Meeting Overview

MEETING  OF FEBRUARY  13, 2013

TOWN  OF ORANGETOWN   PLANNING  BOARD

 

MEMBERS  PRESENT:  Kevin Garvey, Chairperson; Bruce Bond,

Vice-Chairperson; William Young; Robert Dell; John Foody and Jeffrey Golda

 

MEMBERS ABSENT: Michael Mandel

 

 

ALSO PRESENT: John Giardiello, Director, Office of Building, Zoning, Planning

Administration and Enforcement; Robert Magrino, Deputy Town Attorney;

Ann Marie Ambrose, Stenographer, and Cheryl Coopersmith, Chief Clerk

 

Kevin Garvey, Chairperson, 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 ITEMS:

SchuylerAssociatesLLC SubdivisionPlan

2nd 90 Day Extension to File the

Subdivision Plan at the

 

 

 

Granted 2nd 90 Day

Extension to File

 

PB #13-03

 

Rockland County Clerk’s Office

65.15/1/7; R-40 zoning district

the SubdivisionPlat

 

Tracey SubdivisionPlan

1st 90 Day Extension to File the

Subdivision Plan at the

 

Granted 1st 90 Day

Extension to File

PB #13-04

 

Rockland County Clerk’s Office

70.18/2/6; R-15 zoning district

the SubdivisionPlat

 

SMK-Erie SubdivisionPlan

Prepreliminary/ Preliminary Subdivision Plan and SEQRA Review

70.13/1/21; R-15 zoning district

PB #13-05

PreliminarySubdivision

Plan ApprovalSubject to Conditions/Neg. Dec.

 

 

The decisions of the January 23, 2013 Planning Board Meeting was reviewed, edited, and approved. The motion for adoption was made and moved by John Foody and seconded by Jeffrey Golda and carried as follows: John Foody, aye; Kevin Garvey, aye, Jeffrey Golda, aye, Robert Dell, aye; Bruce Bond, aye; Michael Mandel, absent and William Young, 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 John Foody and seconded by Jeffrey Golda and agreed to by all in attendance. The meeting was adjourned at 8:30 p.m. The next Planning Board meeting is scheduled for Wednesday,

February 27, 2013.

 

DATED: February 13, 2013  ~s~                       …..-.-\–h_

 

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PB#13-  03: SchuylerAssociatesLLC Subdivision-  Granted 2nd 90 Day

Extensionto File the Subdivisionwith the Rockland CountyClerk’sOffice

 

Town of Orangetown Planning Board Decision

February 13, 2013

Page 1of2

 

TO:

 

FROM:

Donald Brenner, 4 Independence Avenue, Tappan, New York 10983

Town of Orangetown Planning Board

 

 

RE:               Schuyler Associates LLC Subdivision Plan: The application of Dan Foley, applicant, for Schuyler Associates, LLC., owner, (Donald Brenner, Attorney for the owner), for 2nd 90 Day Extensionto File the SubdivisionPlan at the Rockland County Clerk’s Office, at a site to be known as “Schuyler AssociatesLLC SubdivisionPlan”, in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown, Chapter 21 of the Code of the Town of Orangetown. The site is located at 45 Schuyler Road, Nyack, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 65.15, Block 1, Lot 7 in the R-40 zoning district.

 

Heard by the Planning Board of the Town of Orangetown at a meeting held Wednesday, February 13, 2013, at which time the Board made the following determinations:

 

Donald Brenner appeared and testified for the applicant. The Board received the following communications:

1  .   Project Review Committee Report dated February 6, 2013.

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 13, 2013.
3. Interdepartmental memorandums from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated October 16 and February 7, 2013.
4. Copy of PB #12-15, Final Subdivision Plan Approval Subject to Conditions, dated April 25, 2012.

