Meeting Overview

Meeting of June 10, 2015

Town of Orangetown  Planning  Board

 

MEMBERS PRESENT: Kevin Garvey,  Chairman;

Michael  Mandel;  Bruce Bond; Stephen  Sweeney;  Thomas  Warren  and William

Young

 

MEMBERS ABSENT: Robert  Dell

 

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:

 

Items:

Parseghian Site Plan

Final Site Plan and

Commercial  Interior Subdivision  Review

 

 

Final Site Plan

Approval  and

PB #15-28

 

Route 303 Overlay Zone

594 Route 303, Blauvelt

70.10/3/18;  CC zoning district

Commercial  Interior Subdivision  Plan Approval Subject to Conditions

 

 

Shaw Site Plan		PB #15-29
Prepreliminary/   Preliminary/  Final Site Plan	Final Site Plan
and SEQRA  Review	Approval  Subject
Critical  Environmental  Area	to Conditions
1111 Route 9W, Nyack (Upper  Grandview) 71.05/2/20;  R-22 zoning district	Neg. Dec.
Other Business:

 

1. Proposed Local Law relating to Prohibited Uses Town-wide  §10.5: Review/Recommendation    and Lead Agency  Status:

• The Planning Board had not objection  to the Town  Board as Lead Agency on this action.
• The Planning Board recommended  that the Town  Board perform  a more comprehensive                            review of the Zoning  Code before taking  a piecemeal approach.

 

2. Blauvelt Library Site Plan/Building Addition  Plan: The Board held that the application  did not need to be reviewed  by the Planning  Board since the improvement  to the building was minor, a total of 64 square feet.  The application should  be reviewed  by the Architecture  and Community  Appearance   Board of Review.

 

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Meeting  of June  10,   2015

Town  of Orangetown   Planning   Board

 

 

 

 

The decisions  of the May 27,  2015 Planning  Board  Meeting were reviewed, edited,   and approved.   The motion  for adoption  was made and moved  by Michael  Mandel  and seconded  by Stephen  Sweeney  and carried  as follows: William   Young,  aye; Kevin Garvey,  aye, Thomas  Warren,  aye,  Robert  Dell, absent;   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 Stephen  Sweeney  and seconded  by Michael Mandel and agreed to by all  in  attendance.   The meeting was adjourned  at

8:30 p.m.    The next Planning  Board meeting  is  scheduled  for July   22, 2015.

 

DATED: June 10, 2015

Cheryl  Coopersmith

Chief Clerk Boards and Commissio

 

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PB #15-28:  Parseghian Site Plan and Commercial  Interior  Subdivision

Plan- Final Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

June 10, 2015

Page 1of13

 

TO:

 

FROM:

Jessey Cokeley, Maser Consulting, 777 Chestnut Ridge Road, Suite 202, Chestnut Ridge, New York 10977-6218

Orangetown Planning Board

 

 

RE:    Parseghian  Site Plan and Commercial  Interior  Subdivision

Plan: The application of Masis Parseghian, applicant, for, Parseghian Four, owner, for Final Site Plan Approval, and Commercial Interior Subdivision Plan Review, at a site known as “Parseghian  Plans”,   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 A and Chapter 21 of the Code of the Town

of Orangetown and to determine the environmental significance of the application pursuant to the requirements of the New York State Environmental Quality Review Act. The site is located at 594 Route 303, Blauvelt, Town of Orangetown, Rockland County, and as shown on the Orangetown Tax Map as Section 70.10, Block 3, Lot 18 in the CC zoning district

 

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

June 10, 2015, at which time the Board made the following determinations: Jessey Cokeley and Masis Parseghian appeared and testified.

The Board received the following communications:

1. A Project Review Committee Report dated June 3, 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 June 10, 2015.
3. An interdepartmental memorandum from the Department of Environmental Management and Engineering, (DEME) Town of Orangetown, signed by Bruce Peters, P.E., dated June 4, 2015.
4. A letter from Brooker Engineering, signed by Kenneth DeGennaro, P.E., dated

June 9, 2015.

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

Douglas Schuetz, Acting Commissioner of Planning, dated May 19, 2015.

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

Scott McKane. P.E., Senior Public Health Engineer, dated May 7, 2015.

7. Engineer’s Report for Proposed Sewer System: Parseghian Shopping

Center, prepared by Maser Consulting, dated April 2012, revised April 2015.

