Meeting Overview

 

Meeting of January  14, 2015

Town of Orangetown  Planning  Board

 

MEMBERS PRESENT: Kevin Garvey,  Chairman;  Bruce Bond; William  Young, Thomas  Warren;  Stephen  Sweeney;  Michael  Mandel;  and Robert Dell

 

MEMBERS ABSENT:  None

 

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:

 

Continued  Item from the November 12, 2014 Meeting:

50 Ramland Road Wireless  Communication

 

PB #14-48

 

Facility Site Plan Review and Special  Permit Prepreliminary/   Preliminary  Site Plan Review, Special  Permit and SEQRA  Review

50 Ramland  Road, Orangeburg

73.20/1 /30; LIO zoning  district

 

 

 

Sapienza Site Plan -CEA Amendment  to Preliminary  Approval PB#08-59  and Final Site Plan Review Critical  Environmental  Area

253 South Boulevard,  Upper Grandview

65.20/1/7;  R-40 zoning  district

Special Permit Granted and Preliminary  Site Plan Approval  Subject to Conditions/Neg.  Dec.

 

 

 

PB #15- 01

Amended  PB#OS-59 and Granted Final Site Plan Approval  Subject to Conditions

Reaffirmation  of SEQRA Neg. Dec.

 

 

 

 

Orangetown  Shopping  Center Site Plan

Final Site Plan

Orangetown  Shopping  Center,  Orangeburg

74.10/1 /67; CS zoning district

 

 

 

Hillside  Commercial  Park Site Plan

Final Site Plan Review

68.11 /3/39 & 40; LI zoning district

 

Final Site Plan Approval  Subject to Conditions

 

 

 

 

Postponed

PB #15-02

 

 

PB #14-  27

 

 

Other Business:  At the December  9, 2014 Town Board  Meeting, the Town Board adopted  a resolution  referring  a Petition to the Planning  Board for review and comment  for a Mixed Use Special  Permit at Orangeburg  Commons Shopping  Center:

 

 

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Meeting of January  14, 2015

Town of Orangetown  Planning  Board

 

FB Greenbush  LLC for Mixed-Use  Expansion  Special  Permit Tax Map

Designation:  Section  74.15, Block  1,  Lot 22

 

FB Orangetown  LLC for Amended  Special  Permit for Mixed-Use  Development  on

Tax Map Designation:  Section  74.15, Block  1,  Lot 21

 

 

 

RECOMMENDATION: At the January  14, 2015 Planning  Board Meeting, the Planning  Board recommended  Approval  of the Special  Permit/Amendment Application  to the Town  Board.

 

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

 

A motion was made and moved to go into Executive  Session  to discuss

PB #14-37,  September  10, 2014; Section  68.08,  Block 1, Lot 1; Anellotech,  Inc. Article  78 Petition at 8:30 p.m. by Thomas  Warren  and seconded  by Michael Mandel and carried  as follows:  William  Young,  aye; Kevin Garvey,  aye, Thomas Warren,  aye, Robert Dell, aye; Bruce Bond, aye; Michael  Mandel,  aye and Stephen  Sweeney,  aye.

 

A motion was made and moved to close the Executive  Session  8:50 p.m. by

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

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

 

The decisions  of the December  10, 2014 Planning  Board Meeting was reviewed, edited, and approved.   The motion for adoption  was made and moved by Michael Mandel and seconded  by Bruce  Bond and carried  as follows:   William  Young,

aye; Kevin Garvey,  aye, Thomas  Warren,  abstain,  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 9:00 p.m.  The next Planning  Board meeting  is scheduled  for January  28, 2015.

 

DATED: January  14, 2015

Cheryl Coopersmith

Chief Clerk Boards and Commissions

 

 

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PB #14-48:  50 Ramland   Road  Wireless   Telecommunication      Plan• Preliminary    Site  Plan Approval   Subject   to Conditions/    Neg. Dec. and Special   Permit  Granted

 

Town  of Orangetown    Planning   Board  Decision

January   14, 2015

Page  1of12

 

TO:

 

FROM:

Leslie Snyder,  Snyder  & Snyder,  94 White  Plains Road, Tarrytown, New York  10591

Orangetown  Planning  Board

 

 

RE:                 50 Ramland  Road Wireless  Telecommunication    Facilities  Plan and

Special  Permit: The application  of Wireless  Edge Towers,  LLC, applicant,  for 50

Ramland,  LLC, owner,  (Snyder  & Snyder,  LLP, attorney for the applicant)  for Prepreliminary/   Preliminary  Site Plan Review and Special  Permit, at a site to be known as “50 Ramland Road Wireless  Telecommunication   Facilities  Site Plan and Special Permit”,  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 50 Ramland  Road, Orangeburg,  Town  of Orangetown,  Rockland County,  New York, and as shown on the Orangetown  Tax Map as Section  73.20, Block 1, Lot 30 in the LIO zoning  district.

 

Heard by the Planning  Board of the Town of Orangetown  at meetings  held Wednesday,  November 8, 2014 and January  14, 2015, the Board made the following  determinations:

 

November 8, 2014

Leslie Snyder  and John Arthur appeared  and testified  for the applicant. The Board received the following  communications:

1. Project Review Committee Report dated November  5, 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  November  12, 2014.
3. An Interdepartmental memorandum  from the Department  of Environmental Management  and Engineering  (DEME),  Town of Orangetown,  signed by Bruce Peters,  P.E., November  6, 2014.
4. A letter from Brooker Engineering, signed by Kenneth  DeGennaro,  P.E., dated

November  4, 2014.

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

Douglas J. Schuetz,  Acting  Commissioner   of Planning,  dated

November  10, 2014 and Arlene  Miller, dated  November  7, 2014.

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

Scott McKane,  P.E., Senior  Public Health  Engineer,  dated October  17 and

October  21, 2014.

7. A letter from Rockland County  Sewer  District,  signed  by Joseph  LaFiandra, Engineer  II, dated October  23, 2014.
8. A letter from the Town of Orangetown Zoning Board of Appeals,  signed  by

Dan Sullivan,  dated October  14, 2014.

