Meeting Overview

MEETING  OF FEBRUARY  27, 2013

TOWN OF ORANGETOWN   PLANNING  BOARD

 

MEMBERS  PRESENT:  Kevin Garvey, Chairperson; Bruce Bond,

Vice-Chairperson; William Young; Michael Mandel; Robert Dell; John Foody and

Jeffrey Golda

 

MEMBERS  ABSENT:  None

 

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

Administration and Enforcement; Robert Maqrino, 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:

 

Columcille Site Plan

Final Site Plan

78.09/1/26 & 27; LO zoning district

Final Site Plan Approval Subject to Conditions

PB #13-06

 

 

The decisions of the February 13, 2013 Planning Board Meeting were reviewed, edited, and approved. The motion for adoption was made and moved by Bruce Bond and seconded by Michael Mandel and carried as follows: Kevin Garvey, aye, Bruce Bond, aye; John Foody, aye; Jeffrey Golda, aye, Robert Dell, aye; Michael Mandel, aye 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 Michael Mandel and agreed to by all in attendance. The meeting was adjourned at 7:45 p.m.

The next Planning Board meeting is scheduled for Wednesday, March 13, 2013.

 

DATED:  February 27, 2013

 

 

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PB #13 – 06: Columcille    Site  Plan:  Final  Site  Plan  Approval   Subject to

Conditions

 

 

Town  of Orangetown    Planning   Board  Decision

February   27, 2013

Page  1of7

 

TO: FROM:

Donald  Brenner,  4 Independence  Avenue,  Tappan,  New York

Orangetown   Planning  Board

 

 

RE:     Columcille  Site Plan: The application  of Columcille  Properties,  owner, for Final Site Plan Review  (Donald  Brenner,  attorney  for the owner), for an expansion  to an existing  building,  at a site known as “Columcille  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 348 Route 9W, Palisades, Town  of Orangetown,  Rockland  County,  New York, and as shown  on the Orangetown  Tax  Map as Section  78.09,  Block  1,  Lots 26 & 27 in the LO zoning district.

 

 

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

February   27, 2013 at which  time the Board made the following  determinations:

 

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

1. Project Review Committee Report dated  February  20, 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  27, 2013.
3. An Interdepartmental memorandum  from the Department  of Environmental Management  and Engineering  (DEME),  Town of Orangetown,  signed  by Bruce  Peters,  P.E., February  25, 2013.
4. A letter from Rockland County  Department  of Planning,  signed Thomas  B. Vanderbeek,   P.E., Commissioner   of Planning,  dated February  22, 2013.
5. A letter from Rockland County  Department  of Health,  signed  by

Scott McKane.  P.E., Senior  Public Health  Engineer,  dated  February  14, 2013.

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

Mary Jo Russo,  Rockland  County  Permit  Engineer,  dated  December  18, 2012.

7. Site Plan prepared by Anthony  Russo,  P.E., dated January  3, 2013.
8. Copies of A CAB OR #13-03, Approved Subject  to Conditions,  dated February  7, 2013 and PB #12-53,   Preliminary  Site Plan Approval  Subject to Conditions  dated  December  12, 2012.
9. Architectural Plans entitled  “Skae  Power Solutions”,  prepared  by

Kier Levesque,  R.A., dated January  18, 2013: A-2:  New Ground  Floor Plan

A-3:  East Elevation A-4: West Elevation A-5: South  Elevation

 

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February  27~ 2013

Page 2of7

 

The Board reviewed the plan.

 

 

PublicComment: Laure Peek, 626 Washington Street  Tappan: asked the

Board if they reviewed the plan with consideration to the eco system in the area.

 

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

 

 

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

 

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

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

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

and the Office of Building, Zoning and Planning Administration and Enforcement.

It is the responsibility and obligation of the property owner to arrange such a meeting.”

 

 

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

 

3. The Site Plan shall be signed and sealed by the Professional Engineer.

 

4. The instrument number (page and liber) as well as ownership of all existing easements shall be given on the Site Plan.

 

5. The parking areas/ driveway areas shall be redesigned so that they will not lead directly into the proposed addition.

 

6. Soil erosion and sediment control plans and details shall be submitted to

DEME for review and approval.

 

 

February 27, 2013

Page 3of7

 

 

 

7. 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.

• There shall be no net increase in the peak rate of discharge from the site at all design points.

 

 

8. The Rockland County Department of Health (RCDOH) reviewed the plans and found that this site is served by an existing subsurface disposal system. RCDOH records show that the system was designed to accommodate 85 employees.

