Preliminary  Site Plan Approval  Subject to

Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

February 11, 2015

Page 3of19

 

Public Comments:

Lewis Verde, Attorney  representing  abutting  property  owners  Tom Jones and Michael  Hyde of 165 Oak Tree  Road, Tappan;  raised concerns  regarding  the placement  of the proposed  drive-in window  near their  property,  allowing  vehicle headlights  to shine into their house.   Mr. Verde  noted that the prior use was an auto repair shop, which generated  little traffic,  operated  from 9:00 a.m. to

5:00 p.m. and was closed on Saturdays.   He also raised concerns  with tractor trailer trucks  existing out onto Oak Tree Road.

 

Scott Wheatly,  38 Lexington  Road, Tappan;  appearing  as a homeowner;

Mr. Wheatly  noted that he was an employee  of the  Rockland  County Department of Highways  and a siting member  of the Town of Orangetown  Historic Areas Board of Review.  He submitted  a letter to the Board entitled  “Proposed Walgreens@   303 Tappan”.   Mr. Wheatly  discussed  roadway widening  and

turning  lanes on Route 303 and Oak Tree  Road and the size of the proposed  site signage.

 

Eileen Larken,  15 Horne Tooke  Road, Palisades;  expressed  concerns  regarding the propose  use of the site. She submitted  a hand drawn map and notes to the Board.   Mrs. Larken believed that the traffic at the intersection  of Route 303 and Oak Tree Road would  increase  and have a significant  impact to the area roadways.   She discussed  the answers  in the Short  Environmental  Assessment Form.

 

The Board requested  that an independent  Traffic  Consultant  be hired to conduct a traffic study of the site.

The applicant  requested a CONTINUATION. October 22, 2014

Thomas  Tourso,  Andy Del Vecchio,  Robert  Freud and Gary Dean appeared  and

testified

The Board received the following  communications:

1. An interdepartmental memorandum  from the Office of Building,  Zoning, Planning Administration   and Enforcement,  Town of Orangetown,  dated October  22, 2014, signed by John Giardiello,  P.E., Director.
2. Interdepartmental memorandums  from the Department  of Environmental

Management  and Engineering  (DEME),  Town of Orangetown,  dated

October  17 & 22, 2014, signed by Bruce  Peters,  P .E.

3. An Interdepartmental memorandum  from James  Dean, Superintendent   of

Highways,  Town of Orangetown,  dated October  20, 2014.

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

October  22, 2014.

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

Douglas J. Schuetz,  Acting  Commissioner   of Planning,  dated October  16, 2014.

 

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PB #14-  24: Walgreens Site Plan: Preliminary  Site Plan Approval  Subject to

Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

February 11, 2015

Page 4of19

 

 

6. A letter from Rockland County Department of Highways, signed by

Sonny Lin, P.E., dated October 20, 2014.

7. A letter from Rockland County Sewer District No.1, signed by

Joseph LaFiandra, Engineer II, dated September 30, 2014.

8. A letter from Rockland County Department of Health, signed by Scott McKane. P.E., Senior Public Health Engineer, dated September 25, 2014.
9. An interdepartmental memorandum from the Bureau of Fire Prevention, Town of Orangetown, dated May 20, 2014, signed by Michael B. Bettmann, Chief Fire Inspector.
10. A letter from the New York State Department of Transportation. signed by Joseph Taylor, Permit Engineer, NYSDOT Rockland County Residency, dated October 22, 2014.
11. A copy of the Stormwater Pollution Prevention Plan, prepared by Dynamic

Engineering, dated September 2014.

12. A copy of A Drainage Report, prepared by Dynamic Engineering, dated

December 2013.