8. A letter from Maser Consulting dated April 20, 2015, signed by Jesse Cokeley, P.E., Associate.
9. A letter from Suez Environmental/ United Water, signed by Frank McGlynn, Manager, New Business, dated April 1, 2015.
10. A Drainage and Hydrology Report, Stormwater Pollution Prevention Plan (SWPPP), Parseghian Shopping Center, prepared by Maser Consulting, dated April 2012, last revision date of April 2015.

 

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PB #15-28:   Parseghian   Site  Plan and  Commercial    Interior   Subdivision

Plan-  Final  Approval  Subject to Conditions

 

 

Town  of Orangetown    Planning   Board  Decision

June  10, 2015

Page 2of13

 

 

 

 

11. Final Site Plans for Parseghian Shopping Center  Plans prepared  by Maser Consulting,  dated March 20, 2012,  last revision dated April 3, 2015: Sheet  1of8:   Layout & Dimensions  Plan

Sheet 2 of 8: Grading,  Drainage  & Utility Plan

Sheet 3 of 8: Erosion & Sediment  Control  Plan Sheet 4 of 8: Erosion & Sediment  Control  Details Sheet  5 of 8: Construction  Details

Sheet  6 of 8: Landscaping  Plan

Sheet 7 of 8: Lighting  Plan

Sheet 8 of 8: Landscaping  Details

12. Copies of prior Board Decisions: ACABOR #14-15,  Approved  with

Conditions,  dated June 5, 2014, ZBA #12-82,  Route 303 Overlay Zone

Variances,  Approved,  dated  December  5, 2013 and PB #12-27,  Preliminary  Site

Plan Approval  Subject to Conditions,  dated June  13, 2012.

 

The hearing was then opened  to the Public. There  being no one to be heard from the Public, a motion was made to close the Public Hearing  portion of the meeting by Bruce Bond and second  by Thomas  Warren  and carried as follows:

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

 

DECISION:  In view  of the foregoing  and the testimony  before  the  Board,  the application  was  GRANTED  A FINAL  SITE PLAN  AND  COMMERCIAL INTERIOR  SUBDIVISION   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  II  Regulations.

 

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PB #15-28:  Parseghian Site Plan and Commercial  Interior  Subdivision

Plan- Final Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

June 10, 2015

Page 3of13

 

 

 

 

3. The applicant shall comply with all applicable conditions of previous Board Decisions: ACABOR #14-15, Approved with Conditions, dated June 5, 2014, ZBA #12-82, Route 303 Overlay Zone Variances, Approved, dated December 5,

2013 and PB #12-27, Preliminary Site Plan Approval Subject to Conditions,

dated June 13, 2012.

 

4. The Nationwide Permit 39 from the Army Corp of Engineers needs to be submitted prior to the Clerk signing the Final Map.

 

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

 

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

 

7. DEME has serious concerns about the location of the proposed retaining wall being a part of the proposed water quality/ water quantity basin. The retaining wall appears to function to both retain the proposed parking area, but also “hold in” the stormwater runoff volume that will enter the basin. The applicant’s engineer shall thoroughly explain, in the required SWPPP, the affect that the wall will have on water quality and ability of the wall to keep the water in the basin (i.e. what will prevent water from seeping into the wall and undermining the parking area?). The applicant’s engineer is advised that the New York State Stormwater management Design Manual specifically states that “A pond buffer shall be provided that extends 25 feet outward form the maximum water surface elevation of the pond.” (NYSSMDM page 6-14- Required Elements.)

 

8. The revised SWPPP is under review by DEME.

 

9. Detailed information regarding the proposed storage pond/ basin shall be supplied (i.e. storage capacity at certain elevations, berm reinforcing, maintenance access, etc.) Also, cross-sections, through the proposed basin, shall be added to the plan.

 

10. The applicant’s engineer shall obtain written permission from the U.S. Army Corp of Engineers (or the NYSDEC – depending on who has jurisdiction of the wetlands on the site) for filing of the existing wetlands (The “ownership” of the wetlands shall be labeled on the plans.)

 

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PB #15-28:  Parseghian Site Plan and Commercial  Interior  Subdivision

Plan- Final Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

June 10, 2015

Page 4of13

 

11. The revised sanitary calculations are under review by DEME.

 

12. A note shall be added to the plans stating that any restaurant/ food service business that intend to occupy one or more of the proposed retail spaces must install an appropriately sized grease trap. The trap must be designed by a NYS Licensed Professional Engineer and approved by the Town of Orangetown F.O.G. Coordinator.