 

There being no one to be heard from the Public, a motion was made to close the

Public Hearing portion of the meeting by William Young and second by John Foody and carried as follows: Bruce Bond, aye; Kevin Garvey, aye; Michael Mandel, absent; William Young, aye; Robert Dell, aye; John Foody, aye and Jeffrey Golda, aye.

 

PB#13-  03: Schuyler   Associates    LLC Subdivision    –  Granted   2nd  90 Day

Extension   to File the  Subdivision    with  the  Rockland   County  Clerk’s   Office

 

Town  of Orangetown    Planning   Board  Decision

February   13, 2013

Page 2of2

 

 

DECISION:   Jn view of the foregoing,  the Board GRANTED  the  2nd  90 Day Extension   to  File the  Subdivision    Plan with  the  Rockland   County   Clerk’s Office.

 

 

The foregoing  Resolution  was made and moved  by Bruce Bond and seconded by William  Young  and carried as follows:  Kevin Garvey,  aye; Bruce Bond, aye; Michael  Mandel,  absent;  John  Foody, aye; William  Young,  aye; Robert Dell, aye; and Jeffrey  Golda,  aye.

 

 

The Clerk of the Board is hereby authorized,  directed  and empowered  to sign this

Decision   and file a certified  copy in the Office of the Town  Clerk and this Office of the Planning  Board.

 

 

Dated:  February   13, 2013     C ~   !~~~

Town of Orangetown  Planning  Board

 

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PB#13-  04: Tracey  Subdivision –  Granted  1st  90 Day Extensionto File the

Subdivisionwith the Rockland CountyClerk’sOffice

 

Town of Orangetown Planning Board Decision

February 13, 2013

Page 1of2

 

TO:

 

FROM:

Donald Brenner, 4 Independence Avenue, Tappan, New York 10983

Town of Orangetown Planning Board

 

 

RE:               Tracey Subdivision Plan: The application of the Patricia and Michael Tracey, owners, (Donald Brenner, Attorney for the owner), for 1st Day Extensionto File the SubdivisionPlan at the RocklandCountyClerk’s Office, at a site to be known as “Tracey SubdivisionPlan”, in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown, Chapter 21 of the Code of the Town of Orangetown. The site is located at 525 Western Highway, Blauvelt, Town of Orangetown, Rockland County, New York and as shown on the Orangetown Tax Map as Section 70.18, Block 2, Lot 6 in the R-15 zoning district.

 

Heard by the Planning Board of the Town of Orangetown at a meeting held Wednesday, February 13, 2013, at which time the Board made the following determinations:

 

Donald Brenner appeared and testified for the applicant. The Board received the following communications:

1. Project Review Committee Report dated February 6, 2013.
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 13, 2013.
3. Interdepartmental memorandums from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated October 16 and February 7, 2013.
4. Copy of PB #12-36, Reapproval of Final Subdivision Plan Approval Subject to

Conditions, dated July 18, 2012.

 

There being no one to be heard from the Public, a motion was made to close the

Public Hearing portion of the meeting by Bruce Bond and second by

William Young and carried as follows: Bruce Bond, aye; Kevin Garvey, aye; Michael Mandel, absent; William Young, aye; Robert Dell, aye; John Foody, aye and Jeffrey Golda, aye.

 

PB#13-  04: Tracey  Subdivision  –  Granted   1st 90 Day Extension   to File the

Subdivision    with  the  Rockland   County  Clerk’s   Office

 

 

Town  of Orangetown    Planning   Board  Decision

February   13, 2013

Page 2of2

 

 

DECISION:    In view of the foregoing,  the Board GRANTEDthe  1st 90 Day Extension  to File the Subdivision   Plan with  the Rockland  County Clerk’s Office.

 

 

The foregoing  Resolution  was made and moved by Bruce Bond and seconded by William  Young  and carried  as follows:  Kevin  Garvey,  aye; Bruce Bond, aye; Michael  Mandel,  absent;  John  Foody, aye; William  Young,  aye; Robert  Dell, aye; and Jeffrey  Golda, aye.