13. Site Plans prepared by Dynamic Engineering Consulting, PC., dated

December 18, 2013, last revision date of September 2, 2014, unless noted:

• Sheet 1   of 14: Cover Sheet
• Sheet 2 of 14: Aerial Map
• Sheet 3 of 14: Demolition Plan
• Sheet 4of14:  Site Plan
• Sheet 5 of 14: Grading and Drainage Plan
• Sheet 6 of 14: Drainage and Utility Plan,
• Sheet 7 of 14: Landscape Plan
• Sheet 8 of 14: Lighting Plan
• Sheet 9 of 14: Soil Erosion and Sediment Control Plan
• Sheet 1 O  of 14: Construction Detail
• Sheet 11  of 14: Construction Detail, last revised August 2, 2014
• Sheet 12 of 14: Construction Detail
• Sheet 13 of 14: Construction Detail
• Sheet 14 of 14: Vehicle Circulation Plan, last revised August 2, 2014

14. Copy of the Traffic Impact Study, prepared by Maser Consulting P.A., dated

June 24, 2014, with attachment of a letter dated June 24, 2014 signed by

John T. Collins, Ph.D., P.E.

15. Email from Scott Wheatly, dated October 16, 2014.
16. Email from Denis Fitzpatrick, dated October 16, 2014.

 

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PB #14 – 24: Walgreens Site Plan: Preliminary  Site Plan Approval  Subject to

Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

February 11, 2015

Page 5of19

 

The Board reviewed the plans.

 

Dr. John Collins, P.E., presented the Traffic Impact Study, prepared by Maser Consulting P.A., dated June 24, 2014. The Board requested that the consultant review additional information relating to the traffic impact to the surrounding residential areas.

 

Public Comments:

Scott Wheatly, 38 Lexington Road, Tappan; raised concerns regarding that the development did not include any off-site improvements.  Mr. Wheatly agreed with the improvements requested by New York State Department of Transportation. He presented photographs to the Board of the placement of a bus shelter and submitted a drawing noting an increase in a turning lane along Oak Tree Road.

 

John Queuevo, 33 Lexington Road, Tappan, questioned the Board if any environmental studies had been completed; traffic, noise, etc.  He discussed the traffic back up on Lexington Road and requested that the Town make Lexington road a restricted one way road. Mr. Queuevo noted that he has been involved with the Town of Orangetown since 1968 in trying to slow down the traffic on Lexington Road. Now with the development of Walgreens and the possibility of

500 cars a day using the site, Lexington Road and the surrounding neighborhood would be significantly impacted.

 

Frank Kennedy, 27 Lexington Road, Tappan; asked for clarification regarding the direction of cars leaving and entering the project site.

 

Eileen Larken, 15 Horne Tooke Road, Palisades; raised concerns regarding the Traffic Study completed by Maser Engineering. She discussed the existing and increased truck traffic on Route 303.

 

Margaret Morrone, 19 Lexington Road, Tappan; questioned the Board regarding the vehicular turns out of the site onto Lexington Road.

 

Paul Winkelmeyer, 43 Lexington Road, Tappan; expressed concerns that the roadway system in the area is already congested and that with the construction of Walgreens the traffic to Lexington Road will be substantially impacted.  He suggested that the Town make Lexington Road a one way road.

 

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PB #14 • 24: Walgreens   Site  Plan:  Preliminary    Site  Plan  Approval   Subject  to

Conditions/    Neg. Dec.

 

 

Town  of Orangetown    Planning   Board

February   11, 2015

Page 6of19

 

 

 

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

 

A motion was made to reopen the Public Hearing portion of the meeting by

Bruce Bond and seconded by Michael Mandel and carried as follows:

Kevin Garvey, aye; Bruce Bond, aye; Michael Mandel, aye; William Young, aye;

Robert Dell, aye; Thomas Warren, aye and Stephen Sweeney, aye.

 

The applicant requested a CONTINUATION.

 

 

 

December 10, 2014

Andy Del Vecchio and Robert Freud appeared and testified

The Board received the following communications:

1. A Project Review Committee Meeting Report dated December 3, 2014.
2. An interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, dated December 10, 2014, signed by John Giardiello, P.E., Director.
3. An Interdepartmental memorandum from the Department of Environmental

Management and Engineering (DEME), Town of Orangetown, dated

December 4, 2014, signed by Bruce Peters, P.E.

4. Copy of an Amendment to the Traffic Impact Study, “Lexington Road Study”, prepared by Maser Consulting P .A, . , dated December 2, 2014 signed by

John T. Collins, Ph.D., P.E.

5. An Email from James Dean, Superintend of Highways, Town of Orangetown,

dated December 10, 2014.