 

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

DEME.

 

14. The proposed sanitary main easement to the Town of Orangetown Sewer

Department shall be increased to 15 foot wide.

 

15. The manhole frame cover with details, Sheet 5 of 8, shall reflect the current year date.

 

16. A detail for the proposed connection to the existing sanitary sewer manhole shall be added to the plans.

 

17. A detail for the proposed retaining wall shall be provided on the plans.

 

18. The proposed sidewalk at the Northeast corner of the lot appears to go past the previously dedicated Town property. The applicant shall investigate as to whether this section of sidewalk should be easemented or dedicated to the Town of Orangetown or the NYSDOT.

 

19. Copies of all correspondence, including any and all approvals, with the New York State Department of  Environmental Conservation,  U.S. Army  Corps  of Engineers, the Rockland County Drainage Agency, etc., in connection with this proposed site plan, shall be supplied to the Planning Board and DEME, prior to signing the map.

 

20. The Drainage Consultant to the Planning Board reviewed the submitted information and found that in their opinion, that the increases in stormwater runoff can be successfully mitigated for this project. The Consultant therefore recommends that the Parseghian Shopping Center Site Plan be approved for drainage subject to the following Project Comments.

 

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PB #15-28:   Parseghian   Site  Plan  and  Commercial    Interior   Subdivision

Plan-  Final  Approval   Subject   to Conditions

 

 

Town  of Orangetown    Planning   Board  Decision

June  10, 2015

Page 5of13

 

Continuation    of Condition   #20 …

 

This  is the second  drainage  review  report  to the  Planning  Board for this  project; the last report was dated  June  5, 2012.  The property  is located  on the west  side of  Route  303,  just  north  of  Erie  Street.  Stormwater   runoff  flows  downhill   in  a westerly  direction  across  the site toward  a swale  along  CSX  railroad.  The  swale has a nominal  slope and was observed  to have stagnant  water  more indicative  of a pond.  NYSDOT  record  drawings  provided  to our office  indicate  a 24 inch  pipe that  crosses  Route 303 in an easterly  direction  south of the site.  It is not clear  if the  ponding  water  in the swale  along the  railroad  is intended  to discharge  to this system.  Based  on discussion  with the  NYSDOT,  the  natural  drainage  pattern  in this  area  may  be for  stormwater   runoff  from  the  site to enter  the  railroad  swale and  ultimately  be discharged  to this  pipe. The  system  may  be silted  in and  not functioning   due  to  lack  of  maintenance;   alternately,   there  may  be  an  overflow structure  that allows stormwater  to enter this system  and flow under Route 303.

 

The  site  is approximately   1.86  acres  and  is proposed  to add  approximately   1.4 acres  of impervious  area for the  new  building  and  parking  areas.  A stormwater management  basin (NYSDEC  BMP P-1) is proposed  in the rear of the property to provide  stormwater  quality and detention  mitigation.

 

Project   Comments:

1. As per the June 5, 2012 drainage  review  report,  more information  shall be provided  for  the  breakdown   of  existing  and  proposed  conditions   surface cover  and curve  numbers.  A curve  number  of 100 for the permanent  pool of the  detention  basin  should  be utilized.  The  Drainage  Consultant’s   site observation  showed  a densely  vegetated  woods/field.  The curve  numbers for  existing  conditions   are  too  high  and  overestimate   peak  runoff  rates leaving the site for the existing  conditions  property.
2. As per the June 5, 2012 drainage review  report, the detention  basin outlet pipe discharges  to an existing  berm that will have to be excavated  to allow stormwater  to  pass  through  the  berm  and  enter  the  railroad  swale/pond. The  plan shall show this area in more detail and shall show no grading  off the   property.   If  grading   off  the   property   is  required,   permission   or  a construction  easement  from the neighbor  shall be obtained.   The invert of the  pipe  is  122.0  and  the  bottom  of  bank  is  123.26  in  this  area.  The existing   122  contour  that  is  being  tied  into  to  construct   the  flared  end section  is outside  the  property.  The  angle  of the  pipe discharging   at the flared  end  section  will  impact  the  existing   berm  and  require  additional excavation   that  is  not  shown  on  the  plan;  we  recommend   moving  the outlet  structure  to the  north  side of the  basin  (closer  to the  ramp  into the basin)  which  would   allow  the  outlet   pipe  to  enter  the  existing   railroad swale at a perpendicular  angle.