 

 

The Clerk of the Board is hereby  authorized,  directed  and empowered  to sign this

Decision and file a certified  copy in the Office of the Town  Clerk and this Office of the Planning  Board.

 

 

Dated: February  13, 2013      C~~~

.   Town of Orangetown  Planning  Board

 

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PB #13- 05: SMK-   Erie  Subdivision   Plan – Preliminary    Site  Plan  Approval

Subject   to Conditions;  Neg.  Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

February   13, 2013

Page  1of10

 

TO:

 

 

FROM:

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

Orangetown  Planning  Board

 

 

RE:     SMK-Erie  Subdivision   Plan: The application  Sean Keenan,  applicant  for SMK Home Builders,  Inc., owner,  (Robert  Knoebel,  attorney  for the applicant),  for Prepreliminary/     Preliminary    Subdivision  Plan  Review,  at a site to be known

as “SMK-    Erie 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  86 West  Erie Street,  Blauvelt,  Town of Orangetown,   Rockland  County,

New York, and as shown on the Orangetown  Tax Map as Section  70.13,  Block  1, Lot 21 in the R-15 zoning district.

 

Heard by the Planning  Board of the Town  of Orangetown  at a meeting  held Wednesday,    February   13, 2013 at which time the Board made the following determinations:

 

Robert Knoebel,  Sean Keenan  and Jay Greenwell  appeared  and testified. The Board received the following  communications:

1. ‘Project Review Committee Report,  dated  February  6, 2013.
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  13, 2013.
3. An Interdepartmental memorandum   from the Department  of Environmental Management  and Engineering  (DEME),  Town  of Orangetown,  signed  by Bruce Peters,  P.E., dated  February  7, 2013.
4. A letter from Brooker Engineering, signed  by Kenneth  DeGennaro,   P.E., dated

February  5, 2013, with attachments.

5. A letter from Rockland County  Sewer  District #1, signed  by Joseph  LaFiandra, Engineer  II, dated January  30, 2013.
6. A letter from the Rockland County Department  of Health,  signed  by

Scott  McKane.  P.E., Senior  Public Health  Engineer,  dated  January  9, 2013.

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

Daniel W. Sullivan,  Chairman,  dated  January  16, 2013.

8. A Full Environmental Assessment  Form, dated January  16, 2013, signed  by

Jay Greenwell,  PLS.

 

 

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February  13, 2013

Page 2of10

 

 

 

9. Subdivision Plans prepared by Jay Greenwell, PLS, LLC, dated

December 12, 2012:

Drawing 1: Subdivision of Property for SMK-Erie

Drawing 2: Grading Drainage & Utility Plan with Erosion Control

Drawing 3: Road Plan/ Profile & Details

Drawing 4: Details

Drawing 5: Erosion Control Plan

10. Submitted at the meeting, a sight distance plan, prepared by Jay Greenwell, PLS.

 

The Board reviewed the plans.

 

PublicComment:

Charlie Miller, 103 West Erie Street, raised concerns regarding the placement of the detention basin.

Ted Bascol, 110 Del Regno Court, expressed concerns regarding the decrease of privacy to his property.  He also requested the removal of three trees from the site.

Lisa Sullivan, 15 Colony Drive, requested information regarding the continuation of Del Regno Court.

Brian McKieran, raised concerns regarding the detention basin and making it appear visual pleasing.

 

A motion was made to close the Public Hearing portion of the meeting by William Young and second by Robert Dell and carried as follows: Kevin Garvey, aye; Bruce Bond, aye; William Young, aye; Robert Dell, aye; John Foody, aye; Jeffrey Golda, aye and Michael Mandel, absent.