 

The Board reviewed the plan.

 

Dr. John Collins, P .E., presented the Traffic Impact Study, prepared by Maser

Consulting P.A., dated December 2, 2014

 

The hearing was then opened to the Public.

 

Public Comments:

Margaret Morrone, 19 Lexington Road, Tappan; discussed a prior traffic study prepared in 2002.

 

Scott Wheatly, 38 Lexington Road, Tappan; discussed the widening of Route 303 to increase access to the site and surrounding area. Mr. Wheatly discussed the landscaping of the site.

 

Peter Feller, 62 Closter Road, Tappan, raised concerns regarding traffic to the project site, noting that the surrounding smaller roads will be impacted.

 

 

 

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PB #14 – 24: Walgreens  Site Plan: Preliminary  Site Plan Approval  Subject to

Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

February 11, 2015

Page 7of19

 

 

 

 

Eileen Larken, 15 Horne Tooke Road, Palisades; presented the Board with a photograph of a large truck, the type that would be coming to the project site. Ms. Larkan discussed the traffic circulation of Route 303 and Oak Tree Road.

 

Frank Kennedy, 27 Lexington Road, Tappan; held that the existing traffic create congestion on the roads and that the proposed development would increase the traffic to the area. He noted that the speed bumps placed in Lexington Avenue are gone.

 

 

Jane Slavin, 20 Jane Street, Tappan; a member of Rockland County Planning Board, however representing herself as a Tappan resident; held that the calming improvements to Lexington Avenue has created a significant traffic impact to Jane Street.

 

Helen Kennedy, 27 Lexington Road, Tappan; stated that Lexington Road currently has a significant traffic problem.

 

The applicant requested a CONTINUATION. February 11, 2015

Andy Del Vecchio, Robert Freud and Gary Dean appeared and testified

The Board received the following communications:

1. A Project Review Committee Meeting Report dated February 4, 2015.
2. Interdepartmental memorandums from the Office of Building, Zoning, Planning

Administration and Enforcement, Town of Orangetown, dated

January 28 and February 11, 2015, signed by John Giardiello, P.E., Director.

3. An Interdepartmental memorandum from the Department of Environmental

Management and Engineering (DEME), Town of Orangetown, dated

January 22, 2015, signed by Bruce Peters, P.E.

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

January 27, 2015.

5. A letter from Rockland County Department of Planning, signed by Douglas J. Schuetz, Acting Commissioner of Planning, dated December 18, 2015.
6. A Summary Report submitted by the Town of Orangetown Traffic Advisory

Board, dated December 16, 2014.

7. An interdepartmental memorandum from the Highway Department, Town of

Orangetown, dated January 21, 2015, signed by James J. Dean, Superintendent of Highways, with an email attachment dated December 10, 2014.

8. A letter from the New York State Department of Transportation, signed by

Joseph Taylor, Permit Engineer, dated January 27, 2015.

 

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PB #14 • 24: Walgreens Site Plan: Preliminary  Site Plan Approval  Subject to

Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

February 11, 2015

Page 8of19

 

 

 

9. Submitted at the meeting by the applicant; Site Plan Exhibit Rendering, prepared by Dynamic Engineering, dated February 1 O, 2015.
10. Submitted at the meeting by Eileen Larken, 15 Horne Tooke Road, Palisades; photographs.

 

The Board reviewed the plan.

 

The hearing was then opened to the Public.

Public Comments: Public Comment:

Scott Wheatly, 38 Lexington Road, Tappan; discussed issues of possible gridlock on the roadways surrounding the proposed development.  He requested information regarding the width of Route 303 and the configuration of the bus bump out and curb.

 

Margaret Morrone, 32 Lexington Road, Tappan; discussed past car accidents at the intersection of Route 303 and Oak Tree Road. In addition, she noted that the design of the proposed structure would change the historical significance of Tappan. Ms Morrone held that property values would decrease, pollution would increase as well as the overall quality of life would be impacted by the development of the site with Walgreen’s.