 

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PB #15-28:  Parseghian Site Plan and Commercial  Interior  Subdivision

Plan- Final Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

June 10, 2015

Page 6of13

 

Continuation  of Condition  #20 …

 

 

 

 

3. Construction details for the retaining wall shall be part of the Site Plan and the design shall include vehicular surcharges.
4. A jurisdictional determination  regarding the  wetlands  on  site  shall  be provided by the Army Corps of Engineers.
5. The existing railroad swale west of the site that receives the outfall from the stormwater management basin continues to have standing water and

appears to  behave more as a pond than a swale. The engineer shall determine the outfall of this area; alternately this area can be treated as a pond. If the drainage report is to consider this area to be a pond then the pond elevations will surcharge the stormwater management basin. This backwater effect shall be included in the design calculations.

6. The inconsistency between available storage in the drainage calculations at elevation 123.0 shall be clarified. The forebay and micro pool calculations on Page 7 have a total area of 0.092 acres at elevation 123.0 and the Pocket Pond on Page 8 has an area of 0.1863 acres at elevation

123.0

7. The Pond Outlet Structure Detail on Drawing 5 of the Site Plan has two weirs at elevations 125.0 and 125.5; the drainage calculations have only one weir. The drainage calculations use a 4″ opening for the low flow orifice; there is a 3″ plate over the orifice. The Fixed Sediment Marker on this detail is at elevation 125.0; this shall be lowered to below the low flow opening. If the low flow opening is blocked by sediment than the intended routing will not occur.
8. The Maintenance Schedule for the stormwater management basin shall be included on the Site Plan.
9. Hydrographs for all subareas and design storms shall be included in the drainage report.
10. The reference to SDPES General Permit GP-0-10-001 shall be updated to reflect the current General Permit.

 

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PB #15-28:  Parseghian Site Plan and Commercial  Interior  Subdivision

Plan- Final Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

June 10, 2015

Page 7of13

 

 

 

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

 

1. An updated review shall be done by the New York State Department of

Transportation and all required permits obtained.

 

2. The comments in the May 7, 2015 letterfrom the Rockland County

Department of Health must be met.                           ·

 

3. The Town shall be satisfied that all of the applicable provisions of the Route 303 Overlay Zone have been addressed, including the approval of the above ground detention basin.

 

4. There shall be no net increase in stormwater runoff from the site.

 

5. A stormwater pollution prevention plan (SWPPP) was not provided. The SWPPP, if required, shall conform to the current regulations, including the New York State Stormwater Management and Design Manual (January

2015) and local ordinances.

 

6. Water is a scarce resource in Rockland County; thus proper planning and phasing of this project are critical to supplying the current and future residents of the Towns, Villages and County with an adequate supply of water. The water system must be evaluated to determine if the additional water supply demands of the proposed development can be met. Domestic and fire demands of the project must be determined by a NYS Licensed Professional Engineer and provided to the supplier of the water for analysis. Demand calculations and results of the analysis must be provided to the Rockland County Department of Health for review.

 

7. An updated review shall be completed by the United States Army Corps of

Engineers and all required permits obtained.

 

8. 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 New York State Guidelines for Urban Erosion and Sediment Control.

 

9. In a letter dated May 29, 2012, the Rockland County Drainage Agency raised several concerns related to the impacts to the floodplain of the Sparkill Creek. Therefore, an updated review must be completed by the Rockland County Drainage Agency, and all required permits obtained.

 

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PB #15-28:  Parseghian Site Plan and Commercial  Interior Subdivision

Plan- Final Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

June 10, 2015

Page 8of13

 

 

 

22. Rockland County Health Department (RCDOH) reviewed the plans and offered the following comments:

 

1. Plans now indicate that the Town of Orangetown will take ownership of the sanitary sewer. Sewer Extension approval will be required. If the sanitary sewer is to remain private, approval from RCDOH is still required.

 

2. Copy of the sewer study is to be submitted to RCDOH.

 

3. Application is to be made to the RCDOH for review of the stormwater management system for compliance with the County Mosquito Code.

 

23. The Town of Orangetown Fire Prevention Bureau had the following comments, which shall be placed on the Site Plan as notes:

In regard to the 10.640 square foot building with multiple tenants. the following is offered:

1. An NPPA 13 compliant Fire Sprinkler system inspected annually

according to NFPA 25 shall be installed, with a 4″ Storz connection and

Orangetown code FDC sign.