 

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PB #14-48:  50 Ramland   Road Wireless   Telecommunication      Plan – Preliminary    Site  Plan Approval   Subject   to Conditions/    Neg. Dec. and Special   Permit  Granted

 

Town  of Orangetown    Planning   Board  Decision

January   14, 2015

Page 2of12

 

 

9. A letter from the New York State Department of Environmental Conservation, Division  of Environmental  Permits,  Region 3, signed  by Ashley Wilson, Environmental  Analyst,  dated  November  12, 2014.
10. A letter to the Planning Board from Snyder  & Snyder,  LLP signed  by

Leslie J. Snyder,  dated October  9, 2014.

11. A letter to the Planning Board from Snyder & Snyder,  LLP signed  by

Leslie J. Snyder,  dated  November  12, 2014, with an attachment  of an Affidavit from Verizon  Wireless  radio frequency  consultant,  Anthony  Wells,  dated November  11, 2014.

12. Copy of the May 12, 2014 Building Permit Referral to the Planning Board.
13. Submitted by applicant; Memorandum  in Support  of Application  for Special Permit and Site Plan Approval  for a Public Utility Wireless  Communication Facility, prepared  by Wireless  Edge Towers  LLC and New York SMSA  Limited Partnership  d/b/a Verizon Wireless,  as co-locator.
14. Full Environmental Assessment Form, signed  by Donna Stipo,  President,

OMS Consulting  Services,  dated  October  9, 2014.

15. Plans prepared by French & Parrella Associates  Consulting  Engineers, dated October  24, 2014,  print dated of May 8, 2014:

Sheet  Number  C-01: Cover Sheet

Sheet  Number SP-1: Site Plan & Notes

Sheet  Number SP-1 B: Site Plan Details

Sheet	Number	SP-2:	Enlarged  Area  Plan
Sheet	Number	SP-3:	Elevation
Sheet	Number	SP-4:	Site Details
Sheet Sheet	Number Number	SP-5: SP-6:	Shelter  Details Generator  Details

 

 

The Board reviewed the plans.

The applicant  requested  a CONTINUATION. January  14, 2015

Leslie Snyder.  Josh Gatrell and Joseph Walsh  appeared  and testified  for the applicant.

The Board received the following  communications:

1. Project Review Committee Report dated January 7, 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 January  14, 2015.
3. An Interdepartmental memorandum  from the Department  of Environmental Management  and Engineering  (DEME),  Town of Orangetown,  signed  by Bruce Peters,  P.E., January  9, 2015.

 

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PB #14-48: 50 Ramland Road Wireless  Telecommunication   Plan – Preliminary  Site Plan Approval  Subject to Conditions/  Neg. Dec. and Special Permit Granted

 

Town of Orangetown  Planning  Board Decision

January  14, 2015

Page 3of12

 

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

January  13, 2015.

5. A letter to the Planning Board from Snyder  & Snyder,  LLP signed  by

Leslie J. Snyder,  dated January  6, 2015

6. A letter to the Planning Board from Snyder & Snyder,  LLP signed by Jordan  M. Fry, dated  December  30, 2014, with an attachment  entitled Supplemental   RF Affidavit,  signed  by Anthony  Wells.
7. Visual Analysis of Proposed Public Utility Wireless  Communication   Facility,

prepared  by APT Engineering,  dated  December  2014.

8. Stormwater Management Report prepared  by French & Parrella Associates

Consulting  Engineers,  dated January  6, 2015.

9. Plans prepared by French & Parrella Associates  Consulting  Engineers,  dated

October  24, 2014, print dated of December  29, 2014:

Sheet Sheet Sheet Sheet	Number Number Number Number	C-01: Cover Sheet SP-1: Site Plan & Notes SP-1 B: Site Plan Details SP-2: Enlarged  Area Plan
Sheet	Number	SP-3: Elevation  @125′
Sheet	Number	SP-3a:  Elevation  @150′
Sheet	Number	SP-4: Site Details
Sheet	Number	SP-5: Shelter  Details
Sheet Sheet	Number Number	SP-6: Generator  Details SESC-1:  Soil Erosion  & Sediment  Control  Plan and Details

 

The Board reviewed the plans.

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

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

 

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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  French & Parrello Associates  Consulting  Engineers  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 Rockland   County  Department  of Planning,  and having reviewed  proposed  Site Plans by prepared  by French  & Parrello Associates Consulting  Engineers,  a summary  of the reasons  supporting  this determination are, and the Planning  Board finds, that the proposed  action:

 

eWill not significantly  affect existing  air quality  or noise levels;

ctWill not significantly  affect existing  surface  water quality or quantity  or drainage;

eWill not significantly  affect existing  ground  water quality or quantity;

caWill not significantly  affect existing traffic  levels;

oWill not create a substantial  increase  in solid waste  production;

oWill not create a potential  for erosion,  flooding,  leaching  or drainage  problems; QWill not have a significant  adverse  impact on the environmental  characteristics of our critical environmental  area or environmentally   sensitive  sites or features; oWill not have an impairment  of the character  or quality of important  historical, archeological  or architectural  resources;

oWill not have an impairment  of the character  or quality of important  aesthetic resources;

• 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;
• Will 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;

oWill not create a hazard to human health; and

‘9Will not create a substantial  change  in the use of land, open space or recreational  resources.

 

 

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On motion by Bruce Bond and seconded  by Thomas  Warren  and carried as follows:  Bruce Bond, aye; Michael  Mandel,  aye; Robert Dell, aye; William  Young, aye; Thomas  Warren,  aye; Stephen  Sweeney,  aye; and Kevin Garvey,  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 SPECIAL PERMIT.

 

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

 

DECISION: In view of the foregoing  and the testimony  before the Board, the application  was granted a PRELIMINARY SITE PLAN APPROVAL SUBJE.CT TO THE FOLLOWING CONDITIONS:

 

1. The Planning Board grants the applicant an amendment  to the 100 foot buffer greenbelt  line, originally  approved  under the Office  Park Subdivision  Plan.  This site plan amendment  allows for the disturbance  of 0.07 of an acre within the 100 foot buffer greenbelt  line, and as shown on Site Plan Details,  SP-1 B.

 

2. The applicant has agreed to offer the Town of Orangetown placement  on the proposed  monopole  to the extent feasible,  for a wireless  weather  station.

 

3. 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.”

 

4. 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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5. The applicant shall provide to the Planning Board and to the Architecture  and Community  Appearance  Board of Review, graphic  information  that accurately portrays the visual impacts from various  vantage  points selected  by the Planning Board. (Subsection  M(1 )).