 

John Quevedo, 33 Lexington Road, Tappan; discussed the past four years and increased traffic to the area. Speed bumps and signs did not deter speeders on the roadways. With Walgreens coming the neighborhood, studies show that

there will be an increase in traffic to area. Mr. Quevedo requested information on the proposed exit/ entrances to the project site, the number and types of delivery trucks to the site

 

Frank Kennedy, 27 Lexington Road, Tappan; expressed concerns regarding the number and types of delivery trucks on a daily basis to the project site as well traveling along Lexington Road.

 

Eileen Larkan, 15 Horne Tooke Road, Palisades; presented the Board with photographs of other Walgreen’s sites. She wanted to know the time of daily delivery trucks to the site. Ms Larken reminded the Board that Oak Tree Road had been designated a Historic Road a number of years ago. Finally, she wanted to know if the applicant needed to apply for any zoning variances.

 

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PB #14 • 24: Walgreens   Site  Plan:  Preliminary    Site  Plan  Approval   Subject   to

Conditions/    Neg. Dec.

 

 

Town  of Orangetown    Planning   Board

February   11, 2015

Page 9of19

 

 

A motion was made to close the Public Hearing  portion of the meeting  by William

Young,  and seconded  by Michael  Mandel and carried  as follows:

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

 

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

 

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

applicant, the applicant’s professional representatives, namely Dynamic

Engineering Consulting, PC and having heard from the following offices, officials and/or Departments: (Town of Orangetown): Project Review Committee, Office of Building, Zoning, Planning Administration and Enforcement and Department of Environmental Management and Engineering; and having heard from the

following involved and interested agencies: Town of Orangetown Zoning Board of

Appeals, Rockland County Department of Health, Rockland County Sewer

District No.1, Rockland County Drainage Agency, and having reviewed proposed Site Plans by prepared by Dynamic Engineering Consulting, PC, 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;

 

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PB #14 • 24: Walgreens  Site Plan: Preliminary  Site Plan Approval  Subject to

Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

February 11, 2015

Page 10of19

 

 

 

• Will not create a potential for erosion, flooding, leaching or drainage problems; oWill 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 Bruce Bond and seconded by William Young and carried as follows: Kevin Garvey, aye; Bruce Bond, aye; Michael Mandel, nay;

William Young, aye; Robert Dell, nay; Thomas Warren, absent and Stephen

Sweeney, 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 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 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.

 

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PB #14 – 24: Walgreens   Site  Plan:  Preliminary    Site  Plan  Approval   Subject   to

Conditions/    Neg. Dec.                                        ·

 

 

Town  of Orangetown    Planning   Board

February   11, 2015

Page 11 of 19

 

 

 

3. The following variances need to be sought from the Town of Orangetown

Zoning Board of Appeals:

 

o    The minimum number of parking spaces required is 66 spaces and

62 spaces are proposed. (CS District, Column 6).

 

o           The Route 303 Overlay Zone District, Section 13. 1 O, “Nonresidential Areas”, 8.(4), Signage is not permitted within the 25 foot vegetated buffer. The proposed free standing sign is shown at

20 feet from the right of way line. Please label the 25 foot setback along Route 303 as the “Vegetative Buffer.”

 

o     The maximum signage area allowed is 40 square feet and 257.4 square feet is proposed. (CS District, Column 5, Number 6.(a)).

 

o     An illuminated sign “visible through a transparent panel” is prohibited. (4.2 “additional regulations for signs and artificial lights”, (e)).

 

4. A detail of the proposed “building mounted” signage shall be included on the plan.

 

5. The Short Environmental Assessment Form appears to be in order.

 

6. The Site Plan shall provide ADA compliant sidewalks along Oak Tree Road for the entire length of this property.

 

7. The proposed entrance/ exit along Route 303 shall be revised to be an entrance only for safety reasons, due to the multiple turning movement conflicts created by the two lane exit and its proximity to the intersection of Route 303 and Oak Tree Road. The New York State Department of Transportation has jurisdiction for the entrance/exit, however, the Town of Orangetown wishes to have its concerns noted.

 

8. The existing 4 inch sanitary building connection shall be depicted on the drawing and shown, and noted, to be cut and capped at the main in Oak Tree Road.