2. Install and maintain an NFPA 72 compliant Fire Alarm System connected

to Rockland County 44-Control with 2 copper dedicated phone lines and transmitted in contact ID Format, with Orangetown code amber and red strobes.

3. Any cooking facilities to be protected with an NFPA 96 compliant Class I

vapor hood and UL 300 extinguishing system.

4. Install and maintain portable fire extinguishers as required by NFPA 10.
5. Show on Site Plan and maintain Fire Lane/Fire Zone signage and striping and show all signage and markings on the final approved Site Plan.

Maintain striping and signage as required in the New York State Property

Maintenance Code.

6. The Town of Orangetown Fire Prevention Bureau requires review and approval of the proposed fire sprinkler plan, Fire Department connection location and the fire alarm plans before construction begins.

 

24. Based upon Rockland County Drainage Agency (RCDA) evaluation of available mapping and information submitted, it has been determined that the proposed activity is outside the jurisdiction of the RCDA. Therefore, a permit from the RCDA pursuant to the Rockland County Stream Control Act, Chapter

846, is not required based upon its review of the information provided. However, the site appears to be located in close proximity to the 100 year floodplain of the Sparkill Creek, and may ultimately impact the floodplain of the Sparkill Creek, a County regulated stream.  In that regard, and as an interested and involved agency pursuant to SEQRA and the RCDA offers the following comments:

 

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PB #15-28:  Parseghian Site Plan and Commercial  Interior  Subdivision

Plan- Final Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

June 10, 2015

Page 9of13

 

 

 

Continuation  of Condition  #24 .•.

 

(1) In accordance  with section  6.1.3 of the New York State Stormwater Management  Design  Manual (NYSSMDM),  a fixed vertical  sediment depth marker should  be installed  in the forebay  to measure  sediment deposition  over time.   Please  indicate  a fixed vertical  sediment  depth marker  in the forebay  of the stormwater  pond.

 

(2) In accordance  with section  6.1.6 of the NYSSMDM,  the maintenance access  should extend to the forebay,  safety each, riser and outlet and be designed  to allow vehicles  to turn around.   However,  the project drawings  do not indicate  maintenance  access to the outlet structure. Please  review and revise the design as necessary.

 

(3) In accordance  with section  6.1.6 if the NYSMDM,  the low flow orifice should  be adequately  protected  from clogging  by either an acceptable external trash  rack or by internal orifice  protection  that may allow for smaller diameters.   However,  the project drawings  do not indicate the required orifice  protection.   Please review and revise the drawings  as necessary  to demonstrate  that the low flow orifice would  be adequately protected  from clogging.

 

(4) The “Drainage  and Hydrology  Report”  indicates  that the proposed pond is a Pocket  Pond, P-5.  Pocket  Pond does not require a pond drain as the groundwater  table  is above the bottom of the pond. However,  it shall have a permanent  pool and therefore  an aquatic bench.  The drawings  and details do not indicate that the pond has a permanent  pool and an aquatic  bench.   The site grading  and/ or the Report do not indicate that the ground water table is above the invert elevation  of the proposed  pond.   In addition,  a temporary  sediment

basin with invert elevation  of 120, same as P-5 pond, is shown on the

Erosion and Sediment  Control  Plan.  Temporary  sediment  basins are not allowed  at or below the water table to protect the groundwater. Please review and revise the pond type and design  as necessary  to indicate  a pond drain that can completely  or partially drain the pond, as

per section  6.1.6 of the NYSSMDM,  if the ground  water table at the

pond location  is above the pond bottom  elevation  120. Otherwise, please review and revise the Pocket Pond design to include the

required wet pool and aquatic  bench, as per NYSMDM.

 

25. The New York State Department of Transportation  (NYSDOT)  has received  a copy of the site plans last revised  March 20, 2012 and hydraulic  report dated

April 2012 and associated  SEQRA  documentation.    The drainage  study is currently  being reviewed.   The site plans have been reviewed  to ensure they

meet standards  and correspond  to the design of the proposed  NYSDOT  project in the vicinity of the Route 3043 and Erie Street.   Please  review to the following comments:

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PB #15-28:  Parseghian Site Plan and Commercial  Interior  Subdivision

Plan- Final Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

June 10, 2015

Page 10of13

 

 

 

Continuation  of Condition  #25 …

 

(1) Both the existing and proposed direction of the adjacent stream is unclear.

 

(2) There are discrepancies between the existing grades shown in the

1989 plans and those shown in the current plans.  It will need to be verified that the drainage study is based on the original grade of the land as shown in the 1989 approved permit plans.