 

SEQRA

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 ofthe 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 the Town of Orangetown’s engineering consultant, Brooker E:ngineering,and having heard from the following offices, officials and/or Departments: (Town of Orangetown): Project Review Committee, Zoning Board of Appeals, Office of Building, Zoning, Planning Administration and Enforcement and Department of Environmental Management and Engineering, and having

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February  13, 1013

Page 3of10

 

 

 

heard from the following involved and interested agencies: Rockland County Department of Health, Rockland County Sewer  and having reviewed a proposed Site 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:

– 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 Bruce Bond and seconded by Bruce Bond and carried as follows: John Foody, aye; Michael Mandel, absent; Robert Dell, aye; John Foody, aye; William Young, aye; Jeffrey Golda, aye and Kevin Garvey, aye the Board Reaffirmed the Negative Declaration pursuant to SEQRA.

 

DECISION: In view of the foregoing and the testimony before the Board, the application was GRANTED PRELIMINARY SUBDIVISION PLAN 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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February  13J 2013

Page 4of10

 

 

 

2. The following note shall be placed on the Subdivision Plan regarding Stormwater Management Phase 11 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 Zoning Bulk Table shall contain the proposed bulk items for each subdivision lot.

 

 

4. The Zone District shall be provided on the plans and shall be labeled on the vicinity map.

 

 

5. The minimum front yard in the Zoning Bulk Table on the Subdivision Map shall be corrected to note as “30 feet,” not 50 feet.

 

 

6. The sight distance measurements for the driveway on Erie Street shall be provided on the plan.

 

 

7. The 162 and 164 contours on Lot #1, next to the North side of the roadway’s hammerhead ends abruptly, white the road surface at that location are shown as

164.8 and 165.4, respectively.

 

8. The plans shall show how the individual roof drainage discharge for the proposed homes will be mitigated, such as drywells, etc.

 

9. The Full Environmental Assessment is currently under review.

 

10. The detention basin shall be rotated on the site. Appropriate vegetation shall be planted at the basin, subject to review and approval by the Town of Orangetown Architecture and Community Appearance Board of Review.

 

 

11. A contract limit line shall be placed along the Northerly and Easterly side of the property.

 

12. The applicant shall dedicate the 50 foot right of way proposed to be the extension of Private Del Regno Court. The legal document shall be submitted to DEME and the Town Attorney’s Office for review and approval in substance and form.

 

13. The drainage calculations are currently under review by DEME.

 

14. The catch basins at the end of the existing temporary turnaround shall be realigned to be parallel with the new proposed road.

 

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PB #13· 05: SMK-   Erie Subdivision Plan·  Preliminary Site Plan Approval

Subject to Conditions; Neg. Dec.

 

 

Town of Orangetown   Planning Board Decision

February 13, 2013

Page 5of10

 

 

 

15. The road elevation shall be realigned so as to match more closely to the existing grades, so that a retaining wall is not needed. This will make future extension of the proposed road more feasible.

 

16. The existing grading, into the neighboring lot at the end of the proposed temporary turn around shall be given on the plans.

 

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

 

18. The existing stone wall along proposed lot #3 and detention basin lot shall be removed for both ease construction and ease of future maintenance of the proposed sanitary sewer main.

 

 

19. The fence at the west side of the proposed detention basin shall be relocated off of the proposed sanitary sewer main.

 

20. Detailed information regarding the proposed storage pond/ basin shall be supplied (i.e. storage capacity at certain elevations, berm reinforcing, etc.) also, a more detailed (i.e. blow-up) plan shall be provided to show emergency spillway, vehicular access, etc.

 

21. The proposed detention basin property shall be dedicated to the Town of Orangetown, not easemented. The legal document shall be submitted to DEME and the Town Attorney’s Office for review and approval in substance and form.

 

22. The proposed sanitary main shall be easemented to the Town of Orangetown Sewer Department, as well as an ingress and egress easement. Metes and bounds shall be provided. The easements shall be submitted to DEME and the Town Attorney’s Office for review and approval in substance and form.

 

23. The drawings shall be modified to show cleanouts on all the proposed sanitary house connections, just inside the property lines.