 

6. The application shall be reviewed by the Town of Orangetown  Architecture and Community  Appearance  Board of Review.

 

7. Remove all labels on the plan referring to “Proposed” items that are existing  at the site.

 

8. The NEIR Report indicates compliance with the FCC regulations.

 

9. The proposed generator requires  Performance  Standards  review the Town of

Orangetown  Zoning  Board of Appeals.

 

 

10. The Full Environmental Assessment  Form appears  to be in order.

 

11. Drawing number SP-1 B does not accurately reflect the changes  to the

grading  and detention  pond #2, as depicted  on the drawing  entitled  “50 Ramland, LLC, Town of Orangetown,  Rockland  County,  New York-  Revised  Grading  Plan”, prepared  by Atzl, Scatassa  & Zigler  P.E., last updated  7-26-13,  Revision  14- Pond #2 expansion  for changed  field condition.

 

12. In response to the applicant’s attorney’s  letter dated January  6, 2015, Section C (Response  to DEME’s  letter of November  6, 2014)  and the submitted Stormwater  Management  Plan, (dated January  6, 2015, Section  3.0 –  Basis of Engineering  Analysis  and Compliance,  Pages 3 & 4 ),  DEME disagrees  that the proposed  gravel can be considered  pervious.   As spelled out in NYSDEC Stormwater  Management  Design  Manual (NYSDECSMDM)   Chapter  4- “Basis of

Design for Water Quality”,  Page 4-3-   Paragraph  one states ” … Impervious cover

is defined as all impermeable surfaces and includes paved and gravel road surfaces, paved and gravel parking lots, …” Therefore,  DEME maintains  that indeed the proposed  6,300 square feet of gravel, which also includes the new impervious  roof for the proposed  equipment  shelter,  DOES constitute  a new impervious  area and shall be addressed  in the required  SWPPP.   Independent  of that fact, because there  is an existing  SWPPP  covering  this site for  previously approved  site disturbances  AND this application  proposes  to increase the

amount  of disturbances  on this site (installation  of underground  utilities from Ramland  Road to the “telecom  compound”,  install fencing,  gravel, tower shelter, etc.), an updated or amended  SW PPP (which  includes  the total area of the aforementioned   disturbances,  with supporting  drainage  calculations  must be supplied  for this application.

 

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13. The Soil erosion and sediment control plans and details are under review by DEME. However, a stabilized construction entrance shall be added to the SESC plans.

 

14. The source benchmark and elevation for the given datum shall be added to the plans.

 

1 s. The Drainage Consultant to the Planning Board, Brooker Engineering, reviewed the information and plans submitted and held that application demonstrates that potential significant adverse impacts with respect to drainage can be mitigated and therefore recommends that the Wireless Edge –  50

Ramland Road Site Plan be approved for drainage subject to the following

Project Comments.

 

This is the second drainage review report to the Planning Board for this project; the last report was dated November 4, 2014. The project includes the addition of approximately 6,300 square feet of new gravel area for a monopole and equipment storage. The construction detail shows a clean % inch gravel to be used for the ground cover; however, the voids between the uniform stone will be filled with leaf litter and debris in a relatively short period and this area will act as an impervious surface.

 

For this submission, the applicant demonstrates that runoff from the new gravel areas can be diverted to the existing stormwater management basin to mitigate against increases in stormwater runoff. The drainage calculations use an impervious surface value for the ground cover of the new gravel area.

 

 

Project    Comments

1. The drainage calculations assume that the gravel area will be directed to the existing stormwater management basin to provide detention. A drainage system shall be incorporated into the site plan design the intercepts runoff from this area and conveys the runoff to the existing basin.
2. The drainage calculations shall include the NYSDEC “Overbank Flood Control Volume”, which is the 10-year recurrence interval storm. No increases in runoff shall be provided for the 10-year storm.
3. The maintenance agreement for the stormwater management ponds shall be updated to include the new disturbed areas. The maintenance agreement shall be noted on the site plan.
4. Additional stormwater volume (i.e. a drywell or increasing the existing

pond size) shall be provided to show no increases in runoff for the 25-year storm.

5. The filter fabric material shall be specified on the construction detail.

 

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16. The Rockland County Department of Planning reviewed the plans and provided the following comments which are incorporated herein as conditions of approval:
17. Review must be completed by the Rockland County Department of

Highways and all required permits obtained.

2. A review shall be completed by the United States Army Corps of

Engineers and all required permits obtained.

3. The lease area on the application Form and the Memorandum in Support of Application indicates that a 6,300 square foot area will be fenced and used for the proposed telecommunication facility. The Lease Exhibit,

Exhibit B, and the Application for Building/ Demolition Permit both indicate that the lease area is proposed to be 6,900 square feet. This discrepancy must be resolved.

4. The location of the identification sign, as required in Chapter 43,

Section 8.15(f), must be shown on the Site Plan.

5. The applicant must demonstrate that all conditions in Section 8.15L.(2) and (4) have been met. The proposed wireless telecommunication facility is being located within the 100′ buffer of the greenbelt line. Since these

facilities may not be located within buffers shown on an approved site plan or in a conversation or similar easement, a variance for its location may be required, or the location of the facility be moved.  In addition, the applicant has not proven that the proposed height is the minimum height necessary for adequate operation to meet the applicant’ communication needs and the aesthetic intrusion has been minimized to the greatest extent practicable. In fact, Exhibit 4, FCC Compliance Report, notes “there are

no identifiable national or regional operators to include in the analysis.” Indicating that the proposed 150 foot tall tower, is substantially higher than

may be needed. The applicant must demonstrate that the height and location are consistent with the special permit requirements.

6. Though the applicant states that the Facility is strategically located, and that it is screened by mature vegetation and proposed landscaping, as required in Section 8-15M (1 ), a visual analysis must be done using graphic information that accurately portrays the visual impact of the proposed tower from various vantage points selected by the Planning Board, such as but not limited to parks, designated historic sites or distric5ts or designated scenic areas. This graphic information may be provided in the form of photographs or computer generated images with the tower superimposed, as may be required by the Planning Board.
7. The landscaping plan only shows that Arborvitae will be planted outside of the fenced area. As required in Section 8-15 N (3), “Any antenna facility requiring a tower or pole shall plant trees around the facility of a minimum height of 1 O feet at planting that will, over time, reduce the visual impact from the tower or pole.” The Planning Board must determine if the existing vegetation is sufficient to meet this requirement.