 

(3) The roadside drainage south of the stream shall be maintained in a roadside grass swale and shall not be diverted toward the railroad tracks. All onsite drainage including the driveway shall be diverted to the retention basin.                                                                         ·

 

(4) The sidewalk shall be moved back toward the designed street line and shall continue north behind the turn around to the property line. This will allow for roadside drainage.

 

(5) The curb radii shall be shown on the plans. As the proposed NYSDOT

curbing may not be completed prior to the development of this property, a

6 foot tapered end section shall be shown on each side of the driveway curb. There shall be a 5 foot offset from the end of the curb to the property line.

 

(6) The plans shall reference the nearest highway mile marker. (7) The neighboring driveway shall be shown on the plans.

(8) The plans shall include details meeting NYSDOT standards for curb, curb end section, sidewalk and pavement.

 

(9) The sidewalk detail shown on the plans has 4 inches of subbase. This shall be changed to 6 inches.

 

 

 

26. All proposed work within the New York State Department of Transportation (NYSDOT) right of way requires a Highway Work Permit (HWP). A detailed engineering review is necessary and required for insurance of a HWP. Please note that any proposed changes to the existing property plan, use, or traffic operations may necessitate an updated access configuration for the proposed project.

 

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PB #15-28:  Parseghian Site Plan and Commercial  Interior  Subdivision

Plan- Final Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

June 10, 2015

Page 11  of 13

 

 

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

Preparation  of Site Plats prior to signing the final  plans.

 

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

 

29. All of the conditions of this decision,  shall be binding  upon the owner of the subject  property,  its successors  and /or assigns,  including  the requirement  to maintain the property  in accordance  with the conditions  of this decision  and the requirement,  if any, to install improvements   pursuant  to Town Code §21A-9. Failure to abide by the conditions  of this decision  as set forth  herein shall be considered  a violation  of Site Plan Approval  pursuant  to Town Code §21A-4.

 

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

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

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

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

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

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

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

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

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

 

 

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PB #15-28:  Parseghian Site Plan and Commercial  Interior  Subdivision

Plan- Final Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

June 10, 2015

Page 12of13

 

 

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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PB #15-28:   Parseghian  Site  Plan and Commercial   Interior   Subdivision

Plan–  Final   Approval  Subject  to Conditions

 

 

Town of Orangetown   Planning   Board  Decision

June  10,  2015

Page 13of13

 

Override

The Board made a motion   to override  Condition   #4 of the May 19,   2015   letter

from  Rockland   County   Department  of Planning,  signed   by Douglas   Schuetz, Acting  Commissioner   of Planning:

 

4. 4. An updated review shall   be done  by CSX Transportation   for the drainage that  is  proposed  to enter onto their   right  of way.

 

The Board held that the updated  package  of plans  and information    was provided to CSX Transportation    for review,  however,  the agency  did not respond.

 

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

 

 

 

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

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PB #15-29:  Shaw  Site  Plan –  Final  Approval   Subject   to Conditions-    Critical

Environmental    Area/  Neg. Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

June  10, 2015

Page  1of8

 

 

 

TO:          Michael  Shaw,  1111 Route 9W, Nyack,  New York,  10960

FROM:    Orangetown  Planning  Board

 

RE:     Shaw Site Plan: The application  of Michael Shaw, owner, for Prepreliminary/   Preliminary/  Final Site Plan Review,  at a site to be known as “Shaw  Site  Plan”,  located  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  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 1111 Route 9W, Nyack (Upper  Grandview),

Town of Orangetown,  Rockland  County,  New York, and as shown on the Orangetown  Tax Map as Section  71.05,  Block 2, Lot 20 in the R-22 zoning district.

 

Heard by the Planning  Board of the Town of Orangetown  at a meeting  held, Wednesday,   June  10, 2015 at which time the Board made the following determinations:

 

William  Pfaff appeared  and testified.

The Board received the following  communications:

1. Project Review Committee Report dated June 3, 2015.
2. Interdepartmental memorandum  from the Office of Building,  Zoning,  Planning

Administration   and Enforcement,  Town  of Orangetown,  signed  by

John Giardiello,  P.E., Director,  dated June 10, 2015.

3. An interdepartmental memorandum  from the Department  of Environmental Management  and Engineering  (DEME),  Town of Orangetown,  signed  by Bruce Peters, P .E., dated June 4, 2015.
4. A letter from Brooker Engineering, signed by Kenneth DeGennaro, P.E., dated May 30, 2015.
5. A letter from the Rockland County Department of Planning, signed by

Douglas Schuetz, Acting Commissioner of Planning dated May 15, 2015.