 

24. The proposed sanitary manhole, at the end proposed turn around, is shown in two different locations on drawings 2 and 5. The manhole shall be located in the proposed road, as shown on drawing #5; drawing #2 shall be revised accordingly.

 

 

25. Profiles for the sanitary and storm sewer lines shall be provided with the plans.

 

 

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February 13, 2013

Page 6of10

 

 

 

26. The Drainage Consultant to the Planning  Board,  Brooker  Engineering,  held the application  included  sufficient  supporting  data to demonstrate  that  potential significant  adverse  to stormwater  runoff could be mitigated.  The consultant therefore  recommended  that SMK –  Erie Subdivision  be approved  for drainage subject  to the following  Project Comments:

 

Project Description

This is the first drainage  review  report to the Planning  Board for this project. The property  is on the north side of Erie Street, just west of Pvt. Del Regno Lane. The site includes  an existing  house that  is to remain and stormwater  runoff generally flows northwest.  The property  is flat and mainly grass/meadow  with some woods along  property  lines. A detention  basin is proposed  to provide  stormwater mitigation.

 

Project Comments

(1) The drainage  report shall show the Point(s) of Interest  being considered  and the change  in runoff with respect  to the Point(s) of Interest.  It appears  that stormwater  runoff that flows to the northwest  corner  of the property  (toward Colony Drive) under existing  conditions  is intercepted  by the new road and diverted  south  of the property  (Erie Street) for proposed  conditions.  The Planning Board’s  Drainage  Consultant  had no objection  to diverting  stormwater  runoff

away from Colony  Drive to Erie Street;  however,  it shall be demonstrated  the

storm drainage  system  in Erie Street  has the capacity  to receive this stormwater.

 

 

{2) The Erosion  Control  Plan lists 29,675  square feet of impervious  area remaining   after full build out of the property.  This is approximately  23.5%  of the total site. NYSDEC  SPDES  General  Permit 01-10-0001  (Appendix  B, Table  1) does not require post-construction   stormwater  quality  measures. for “Single family residential  subdivisions  with 25% or less impervious  cover at total site build out”. Calculations  shall  be provided that demonstrate  the total site impervious  area of

23.5%  and shall include  reasonable  areas for walks,  patios, etc.

 

 

(3) The drainage  report shall include  a drainage  basin map that shows the drainage  basin that is intended  to be diverted  to the detention  basin and drainage basin that bypasses  the detention  basin.

 

 

(4) A Stormwater  Pollution  Prevention  Plan shall be prepared  as per the requirements  of Section  81 of the GP-0-10-001.

 

 

(5) The foundation  drain design for several  of the dwellings  shall be revised:

• Proposed  Lot 6 has a basement  floor elevation  of 162.0. The foundation  drain ties into a catch basin in Erie Street that  has a pipe invert of 161.09 and a 24- inch pipe. If this pipe is flowing full the basement  will surcharge.  It is

recommended  a detailed  design  be prepared  to demonstrate  that this basement will be dry in the event the 24-inch  pipe is flowing  full.

 

 

 

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February  13~  2013

Page 7of10

 

Continuation of Condition #26 (5)

 

 

• The foundation drain shall be shown for Proposed Lot 3. The consultant noted this basement is at elevation 160.5 and the located close to the detention basin, which has an invert of 159.5.

 

 

• The foundation drains for Lots 2 and 5 shall include check valves. The inverts of the footing drains shall be at a minimum at the crown of the storm drain in the new catch basin.

 

(6) The grading in several areas needs revision or more detail:

• Grading in the front and side yards of Proposed Lot 5 shall be corrected as ponding will most likely occur in this area.
• More spot grades and the swales between Lots 5 and 6 shall be added as it appears ponding will occur in this area.
• The swale shall be shown in the front yard of Lot 6.
• The driveway for Lot 1   shows a downhill driveway with runoff directed from

the street to the backyard. A high point shall be added at the start of the driveway to prevent runoff from the street from entering the driveway.