 

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Continuation  of Condition  #16 …

 

8. A grading plan must be provided  of the site disturbance  around the proposed  facility.   It is not clear how extensive  the onsite grading  will be. Topography,  elevations  and other ground  measurements   must be

provided  on the plan.  No disturbance  to the wetlands  or grading within  its

boundary  can be allowed.

9. The proposed silt fencing  ends midway to the equipment  building,  and does  not continue  completely  around  the site.  Erosion control  measures must completely  surround  the site, as ground  disturbance  for installation  of the fencing,  landscaping,  etc. will occur past the proposed  silt fencing, especially  since Federal wetlands  are located  less than five feet from the fenced  area.

 

17. The Rockland County Department  of Health has received the plans and based on the information  provided,  there are no Rockland  County  Health Department  approvals  associated  with this application.

 

18. 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.

 

19. Based upon the circulated documents, the New York State  Department  of Environmental  Conservation  (NYSDEC)  holds that the project will require NYSDEC  permits  as indicated  below:

e Threatened  & Endangered  Species:  According  to Department  records, the Bald

Eagle has been recorded  within or near the project site. Potential  impacts of the proposed  project on this species  should  be fully evaluated  during the review of

the project pursuant  to SEQR.   In addition,  project modification  may be needed to

adequately  mitigate  any potential  impacts  identified.   Note that Pursuant to 6

NYCRR  Part 182, Endangered  and Threated  Species,  an Incidental  Take  permit is required for any proposed  activity that will result in a “take”, which  includes  by is not limited to, adverse  modification,  degradation,  or destruction  of occupied habitat, or any species  listed as endangered  or threated  (Section  11-0535 of the Environmental  Conservation  Law).

 

 

 

G>    Cultural  Resources:  Project  is located within an area considered  to be sensitive with regard to archaeological   resources.   The project will required the review of the New York State Office of Parks, Recreation  and Historic  Preservation. Archaeological   Sites borders on the Palisades  Interstate  Parkway.

 

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

Board assuming  responsibilities  of lead agency for SEQRA  purposes:

– Rockland  County  Health Department

– Town of Orangetown  Zoning  Board of Appeals

– Rockland  County  Department  of Highways

– Rockland  County  Department  of Planning

– Rockland  County Sewer District  No. 1

– New York State Department  of Environmental  Conservation

 

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

Preparation  of Site Plans prior to signing the final plans.

 

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

 

23. 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.

 

24. 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:

 

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Continuation  of Condition  #24 …

 

 

– 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.

 

25. 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.

 

26. 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.

 

 

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

 

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PB #14-48: 50 Ramland Road Wireless  Telecommunication   Plan – Preliminary  Site Plan Approval  Subject to Conditions/  Neg. Dec. and Special Permit Granted

 

Town of Orangetown  Planning  Board Decision

January  14, 2015

Page 12of12

 

 

 

28. 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).

 

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

 

30. 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

 

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

 

The foregoing Resolution was made and moved by Thomas Warren, and seconded by William Young and carried as follows: Kevin Garvey, aye; Bruce Bond, aye; Michael Mandel, aye; William Young, aye; Robert Dell, nay, Stephen Sweeney, aye and Thomas Warren, 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: January 14, 2015       ri P,.  n  •  l”7  a A’V~rnvt:vi-•

Town of Orangetown  Plannin~~'(¥-              \……..c/1-…..,’ – –

attachment

 

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NEGATIVE DECLARATION

Notice of Determination  of Non-Significance

 

PB #14-48: 50 Ramland Road Wireless  Telecommunication   Plan and

Special Permit Approved  Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

January  14, 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: 50 Ramland Road Wireless Telecommunication   Plan and Special Permit Approved  Subject to Conditions

 

SEQR STATUS:     Type I                                             Unlisted XXXXXX

CONDITIONED NEGATIVE DECLARATION: Yes                 No  XXXXXX

 

DESCRIPTION OF ACTION: Special Permit and Site Plan Review LOCATION: The site is located at 50 Ramland Road, Orangeburg, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 73.20, Block 1, Lot 30 in the LIO 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                                        301:1.:10 S)JH310    NMO!

 

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PB #15-01: Sapienza Site Plan – Critical  Environmental  Area; Amendment to the Preliminary  Site Plan Approval,  PB #08-59 and Final Site Plan Approval  Subject to Conditions/Reaffirmation    of Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

January  14, 2015

Page 1of9

 

TO:

 

FROM:

Damian  Holwinski,  Dominick  Pilla Associates;  23 Depew Avenue; Nyack, New York 10960

Orangetown  Planning  Board

 

 

RE:     The application  of Joseph  Sapienza,  owner, for An Amendment  to Prepreliminary  Site Plan Review and Final Site Plan Review for a site to be known as “Sapienza Site Plan”, in the Critical  Environmental  Area, 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 253 South Boulevard,  Upper Grandview,  Town of Orangetown,  Rockland  County,  New York and as shown on the Orangetown  Tax Map as Section  65.20,  Block 1, Lot 7 in the R-15 zoning district.

 

Heard by the Planning  Board of the Town of Orangetown  at a meeting, Wednesday, January  14, 2015, at which time the Board made the following determinations:

 

Damian  Holowinski  and Jorel Vaccaro  appeared  and testified for the applicant. The Board received the following  communications:    ‘

1. A Project Review Memo dated January 7, 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 January  14, 2015.
3. An interdepartmental memorandum  from the Department  of Environmental Management  and Engineering,  (DEME)  Town of Orangetown,  signed by Bruce Peters,  P.E., dated January  9, 2015.
4. A letter from Brooker Engineering, signed by Kenneth  DeGennaro,  P.E., dated

January  13, 2015.

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

Schuetz,  Acting  Commissioner  of Planning,  dated  December  29, 2014.

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

Sonny Lin, P.E., dated January  12, 2015.

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

Scott McKane.  P.E., Senior  Public Health Engineer,  dated  December  11, 2014.

 

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PB #15-01:  Sapienza  Site  Plan –  Critical   Environmental    Area;  Amendment to the  Preliminary    Site  Plan Approval,    PB #08-59  and  Final  Site  Plan Approval   Subject   to Conditions/Reaffirmation        of Neg. Dec.