 

9. The revised SWPPP and drainage calculations are currently under review by DEME. However, the SWPPP does not appear to address Chapter 5 (Green Infrastructure) of the NYSDEC Stormwater Management Design Manual. The applicant’s engineer shall revise the SWPPP to indicate how the proposed drainage plan will address the requirements of Chapter 5. DEME still recommends that the applicant’s engineer investigate the possibility of a green roof as a way to satisfy the requirements of Chapter 5. An in depth/ formal review of the SWPPP shall be sent to the applicant’s engineer under separate cover.

 

 

 

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PB #14 ..  24: Walgreens Site Plan: Preliminary  Site Plan Approval  Subject to

Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

February 11, 2015

Page 12of19

 

10. The exit onto Oak Tree Road appears to “push” vehicles turning right out of the parking lot heading east into the westbound lane of Oak Tree Road. The curb line radius, heading out northeast at the proposed driveway entrance/ exit onto Oak Tree Road, shall match (18 foot radius) the curb line heading

northwest. The curb line at the eastern portion of the site, along Oak Tree Road, shall be “pulled back” to match the curb line along the rest of the northern border of the site while still keeping the gore strip between the new curbing and new sidewalk.

 

11. The applicant’s engineer shall investigate a “pull off area” for the proposed bus stop. In its current configuration, a bus that is stopped at the bus stop will block the east bound lane of Oak Tree Road, possibly causing vehicles behind it to block the Route 303/ Oak Tree Road intersection and/ or cause vehicles heading east, to travel in the eastbound lanes to pass the bus.

 

12. A post construction stormwater maintenance-agreement (in accordance with NYSDEC Phase II regulations and the Town of Orangetown Town Code) for the proposed stormwater systems shall be submitted to DEME and the Town of Orangetown Town Attorney’s office for review and approval. Said agreement shall include a maintenance and management schedule, inspection check list, contact person with telephone number, yearly report to be submitted to DEME, etc. Contrary to the applicant’s engineers letter of response to the Planning

Board, dated January 7, 2015, item #9 –  page 2 of 2, the PCSMA is required to be submitted/ reviewed and approved prior to receiving a 11sign off’ for the

SWPPP, which in turn needs to be accepted prior to the signing of the plant/

plan, NOT just prior to receiving building permits.

 

13. The revised soil erosion and sediment control plans and details are under review by DEME. However, the SESC plan (drawing #10) shows regrading happening beyond/ through the location of the silt fence which is to be installed near the south eastern portion of the southern property line, this is incorrect. The applicant’s engineer shall revise the SESC plan so that the SESC devices encompass ALL proposed work.

 

14. There appears to be an existing curb (poor condition) running between this lot and the lot the south (Lot #41), however, it is not shown on any of the drawings. This curbing shall be shown on at least the overall site plan (drawing

#3). Also, is this curbing going to be replaced as part of the proposed project?

To fully encompass the proposed “green area” (as shown on the landscape plan

– drawing #8) between the subject lot and Lot #41?

 

PB #14 – 24: Walgreens   Site  Plan:  Preliminary    Site  Plan  Approval   Subject   to

Conditions/    Neg. Dec.

 

Town  of Orangetown  Planning  Board

February 11, 2015

Page 13of19

 

15. Copies of all correspondence,  including  any and all approvals,  with the New York State Department  of Environmental   Conservation,   New York State Department  of Transportation,   Rockland  County  Department  of Health, etc., in connection  with this proposed  Site Plan, which  shall be supplied  to the Planning Board and to DEME,  prior  to signing   the  map.

 

16. The metes and bounds for the property lines along Route 303, as well as the metes and bounds for the proposed  R.O.W.  Dedication,  at the north eastern corner of the lot, shall be given on the plans.

 

17. The Monumentation along Route 303 and along  Oak Tree Road, at proposed R.O.W. dedication,  is incomplete.   Monuments  shall be drawn  and labeled at all subdivision  corners  and along the entire  right of way.

 

18. The application has provided sufficient  drainage  design to demonstrate  that potential  significant  adverse  impacts  with respect to drainage  can be mitigated. The Board’s  Drainage  Consultant,  Brooker  Engineer,  recommends  that the Walgreens  Site Plan be approved  for drainage  subject to the following  project comments.