• A proposed elevation 168 contour shall be shown in the rear yard of Lot 4.
• The proposed 164 contour in the front yard of Lot 1   shall be labeled 166.
• Spot grades shall be added at all property corners and all swales shall be

clearly labeled. There are several instances where swales will cross property lines so the drainage pattern shall be clearly indicated to avoid situations where homeowners build landscaping berms and trap surface runoff on neighboring properties.

 

 

(7) The crown of the outlet pipe of the detention basin that enters the existing catch basin in Erie Street shall match the crown of the existing outlet pipe in the catch basin.

 

 

(8) The outlet structure rim is labeled as 164.7 on the plan and 165.0 on the detail. The top of berm is 165.0. An emergency overflow along the top of berm shall be provided in the event the outlet structure is clogged that directs runoff from the detention basin and not to the property to the west or Lots 3 or 4.

 

 

(9) The existing catch basins in the temporary turnarounds at Pvt. Del Regno Court (at the start of the road extension) are aligned with the catch basin curb pieces parallel to the existing curb to be removed. The new catch basins will require curb pieces that are parallel to the curb line of the new curb line. The catch basins will have to be realigned or replaced, which shall be noted on the plan. The southern catch basin at this location will require an oversized catch basin due to the size and angle of the pipes. This shall be added to the plan. More detail of the grading in this transition area from existing to road detail shall be added. Stormwater runoff from Pvt. Del Regno Court is currently intercepted by the existing curb at the temporary turnaround to be removed and conveyed to these catch basins. The runoff from the existing road shall not bypass these catch basins, which would most likely result in proposed detention system not functioning as designed.

 

 

 

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Continuation  of Condition  #26

 

 

 

(10) The detention  calculations  shall be expanded  to include the 2-, 10-, 25-, and

50-year,  24 hour storm events.

 

 

27. The Rockland  County  Department  of Health (RCDOH)  reviewed  the plans and found  and provided the following  comments:
28. 10 NYCRR 97:14(b) (2) (ii) of the New York  Codes,  Rules and

regulations  lists Realty Subdivisions  as a Type  I  Action.  As such, the

“Short Environmental  Assessment   Form” cannot  be used for SEQRA.

 

 

1. form application for Realty Subdivision approval  is to be made to the

Rockland  County  Health  Department.

 

 

1. Application is to be made to the RDCOH for a water  main extension. This application  is to be made through  United Water  New York.

 

1. Separate application is to be made to the RCDOH for review of the storm water  management   system for compliance  with the County Mosquito  code.

 

28. 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.

 

29. 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.

 

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

Preparation  of Subdivision   Plans prior to signing  the final plans.

 

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

 

32.All  of the conditions  of this decision,  shall be binding  upon the owner of the subjectproperty,    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.

 

 

 

 

 

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33. 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:

– 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.

 

34. All landscaping shown on the Subdivision 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.

 

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

 

 

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

 

37. 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).

 

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

 

39. 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

 

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

 

41. 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 #1

– Town of Orangetown Zoning Board of Appeals

 

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; William Young, aye; John Foody, aye; Robert Dell, aye; Jeffrey Golda, aye and Michael Mandel, 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:February13,2013        C  Co-o~r:.~~

Town of Orangetown Planning  Board

 

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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: SMK-Erie  SubdivisionPlan Review

SEQR  STATUS:       Type  I                                           Unlisted   XXXXXX

CONDITIONED   NEGATIVE   DECLARATION:    Yes                   No   XXXXXX

 

DESCRIPTION OF ACTION: PreliminarySubdivisionPlan Review LOCATION: The site is located  86 West  Erie Street,  Blauvelt,  Town of Orangetown,   Rockland  County,  New York, and as shown  on the Orangetown  Tax Map as Section  70.13,  Block  1, Lot 21 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,   NYSDEC,-  Town Supervisor,   Applicant, Involved Agencies

 

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