 

Town  of Orangetown    Planning   Board  Decision

January   14, 2015

January   14, 2015

Page 2 of 9

 

8. A Short Environmental Assessment  Form dated  December  5, 2014, signed  by

Joseph  R. Sapienza.

9. Stormwater Management Plan, prepared  by Dominic  R. Pilla, Associates,
10. Amendment to Preliminary/ Final Review  Plans prepared  by Dominic  R. Pilla,

Associates,  P.C., dated  December  5, 2014: SP-00:  Cover Sheet

SP-01:  Proposed  Site Plan

SP-02:  Drainage  & Utility Plan

SP-03:  Stormwater  Details & Erosion  Control  Notes

SP-04:  Erosion  Control  Details

D-01:  Pre-Developed   Drainage  Plan

11. Copies of prior Board Decisions: PB#13-18, Final Site Plan Approval  Subject to Conditions,  dated  May 8, 2013,  PB #08-59,  Preliminary  Site Plan Approval Subject to Conditions/  Neg. Dec, dated October  28, 2009 and ACABOR  #09-39, Approved  subject to Conditions,  dated  December  1, 2009.

 

The Board reviewed  the plans.

 

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

Stephen  Sweeney  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.

 

REAFFIRMATION OF 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 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

Dominic  R. Pilla, Associates,  P.C., dated  December  5, 2014, and the Town of Orangetown’s   engineering  consultant,  and having heard from the following offices,  officials  and/or  Departments:  (Town of Orangetown):   Project  Review

 

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PB #15-01: Sapienza Site Plan –  Critical  Environmental  Area; Amendment to the Preliminary  Site Plan Approval,  PB #08-59 and Final Site Plan Approval  Subject to Conditions/Reaffirmation    of Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

January  14, 2015

Page 3of9

 

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,  Rockland  County Department  of Planning,  Rockland  County  Department  of Highway,  Rockland County  Department  of Health,  Rockland  County  Drainage  Agency  and

Town of Orangetown  Zoning  Board of Appeals,  the Planning  Board finds that the proposed  action:

(i)          Will not significantly  affect existing  air quality or noise levels;

e      Will not significantly  affect existing  surface water quality or quantity  or drainage;

o     Will not significantly  affect existing  ground water quality or quantity;

e     Will not significantly  affect existing traffic  levels;

• Will not create a substantial  increase  in solid waste  production;

e       Will not create a potential  for erosion,  flooding,  leaching  or drainage problems;

o      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;

e      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;

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

o     Will not have adverse  economic  or social impacts  upon the Town;

o     Will not create a hazard to human  health; and

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

 

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On motion by William  Young  and seconded  by Michael  Mandel and carried as follows:  Bruce Bond, aye; Michael  Mandel,  aye; Robert Dell, aye; Thomas

Warren,  aye; William  Young,  aye; Stephen  Sweeney,  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 AN AMENDMENT TO THE PRELIMINARY SITE PLAN APPROVAL AND FINAL SITE PLAN APPROVAL SUBJECT TO THE FOLLOWING CONDITIONS:

 

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

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

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

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

 

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

 

 

3. The applicant is amending the house footprint  from the Preliminary  Site Plan Approval,  Preliminary  Site Plan Approval  Subject  to Conditions/  Neg. Dec, dated October  28, 2009 and PB#13-18,  Final Site Plan Approval  Subject to Conditions, dated  May 8, 2013, PB #08-59.

 

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

Planning  Board shall reaffirm the negative  Declaration  for SEQRA.

 

5. The revised stormwater management plan is under review,  However,  because the Pere Rate is assumed,  a field Pere Test shall be administered  to ensure adequacy  of designed  drainage  system.   The Pere Test shall be performed  PRIO to receiving  approval  of the drainage  system.   The applicant’s  engineer  shall provide a copy of the field Pere Test to DEME and the Building  Department.

 

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

 

 

7. 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.

 

8. The Site and Landscaping Plans do not require review by the Town of

Orangetown  Architecture  and Community  Appearance  Board of Review.

 

9. The   Drainage   Consultant    to   the   Planning   Board,   Brooker   Engineering, reviewed           the   information    and   plans   submitted    and   held   that   application demonstrates   that  potential  significant  adverse  impacts  with  respect  to drainage can  be  mitigated   and  therefore   recommends   that  the  Sapienza   Site  Plan  be approved  for drainage  subject to the following  Project  Comments.

 

 

Project     Description

This  is the third drainage  review  report to the Planning  Board for this project; the last drainage  review was dated  May 8, 2014. The  property  is on the west side of South  Boulevard,  about  400 feet  north of Townsend   Road.  The  property  slopes downhill  to the east. There  is a rock face  along the west  side of the property  and several  swales  and  drainage  ditches  that flow  east  around  the existing  dwelling toward  South  Boulevard.  There  is an existing  swale  along  the  north  side of the property,  near the  proposed  addition,  that  shows  signs  of erosion  due  to steep slopes  and  high velocity  of stormwater  runoff.  The  revised  submission  proposes a 247  square  foot  addition  at the  northwest  corner  of the  building,  which  is a reduction  from the previous  submissions.

 

 

Project     Comments

1. As per the May 8, 2014  report, additional  detail is needed  at the northwest corner   of  the   proposed   addition   and   the   existing   swale.   Hydrologic calculations  shall be provided  that  calculate  the  100-year  discharge  of the swale    at  this   location.   Calculations    shall   be  provided   that   show  the capacity  of the swale and at least one foot of freeboard.  Calculations  shall be provided that demonstrate  that the swale will not erode.
2. As per  our  May  8, 2014  report  the  grading  plan  shall  include  proposed grading   in  the   rear  yard  that  shows   positive   drainage   away  from  the building.

 

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PB #15-01: Sapienza Site Plan –  Critical  Environmental  Area; Amendment to the Preliminary  Site Plan Approval,  PB #08-59 and Final Site Plan Approval  Subject to Conditions/Reaffirmation    of Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

January  14, 2015

Page 6of9

 

Continuation  of Condition  #9 …

 

3. The retaining wall along the west side of the driveway and stairs and walk from the driveway to the backyard are shown on the existing conditions plan but not the proposed conditions plan. These items shall be shown as either remaining or being removed on the Site Plan (Drawings SP-01 and SP-02).
4. The drainage  calculations show  an  existing conditions  100-year peak

discharge of 0.41 cfs (page 34) and a proposed conditions peak discharge of 0.43 cfs (page 46). Additional storage shall be provided to provide a reduction in 100-year runoff rates. The calculations shall be revised as only 0.4 inches of rainfall runoff from the 247 square foot addition can be stored in the detention system; this shall be increased.