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

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

May 7, 2015

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

LaFiandra, Engineer II, dated May 29, 2015.

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

Patricia Castelli, dated May 6, 2015.

9. A letter from the Village of Grand View-on- Hudson, signed by Julie Pagliaroli, Village Clerk/Treasurer, dated May 20, 2015.

 

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PB #15-29:  Shaw  Site  Plan –  Final  Approval   Subject   to Conditions-    Critical

Environmental     Area/  Neg. Dec.

 

Town  of Orangetown    Planning   Board  Decision

June  10, 2015

Page 2 of 8

 

 

 

10. A letter from the New York State Department of Transportation,   signed  by Joseph  Taylor,  MRP, Permit Engineer,  NYSDOT,  Rockland  County Residency, dated June 10, 2015.
11. A Short Environmental  Assessment   Form, dated April 25, 2015, signed  by

John Atzl, PLS.

12. A copy of the Building Department Referral,  dated April 6, 2015.
13. Site Plan – Drawing 1, prepared by Atzl, Nasher  & Zigler, P.C.,  dated

April 22, 2015.

14. Architectural Plans prepared by Pfaff Architects, dated April 27, 2015:

• PB.1: Floor Plans
• PB.2: Building Elevations

 

The hearing was then opened to the Public. There being no. one to be heard from the Public, a motion was made to close the Public Hearing portion of the meeting by Bruce Bond and second by Michael Mandel and carried as follows:

Kevin Garvey, aye; Bruce Bond, aye; William Young, aye; Robert Dell, absent;

Stephen Sweeney, aye; Michael Mandel, aye and Thomas Warren, aye.

 

The proposed action is classified as an “unlisted action” as defined by Section

617.2 (ak) of the New York State Environmental Quality Review Regulations (SEQRR). No agency, other than the Orangetown Planning Board will have any significant involvement in the review process, pursuant to Section 617.6 of SEQRA.

 

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

 

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

 

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PB #15-29: Shaw Site Plan –  Final Approval  Subject to Conditions-  Critical

Environmental  Area/ Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

June 10, 2015

Page 3 of 8

 

 

 

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

Atzl, Nasher & Zigler and Pfaff Architects,  and having heard from the following offices, officials and/or Departments: (Town of Orangetown): Project Review Committee, Office of Building, Zoning, Planning Administration and Enforcement and Department of Environmental Management and Engineering, and having heard from the following involved and interested agencies: Town of Orangetown

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

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

 

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PB #15-29: Shaw Site Plan –  Final Approval  Subject to Conditions-  Critical

Environmental  Area/ Neg. Dec.                                          ·

 

Town of Orangetown  Planning  Board Decision

June 10, 2015

Page 4of8

 

 

 

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

 

DECISION: In view of the foregoing  and the testimony  before the Board, the application  was GRANTED 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. As requested by the Village of Grand View-on-Hudson  and agreed  upon by the

Planning  Board, the illegal structure  running from the applicant’s  property  onto the Village of Grand View-on-Hudson’s   owned  park shall be removed permanently.

 

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

 

 

5. The existing sanitary sewer house connection  or septic system  shall be shown on the Site Plan.

 

 

6. Erosion control measures shall be shown on the Site Plan.

 

 

7. Drainage Review  Recommendation

The plans shows no increase  in impervious  areas and maintains  the existing drainage  patterns.  The Planning  Board’s  Drainage  Consultant,  Brooker Engineering,  therefore  recommends  that the Shaw Site Plan be approved  for drainage  subject to the following  comments.

 

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PB #15-29: Shaw Site Plan –  Final Approval  Subject to Conditions-  Critical

Environmental  Area/ Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

June 10, 2015

Page 5 of 8

 

Continuation  of Condition  #7 …

 

This is the first drainage review report to the Planning Board for this project. The project is located along the east side of Route 9W and contains an existing single family residence, circular driveway, and a patio and shed. There are steep

slopes on the site and several retaining walls.  The building addition is located outside the steep slope areas. The project consists of a 16′ x 5 two story plus basement building addition, which is located outside the steep slope areas, and a new retaining wall and walkway. The addition is located over existing impervious areas and not new impervious areas are being added.