 

This is the third drainage  review report to the Planning  Board for this project; the last review was dated  May 13, 2014. The site is located  at the southeast  corner of the intersection  of Route 303 and Oak Tree Road. A 10,088 SF Walgreens Pharmacy  is proposed  and an increase  in impervious  area of 5,828 square feet will result after construction  of the site improvements.  The site is mostly developed;  a wooded  area along the east property  line is to remain. Stormwater runoff flows west towards  Route 303 and north towards  Oak Tree Road. A

stormwater  management  system  consisting  of a Contech  Stormfilter  to address water quality concerns  and an underground  detention  system  are provided to mitigate  against  increases  in stormwater  runoff. The project addresses  NYSDEC criteria for redeveloped  sites.

 

Project  Comments

1. As per the May 13, 2014 and October  22, 2014 reports,  the proposed

curbline  along the southern  property  line shall not result in any ponding of water along the parking lot of the site to the south. Show that the easterly flowing  drainage  pattern to the woods  is maintained.  The Drainage Consultant  recommends  creating  a swale south of the new curb at the southeast  corner of the parking  lot to prevent  potential  ponding on the property to the south.

2. As per the October 22, 2014 report, elevation  information  shall be added

to the “Rain Tank  Detail” on Drawing  10. Access  of the system for maintenance  and inspection  shall be demonstrated.   ls any crushed  stone or filter fabric  required for this system?

3. The proposed spot grades  of elevations  40.3 and 40.45 at the southeast

corner of the building shall be revised to provide  a cross-slope  across the parking lot. The proposed  spot grade of 39.9 at the dumpster  shall be revised to prevent a low spot.

4. The proposed top of curb and grate elevation  at inlet #1 (at the south side of the Route 303 entrance)  shall be lowered to provide  a low point consistent  with the proposed  contours.
5. The revised drainage report received  by Brooker  Engin3eri~a009 January_   ·         …

12, 2015 is still under review.                                               ~l.:d’     S)H:l310 ~M01

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PB #14 – 24: Walgreens Site Plan: Preliminary  Site Plan Approval  Subject to

Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

February 11, 2015

Page 14of19

 

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

 

 

• An updated review shall be completed by the New York State Department of Transportation and all required permits obtained. In addition, all comments in their May 7, 2014 letter must be satisfactorily addressed.

 

• The letter dated September 18, 2014 letter from Antimo Del Vecchio of Beattie Padovano, LLC discusses the changes to the Site Plan, and how the layout now better confirms with the  Orangetown zoning ordinance. However, no discussion is provided as to why an interconnection is not provided or being sought as required in the Route 3030 Overlay Zone and as suggested by the NYSDOT.  This could help to reduce the number of access  points along the  State  highway  and  provide  better circulation between the commercial businesses.

 

• · Fields of  illumination from  proposed  onsite  lighting  sources  shall  not extend beyond the property line and into the state right of way.

 

• The fire zones must be clearly marked on the site.  Access to the fire zones shall be unimpeded by other parking areas and maneuverability on the site feasible.

 

• The fire department connections shall be designated on the site plan and kept clear for easy access by the emergency response vehicles.

 

 

• All proposed signage shall conform to the municipalities sign standards.

 

• Public sewer mains  requiring extensions  within  a  right of  way  or  an easement                     shall   be   reviewed   and   approved   by   Rockland   County Department of Health prior to construction.

 

• Water is a scarce resource in Rockland County; thus proper planning and phasing of this project are critical to  supplying the  current and future residents of the Towns, Villages and County with an adequate supply of water. A letter from the public water supplier, stamped and sealed by a NYS licensed professional engineer, shall be issued to the municipality for this project, certifying that there will be a sufficient water supply during peak demand periods and in a drought situation.

 

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PB #14 – 24: Walgreens   Site  Plan:  Preliminary    Site  Plan  Approval   Subject   to

Conditions/    Neg. Dec.