5. It is not clear what the function of the storage in the15% slope, 4 inch

diameter pipe is in the drainage report. This shall be removed from the calculations.

6. There is a discrepancy between the available storage in the voids of the

riprap pad between the drainage report and Site Plan; the Site Plan shows a smaller trapezoidal shape and the calculations show a larger rectangular shape. This shall  be reconciled. The  riprap pad  shall provide a  solid border around the perimeter to ensure the pad fills with water and the full volume of proposed storage can be achieved.

7. The ground cover around the fill area downhill of the rip rap pad shall be noted and demonstrated that this embankment will not erode.
8. A maintenance schedule for the riprap pad shall be provided on the Site

Plan.

9. A map note shall be added to the Site Plan indicating that the assumed percolation rate of 1″ per hour shall be field verified.·

 

10. The Rockland County Department of Planning reviewed the plans and provided the following comments which are incorporated herein as conditions of approval: 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.

 

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11. Rockland County Department  of Highways  reviewed  the plans and offers the following  comments:

o  Based upon the information  provided,  the design  as shown will have no

foreseeable  adverse  effect upon County  Highways  in the area.

e A Rockland  County  Highway Work  Permit will be required  for the proposed development  and must be secured  prior to the start of any construction  site for the activities.

 

12. The Rockland County Department  of Health reviewed  the submitted information  and found that there are no Rockland  County  Department  of Health approvals  needed for this project.

 

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

Preparation  of Site Plats prior to signing the final plans.

 

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

 

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

pursuant  to Section 21-24 of the Land Development  Regulations  of the Town of Orangetown  will be implemented  in order to protect and preserve  both individual specimen  trees and buffer area with many trees.  Steps that will be taken to 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 1 O  foot height.
4. 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

• 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:

 

 

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Continuation  of Condition  #15 ….

 

 

 

• 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.

The builder or its agent may not change grade within the tree protection

zone of a preserved tree unless such grade change has received final approval from the Planning Board. If the grade level is to be changed

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

 

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

 

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

 

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

 

19. 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 #15-01: Sapienza Site Plan –  Critical  Environmental  Area; Amendment to the Preliminary  Site Plan Approval,  PB #08-59 and Final Site Plan Approval  Subject to Conditions/Reaffirmation    of Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

January  14, 2015

Page 9 of 9

 

 

 

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

 

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

 

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

 

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

 

 

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

 

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

 

Dated: January  14, 2015

Town of Orangetown  Planning  Board

 

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PB #15-02: Orangetown  Shopping  Center Site Plan: Final Site Plan

Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board

January  14, 2015

Page 1  of 10

 

TO:

 

FROM:

Paul Tepfer, Norman Dichiara Architects,  P.E.,

102 Waller Avenue, White Plains, New York 10605

Orangetown  Planning  Board

 

 

RE:                 Orangetown  Shopping  Center  Site Plan: The application  of John Cannon,  Urstadt & Biddle Properties,  Inc., owner, for a Final Site Plan Review, at a site known as “Orangetown  Shopping  Center 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 on the South side of Orangeburg  Road, abutting Oak Street and Dutch Hill Road, Orangeburg,  Town of Orangetown,  Rockland County,  New York, and as shown on the Orangetown  Tax Map as Section  74.10, Block 1, Lot 67 in the CS zoning  district.

 

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

Wednesday, January  14, 2015, the Board made the following  determinations:

 

Douglas  Reich, Stephen  Honan,  Paul Tepfer  and Joelvito  Villaluz  appeared  and testified  for the applicant.

The Board received the following  communications:

1. Project Review Committee Report dated January 7. 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 January  14, 2015.
3. An interdepartmental memorandum  from the Department  of Environmental Management  and Engineering  (DEME),  Town of Orangetown,  signed  by Bruce Peters,  P.E., dated January  9, 2015.
4. A letter from Brooker Engineering, signed  by Kenneth  DeGennaro,  P.E., dated

January  14, 2015.

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

Douglas  Schuetz,  Acting  Commissioner  of Planning,  dated January  6, 2015.

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

Scott McKane,  P.E., Senior  Public Health  Engineer,  dated  December  15, 2014.

7. An email from Mike Bettmann, Chief Fire Inspector, Town of Orangetown, dated January  7, 2015.
8. A Narrative Summary prepared  by Stephen  M. Honan,  Esq., Ferrick Lynch

Maccartney,   dated  December  10, 2014.

 

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PB #15-02:  Orangetown    Shopping   Center  Site  Plan:  Final  Site  Plan

Approval   Subject   to Conditions

 

 

Town  of Orangetown    Planning   Board

January   14, 2015

Page 2of10

 

9. Copies of prior Board Decisions: ACABOR #14-43,  Approved  Subject to Conditions,  dated  November  20, 2014; ZBA #14-64,  Front Yard, Sign Area,  Off Street Parking,  Free Standing  Sign setback  and Section  4.24 (Any sign over 2 square feet within  500 feet of the Palisades  Interstate  Parkway  must have permission  from the Palisades  Interstate  Park Commission)  Variances  Approved, dated October  15, 2014 and PB #14-26,  Preliminary  Site Plan approval  Subject

to Conditions/  Neg. Dec, dated June 25, 2014.

10. Stormwater Management Report, prepared  by The Quill Group, dated

April 23, 2014,  revised June 9, 2014.