The anticipated number of employees under this application is 86, a de minimis

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

Department of Health approvals needed for this application.

 

9. The New York State Department of Transportation (NYSDOT) reviewed the plans and had the following comments:

1) The proposed and existing details shall be better differentiated on the plans.

2) The plans show an emergency gravel drive, but it is not visible in the field.  Please clarify the intent. A second entrance would not be approved for this site by NYSDOT.

 

10. The applicant shall comply with all pertinent and appllcable conditions of all previous Board Decisions: ACABOR #13-03, Approved Subject to Conditions, dated February 7, 2013 and PB #12-53, Preliminary Site Plan Approval Subject to Conditions dated December 12, 2012.

 

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

Preparation of Site Plans prior to signing the final plans.

 

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

 

13. 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 #13-06:  Columcille    Site  Plan:  Final  Snte Plan Approval   Subject   to

Conditions

 

 

Town  of Orangetown    Planning   Board  Decision

February   27, 2013

Page 4of7

 

 

 

14. 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.

 

15. 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.

 

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PB #13-06:  Columcille    Site  Plan:  Final  Site  Plan Approval   Subject   to

Conditions

 

 

Town  of Orangetown    Planning   Board  Decision

February   27, 2013

Page 5of7

 

 

 

16. 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.

 

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

 

18. 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).

 

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

 

20. 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

 

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

 

Overrides

The Board made a motion to override  Conditions  #2, #3, #5, #6 and #7 of the February  22, 2013  letter from  Rockland  County  Department  of Planning,  signed by Thomas  B. Vanderbeek,   PE., Commissioner  of Planning, for the following reasons:

 

 

 

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Overrides –  Continued…..

 

 

 

#2. A review shall be completed by the Palisades Interstate Park Commission and their comments considered.

 

 

The  Board  held  that  the  Palisades  Interstate  Park  Commission  had  been provided with the plans. The agency did not respond to the Referral.

 

A motion to override the Condition #2 was made and moved by Bruce Bond and seconded by William Young and carried as follows: Bruce Bond, aye; Kevin Garvey, aye; Robert Dell, aye; Michael Mandel, aye; Jeffrey Golda, aye; William Young, aye and John Foody, aye.

 

 

 

#3. 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 Urbari Erosion and Sediment Control.

 

 

The  Board held that the project consisted of construction on developed land, previously used as a parking area.

 

A motion to override the Condition #3 was made and moved by Bruce Bond and seconded by William Young and carried as follows: Bruce Bond, aye; Kevin Garvey, aye; Robert Dell, aye; Michael Mandel, aye; Jeffrey Golda, aye; William Young, aye and John Foody, aye.

 

 

 

#5. A landscaping plan shall be submitted for review.

 

The Board held that the existing landscaping on site was not impacted by the development.   The  Board noted that ACABOR  had reviewed the landscaping surrounding the structure, and requesting additional plantings .

 

A motion to override the Condition #5 was made and moved by Bruce Bond and seconded by Michael Mandel and carried as follows: Bruce Bond, aye; Kevin Garvey, aye; Robert Dell, aye; Michael Mandel, aye; Jeffrey Golda, aye; William Young, aye and John Foody, aye.

 

 

 

#6. All existing and proposed signage shall be indicated on the Site Plan and shall conform to the municipality’s sign standards.

 

The Board held that the existing signage would not be changed, and no new signage would be added.

 

 

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Overrides –  Continued …..

 

 

A motion to override the Condition #6 was made and moved by Bruce Bond and seconded by Michael Mandel and carried as follows: Bruce Bond, aye; Kevin Garvey, aye; Robert Dell, aye; Michael Mandel, aye; Jeffrey Golda, aye; William Young, aye and John Foody, aye.

 

 

 

#7. A lighting plan shall be provided that shows fields of illumination. Lighting shall not shine beyond the property line or into any State highway.

 

The Board held that the existing lighting would not be changed, noting that the existing lighting Plan is adequate.

 

A motion to override the Condition #7 was made and moved by Bruce Bond and seconded by John Foody and carried as follows: Bruce Bond, aye; Kevin Garvey, aye; Robert Dell, aye; Michael Mandel, aye; Jeffrey Golda, aye; William Young, aye and John Foody, aye.

 

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

and Jeffrey Golda, 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 27, 2013

Town of Orangetown  Planning  Board

 

 

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