 

 

Town  of Orangetown    Planning   Board

February   11, 2015

Page 15of19

 

 

Continuation    of Condition   #19 …

 

 

 

• If any public  water  supply  improvements   are  required,  engineering   plans and   specification    for   these   improvements    shall   be   reviewed   by  the Rockland  County  Department   of  Health,  prior to construction.   In order  to complete     an  application   for  approval   of  plans  for  public  water   supply improvements,       the   water   supplier    must   supply   an   engineer’s    report pursuant    to   the   “Recommended     Standards    for   Water   Works,    2003

Edition,”  that  certifies  their  ability  to  serve  the  proposed   project  while meeting  the  criteria  contained   within  the  Recommended    Standards   for Water Works. These  standards  are adopted  in their entirety  in 1 O  NYCRR,

Subpart  5-1,  the  New York  State  regulations  governing  public  water

systems. Both the application and supporting engineer’s report must be signed and stamped by a NYS licensed professional engineer and shall be

accompanied by a completed NYS Department of Health Form 348, which must be signed by the public water supplier.

 

• The Rockland County Department of Planning requests the opportunity to review any  variances  that   may  be   requested  from  the   Town  of Orangetown Zoning Board of Appeals in order to implement the revised Site Plan, as required by New York State General Municipal Law, Section

239-m, (a)(v).

 

• It has been brought to the attention of Rockland County Department of Planning that two bus routes served by Coach USA, Bus Route 9A and Route AT traverse on Oak Tree Road. Currently there is no bus pull-off, so when a bus stops to discharge or pick up passengers, vehicles pass the busses, crossing the double yellow line.  This creates a very unsafe situation, and could result in collisions.   Although the County does not have a requirement for bus pull-offs, it is suggested that the Town require the applicant to incorporate a pull-off into the site plan design, which would allow the buses to fully exit the travel lanes to pick up or discharge bus passengers safely, and without crossing the double yellow line.

 

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

1  .     The   11    parking  spaces  reserved  for   bank  parking  spaces  on Walgreen’s property not be reserved, so that they would be available for use by these for which they are most convenient.

2. The additional 50′ acquired east of the property shall serve4 as an opportunity to extend the west bound left turn lane further to provide longer stacking lane for Walgreen’s entry.

 

301d.:10 S)n:I310 NMOl Sh rt tJtJ    l i: UUIJ  SlOZ NM013~NVHO  .:10   NMOl

 

PB #14 – 24: Walgreens   Site  Plan:  Preliminary    Site  Plan  Approval   Subject   to

Conditions/    Neg. Dec.

 

 

Town  of Orangetown    Planning   Board

February   11, 2015

Page 16of19

 

 

Continuation    of Condition   #20 …

 

 

 

3. It is desirable  to widen  the  right turn  lane on north  bound  Route 3030 at Oak Tree  Road junction  to at  least  11′ plus1′  paved  shoulder  and extend  the  land  to  accommodate    2  cars.     Grass  strip  next  to  the concrete  curb at the area above shall be eliminated.
4. Consider moving  bus  shelter  back further  to  make  room for  concrete sidewalk  continuation   and  better  traffic  flow.    By doing  so,  easement agreement  will have to be reached  to get into the existing  right of way. Behind  the  bus shelter,  ballads  will  need  to be installed  to protect  the parked cars on Walgreen’s   parking  lot.

 

21. Rockland County  Department  of Health reviewed  the Site Plan and found that  the application  for the storm water  management  system for compliance  with the County  Mosquito  Code has been made and obtained  by the applicant.   There are no other Rockland  County  Health Department  approvals  needed for this application.

 

22. Based upon Rockland County Drainage Agency  (RCDA)  evaluation  of available  mapping  and information  submitted,  it has been determined  that the proposed  activity is outside the jurisdiction  of the RCDA. Therefore,  a permit from the RCDA pursuant  to the Rockland  County Stream  Control Act, Chapter  846, is not required  based upon its review of the information  provided.