11. Site Plans prepared by Atlantic Consulting  & Engineering,  LLC, dated

February  27, 2013, last revised  December  10, 2014,  unless noted: SD-1.0:  Overall Site Plan Preparation  Plan

SD-2.0:  Overall  Layout  Plan

SD-2.1:  Layout  Plan Enlargement SD-2.2:  Layout  Plan Enlargement SD-2.3:  Layout  Plan Enlargement

SD-2.4:  Orangeburg  Road Striping  Plan, dated April 25, 2014

SD-3.0:  Grading  and Erosion  Control  Plan

SD-3.1:  Grading  and Drainage  Plan Enlargement SD-3.2:  Grading  and Drainage  Plan Enlargement SD-3.3:  S.E.S. C. Notes and Details

SD-4.0:  Planting  Plan

SD-4.1:  Planting  Plan, dated  November  6, 2014

SD-4.2:  Lighting  Plan, dated  November  6, 2014

SD-4.3:  Lighting Schedules  & Details, dated  November  61     2014

SD-5.0:  Site Details SD-5.1:  Site Details SD-5.2:  Site Details SD-5.3:  Site Details

SD-5.4:  Concrete  Sign Base (Foundation),  dated April 25, 2014

A 101.6: Plans & Elevations  –  Building Three,  dated  May 3, 2012, revised April 7, 2014

 

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

 

Public Comment:

Nancy Finnegan,  15G Blue Hill Commons,  Orangeburg;  raised questions regarding  the connection  of sidewalks  on Oak Tree  Road.

 

Helen Ucker, 7 Oak Street, Orangeburg;  raised concerns  regarding  drainage impact to her property.

 

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PB #15-02: Orangetown  Shopping  Center Site Plan: Final Site Plan

Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board

January  14, 2015

Page 3of10

 

 

 

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

Bond and seconded by Thomas Warren and carried as follows:

Bruce Bond, aye; Michael Mandel, aye; William Young, aye; Robert Dell, aye; Stephen Sweeney, aye; Thomas Warren, aye and Kevin Garvey, 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. 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 applicant shall comply with all previous Board Decisions: ACABOR #14-

43, Approved Subject to Conditions, dated November 20, 2014; ZBA #14-64, Front Yard, Sign Area, Off Street Parking, Free Standing Sign setback and Section 4.24 (Any sign over 2 square feet within 500 feet of the Palisades Interstate Parkway must have permission from the Palisades Interstate Park Commission) Variances Approved, dated October 15, 2014 and PB #14-26, Preliminary Site Plan approval Subject to Conditions/ Neg. Dec, dated June 25,

2014.

 

4. A minimum of three extra handicap spaces shall be placed in the far northern end of existing Building 1 (now CVS).

 

5. At the October 15, 2014, the Town of Orangetown Zoning Board of appeals granted the front yard setback, sign area, off street parking, freestanding sign setback and Section 4.24 variances; ZBA #14-64. At that time, the applicant withdrew the request for a Fast Food restaurant and the associated variances.

 

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PB #15-02: Orangetown  Shopping  Center Site Plan: Final Site Plan

Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board

January  14, 2015

Page 4of10

 

 

6. The Orangeburg Fire Department has requested yard hydrants to be installed on the property. The applicant shall work with Michael Bettmann, Chief Fire Inspector, Town of Orangetown Fire Prevention Bureau to determine the number and location of hydrants in consultation with the Orangeburg Fire Department. The plans shall be reviewed and approved by the Chief Fire Inspector, Town of Orangetown Fire Prevention Bureau.

 

7. The revised Stormwater management report that was provided is under review by DEME. However, Section 1.4 – Development Envelope and Exhibit B

–  Figures 1-3 do not include the new proposed sidewalk that runs along Orangeburg Road down to Oak Street. This area needs to be included as part of the disturbed area AND in the calculations for new impervious area.

 

8. A full and proper SWPPP needs to be prepared for this site. The stormwater management report provided appears to state that because the overall amount of impervious area being created is less than the existing area, that no water quantity measures need to be taken and that only a minor “treatment” (hydrodynamic separator) needs to be installed for water quality. This is

incorrect. Chapter 9 of the NYSDEC Stormwater Management Design Manual (NYSDECSMDM) clearly states that even if a site is either partially or completely a redevelopment project, “Redevelopment  projects  are generally  expected  to

comply  with technical  standards  contained  elsewhere  in this Manual”  (Chapter  9-

Section  9.2 –  Purpose,  page  9-3) and “Requirements  for installation  of post• construction  controls  set forth in current stormwater  regulations  do apply to redevelopment  projects  Redevelopment   sites must first attempt  to comply  with all the post-construction   management  requirements   outlined  elsewhere  in this Manual.”   (Chapter 9-Section 9.3-Scope and Applicability, page 9-4.) Therefore, this site must provide both water quantity and quality control measures for the

new proposed impervious areas created as a result of construction. The “benefit”

or “credit” that may be taken deals with the possibility that some sites may use alternative methods and for sizing water quantity and quality practices providing the site meets very specific criteria set forth in Chapter 9 – Section 9.3.1 – Application Criteria. In order to use an alternative practice, the SWPPP must clearly identify/ document design difficulties and provide documented justification for the use of alternative approaches/ methods.

 

9. The stormwater management report stated that a VortSentry HS48 (hydrodynamic separator) is being used for stormwater quality, as an alternative measure. The NYSDEC website contains a list of approved manufactured stormwater management practices (MSMP) but, as stated in the NYSDECSMDM

–  Chapter 9 – Section 9.5.1 –  Evaluation of Alternative Practices, page 9-10, “Where verification data does exist, they (manufactured stormwater management practices) generally indicate that these practices do NOT meet both the 80% total

 

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suspended solids (TSS) and 40% total phosphorous (TP) removal efficiency target that is specified in Chapter 3 of this Manual.” Therefore, the applicant’s engineer shall demonstrate that this specific MSMP is already approved by the NYSDEC or, if this specific manufactured practice is NOT listed on the NYSDEC’s website as an approved MSMP, the applicant’s engineer shall provide manufacturers test data, independent (ETV, TAPE or TARP) verification or certification, and be responsible to address quantity controls, pretreatment, bypass, overflow, head configuration, inflow/outflow rates, maintenance, separation distance, accessibility, and safety issues for the specific practice. All of this information shall be provided in the SWPPP.

 

1 O.  The erosion control plans and details shall be modified to reflect a “stone• filter” system around the proposed catch basin. A detail for same shall be provided.

 

11. The proposed sanitary building connection shall be shown on the Site Plan.

 

12. Drainage Review Recommendation

The Drainage Consultant to the Planning Board, Brooker Engineering, reviewed the information and plans submitted and held that the application reduces stormwater runoff from the site and therefore recommends that the Orangeburg Shopping Center Site Plan be approved for drainage subject to the following project comments.