 

 

Project   Comments

1. The Site Plan shall confirm that no new impervious areas are being proposed.
2. The first floor and basement floor elevation of the addition shall be added to the Site Plan. Proposed spot grades shall be added at the corners of the addition and proposed contours shall be added that demonstrate runoff on the west and north sides of the building will be directed around the building. Top and bottom of wall elevations shall be added.
3. The foundation drain shall be shown on the site plan.
4. New impervious areas shall be shown on the plan. It appears the new building is being constructed over the existing porch and no new impervious areas are being added; this shall be verified on the site plan.
5. The purpose of the drainage structure with the “2.5′ concrete cap” shall be shown on the site plan; during the Consultant’s site visit the structure was filled with concrete debris.
6. Pipe inverts and locations of the existing on site drainage structures shall be shown on the Site Plan.
7. A Sediment and Erosion Control Plan with details shall be prepared.

 

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

 

1. A review shall be completed by the New York State Department of

Transportation and all required permits obtained.

 

2. The comments in the May 7, 2015 letter from the Rockland County

Department of Health must be met.

 

3. 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.

 

 

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

 

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PB #15-29: Shaw Site Plan –  Final Approval  Subject to Conditions-  Critical

Environmental  Area/ Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

June 10, 2015

Page 6of8

 

 

 

9. Based on the information provided, there are no Rockland County Health Department (RCDOH) approvals needed for this application. Should the Board require stormwater management to remediate the increase in impervious coverage, application is to be made to the RCDOH for review of the system for compliance with the County Mosquito Code.

 

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

 

11. The New York State Department of Transportation (NYSDOT) reviewed the· subject project and found that the there are no proposed improvements or construction within the New York State right of way. At this juncture, no permit is required from the NYSDOT and it is conceptually unopposed to the improvements beyond the Department’s right of way.

 

12. All of the conditions of this decision, shall be binding upon the owner of the subject property, its successors and/or assigns, including the requirement to maintain the property in accordance with the conditions of this decision and the requirement, if any, to install improvements pursuant to Town Code §21A-9. Failure to abide by the conditions of this decision as set forth herein shall be considered a violation of Site Plan Approval pursuant to Town Code §21A-4.

 

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

Board assuming responsibilities of lead agency for SEQRA purposes:

– Town of Orangetown Zoning Board of Appeals

– Rockland County Department of Health

– Rockland County Sewer District No. 1

 

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

Preparation of Site Plans prior to signing the final plans.

 

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

 

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

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

 

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PB #15-29: Shaw Site Plan –  Final Approval  Subject to Conditions-  Critical

Environmental  Area/ Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

June 10, 2015

Page 7 of 8

 

Continuation  of Condition  #16 …

 

 

 

1. Trees designated to be preserved shall be marked conspicuously on all sides at a 5 to 1 O foot height.
2. The Tree Protection Zone for trees designated to be preserved will be

established by one of the following methods:

 

• One (1) foot radius from trunk per inch DBH.

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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PB #15-29:  Shaw  Site  Plan –  Final  Approval  Subject   to Conditions-    Critical

Environmental     Area/  Neg.  Dec.

 

Town  of Orangetown    Planning   Board  Decision

June  10,  2015

Page 8 of 8

 

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

 

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

 

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

 

Dated:  June 10, 2015

Town of Orangetown  Planning  B

attachment

 

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State Environmental  Quality  Review Regulations

NEGATIVE DECLARATION

Notice of Determination  of Non-Significance

 

PB #15-29: Shaw Site Plan –  Final Approval  Subject to Conditions-  Critical

Environmental  Area/ Neg. Dec.

Town of Orangetown  Planning  Board Decision

June 10, 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: Shaw Site Plan –  Final Approval  Subject to Conditions• Critical  Environmental  Area/ Neg. Dec.

 

SEQR STATUS:     Type I                                           Unlisted XXXXXX

CONDITIONED NEGATIVE DECLARATION: Yes               No  XXXXXX DESCRIPTION OF ACTION: Site Plan –  Critical  Environmental  Area

LOCATION: The site is located at 1111 Route 9W, Nyack (Upper Grandview), Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 71.05, Block 2, Lot 20 in the R-22 zoning district.

 

REASONS SUPPORTING THIS DETERMINATION:

The Orangetown Planning Board, as Lead Agency, determined that the proposed

action will not have a significant impact on the environment and a Draft Environmental Impact Statement (DEIS) will not be prepared. The reasons supporting this determination are as follows:

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

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

For Further Information contact:

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

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

– Involved Agencies

 

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