 

 

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

 

24. The New York State Department of Transportation  (NYSDOT)  reviewed the proposed  subject  property  and offered the following  comments:

The NYSDOT  requires  a set of plans showing  the locations  and types of all traffic signs relating to the entrance  and exit from  Route 303.                                ·

• Left turns onto Route 303 from the property as well as left turns onto the property from  Route 303 shall be prohibited.   Provide details of how the applicant  plans to address  the prohibiting  of left turns to and from the property.   Note: a “NO left turn” sign shall be located opposite  the driveway  and visible to motorists  entering  Route 303).
• The plans show that the vehicles turning  into the property from  Route 303 north bound will have to use the shoulders;  Department  policy prohibits vehicles  from traveling  on the shoulders.  Provide details,  site plan, pavement  markings  and pavement  sections,  of how the applicant  plans to address this concern.
• NYSDOT field review of the site confirms that there  is a connection  from the  headwall  at the stream and the inlet on Oak Tree  Road about  15′ north of the headwall.   Verify and show on the plans; as the inlet on Route 303 has been connected  to the inlet in question.

 

 

 

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PB #14 • 24: Walgreens   Site  Plan:  Preliminary    Site  Plan Approval   Subject   to

Conditions/    Neg. Dec.

 

 

Town  of Orangetown    Planning   Board

February   11, 2015

Page 17of19

 

 

 

 

25. The Town of Orangetown Fire Prevention  Bureau  (Bureau)  had the following comments:

• Install and maintain an NFPA 72 compliant  Fire Alarm   System;  connected to Rockland  County 44-Control,  with amber strobe as  per Town of Orangetown           Town Code.
• Provide plans for the required  Fire Alarm  System to the Bureau for approval            before work begins.
• Install and maintain  portable  fire extinguishers  as required  by NFPA 10.
• Provide  Emergency  Lighting  as per NEC.
• Provide parking  bollards to prevent vehicle  damage  to the building wherever            “pull in parking”  is shown on the Site Plan.
• Show “No Parking/Fire Zones”  on Final Approved  Site Plan.  Maintain striping  and signage for same Fire Zones.
• Apply for and maintain  a Certificate  of Compliance  Fire Safety with the

Town of Orangetown  Bureau of Fire Prevention.

 

 

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

Board assuming  responsibilities  of lead agency for SEQRA  purposes:

– Rockland  County  Department  of Health

– Rockland  County Sewer  District  No. 1

– Town of Orangetown  Zoning  Board of Appeals

– Rockland  County  Drainage  Agency

 

 

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

Preparation  of Site Pans prior to signing the final plans.

 

 

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

 

29. 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.

 

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PB #14 – 24: Walgreens Site Plan: Preliminary  Site Plan Approval  Subject to

Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

February 11, 2015

Page 18of19

 

 

 

 

30. 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.

– 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.

 

31. 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.

 

32. 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.

 

301.::1.:JO S)IH31~  NMO! Sh It W~     lI  UULJ  SIOZ NM013~NVHO   ~O NMOl

 

PB #14 – 24: Walgreens   Site  Plan:  Preliminary  Site  Plan Approval  Subject to

Conditions/  Neg. Dec.

 

 

Town  of Orangetown    Planning  Board

February   11, 2015

Page  19of19

 

 

 

 

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

 

34. 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).

 

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

 

36. 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

 

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

 

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

 

DECISION:  In view of the foregoing  and the testimony  before the Board, the application  was granted  the Site  Plan APPROVAL   FOR OUTDOOR  LOADING BERTHS.

 

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

 

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

 

Dated:  February   11, 2015

 

 

Cheryl Coopersmith

Chief Clerk Boards and Commissio   s

Attachment

 

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State  Environmental     Quality   Review  Regulations

NEGATIVE  DECLARATION

Notice  of Determination    of Non-Significance

 

 

Walgreens    Site  Plan  Preliminary    Site  Plan Approval    Subject   to Conditions/. Neg. Dec.

February   11, 2015

Town  of Orangetown    Planning   Board  Decision

 

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: Walgreens  Site Plan Preliminary  Approval  Subject to

Conditions

 

SEQR STATUS:    Type I                                             Unlisted XXXXXX

CONDITIONED NEGATIVE DECLARATION: Yes               No  XXXXXX

 

DESCRIPTION OF ACTION:  Site Plan Review

LOCATION: The site is located at 81 Route 303, Tappan, New York; Sparkill, Town of Orangetown, Rockland County, New York and as shown on the Orangetown Tax Map as Section 77.15, Block 1, Lot 24 in the Route 303 Overlay Zone and 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 action. 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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