 

Project Description

This is the third drainage review report to the Planning Board for this project; the last review was dated June 25, 2014. The site is located at the southeast corner of the intersection of Orangeburg Road and Dutch Hill Road. A new building is proposed at the northern parking area of the site, which is all impervious. A new entrance to Orangeburg Road is proposed east of the new building along with a deceleration lane along the south side of Orangeburg Road. The existing asphalt road to Oak Street is proposed to be removed. The parking in front (west) of the eastern existing building is proposed to be reconfigured; it is not clear if any change in grading is proposed. The disturbance is greater than one acre and a net reduction of 1, 157 square feet of impervious area is proposed. The asphalt drive that  is directly connected to  Oak Street  is  being removed rather than installing  topsoil  over  the  existing  pavement.  A  drainage  report  has  been provided that provides a narrative description of a reduction of pavement.

 

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Project Comments

1. As per the June 25, 2014 and May 27, 2014 reports, the Site Plans shall

clearly show all drainage structures on the site, with pipe invert in and out elevations. The flow pattern shall be verified; it is not clear if stormwater runoff for the  north portion of the site flows  northeast around Existing Building 1    and stormwater runoff on the west side of Existing Building 1 flows southwest around Existing Building 1. While the overall redevelopment results in a reduction of impervious area and stormwater runoff, it shall be verified that stormwater runoff is not being diverted within the  site  and thereby  increasing  runoff at  a  particular design  point of interest.

2. As per the June 25, 2014 and May 27, 2014 reports, the proposed grading

in the  parking  lot  south  of  the  Proposed  Pad  has  been adjusted to

eliminate the swale in the middle of the parking lot. However, the Planning Board’s Drainage Consultant recommends the applicant investigate the proposed location of snow stockpiling. The Consultant is concerned of a “black ice” situation occurring over this long run across the parking lot with limited  drainage  structures.  Additionally,  the  grading  in  the  southeast corner of the parking lot shows spot grades of 180.1 and 180.2 with a 180 contour in between the two spot grades. This grading shall be revised.

3. As per the June 25, 2014 and May 27, 2014 reports, calculations shall be provided that demonstrate the on-site drainage system has capacity to

receive diverted runoff from Orangeburg Road to the site.

4. As per the  June  25,  2014  and  May 27,  2014  reports, the  proposed gutterline on  Orangeburg Road has been shifted from  between traffic lanes to the curbline for the majority of the new lane. However, the 180 contour shows runoff being directed back to the middle of the road, and away from the proposed drainage structure that was added to intercept runoff before it crosses the new intersection. It  is recommended that the grading in this area be modified to keep the gutterline closer to the new intersection and shift the catch basin east to intercept more of the runoff prior to crossing the intersection. The outlet pipe for the new catch basin on Orangeburg Road (with a rim of 178.6) shall be added to the plan.
5. As per the  June  25,  2014  and  May 27,  2014  reports, the  proposed contours along the deceleration lane on Orangeburg Road shall tie into

existing grade.

 

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6. Many of the catch basin structures have the notation “Verify in Field” in lieu of invert elevations. Invert elevations shall be provided on the design drawings to ensure the proposed modifications will be able to be constructed in the field.
7. The proposed catch basin with the Top of Frame elevation of 178.6 on

Orangeburg Road shall show the discharge pipe.

8. The drainage  report shall  provide delineations of the  design drainage subbasins with existing and proposed topography so the subbasins can be

verified.

9. Proposed grades and drainage shall be provided in the parking area to be

modified. Some of the new curb islands may create low points that will result in ponding in the parking lot.

10. The drainage report shall graphically show the  existing and  proposed

impervious areas to  support the  statement of  reduction of  impervious areas.

11. Proposed grading along the west side of the new building shows runoff

directed to the new building; this shall be modified. Proposed grading is above the proposed first floor; a foundation drain shall be added.

 

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

 

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

Department of Highways and all required permits obtained.

2. The conditions in the December 15, 2014 letter from the Rockland

County Department of Health must be met.

3. The application form indicates that it is the property is 10.98 acres.

While the Overall Layout Plan indicates that the lot is 10.59 acres. The lot area must be consistent on all documents.

4. Drawing SD-4.0 and SD-4.1 contain a new General Map Note #7 that indicates that lawn areas and perennial/annual planting beds will be used for snow pile storage during winter months. The note further indicates that care will be taken not to use the shrub/tree planting beds. The storage of snow on plant/shrub beds may not only result in

the breakage of shrubs due to the weight and plowing of the snow, but also of salt intolerances that plants cannot survive. The lawns and

perennial/annual plant beds that the applicant proposes to use for snow storage are only located in the northern portion of the site, and are relatively small in size in comparison to the amount of parking that

would need to be plowed. To ensure that these plant beds are not damaged from the snow storage, plant species that are salt-tolerant must be planted in the areas where the snow storage is planted.  In addition, due to the limitation in the lawn and perennial/annual plant

bed areas on site, the applicant must still designate snow storage area.

 

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PB #15-02: Orangetown  Shopping  Center Site Plan: Final Site Plan

Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board

January  14, 2015

Page 8of10

 

14. The Rockland County Department of Health reviewed and offered the following comments:

e      The proposed water and sanitary service to the pad site shall be shown on the plan. Depending on the configuration, Rockland county Health Department approval may be needed.

o     Application is to be made to the Rockland County Department of Health for review of the stormwater management system for compliance with the County Mosquito Code.

 

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

Preparation of Site Plans prior to signing the final plans.

 

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

 

17. 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.

 

18. 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:

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:

 

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PB #15-02:  Orangetown    Shopping   Center  Site  Plan:  Final  Site  Plan

Approval   Subject   to Conditions

 

 

Town  of Orangetown    Planning   Board

January   14, 2015

Page 9of10

 

Continuation    of Condition   #18 …

 

e 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.

ct 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.

 

19. 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.

 

20. 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.

 

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

 

22. 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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NM013~NVHO .:10  NM©l

 

PB #15-02: Orangetown  Shopping  Center Site Plan: Final Site Plan

Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board

January  14, 2015

Page 10of10

 

Continuation  of Condition  #22 …

 

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).

 

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

 

24. 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

 

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

 

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

0—

Dated: January 14, 2015         /7 /) /J  A     0  ~~

Town of Orangetown  Planning~a~

 

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