Meeting Overview

Town of Orangetown  Planning  Board

 

MEMBERS PRESENT: Kevin GaNey, Chairman; Bruce Bond; John Foody; Jeffrey Golda; William Young and Michael Mandel

MEMBERS ABSENT:  Robert Del!

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:

 

School of Rock Conditional Use Permit Prepreliminary/ Preliminary/ Final Conditional Use Permit and SEQRA Review

70 .14/4/33;  CS zoning district

Granted                   PB #13 – 22

Conditional Use

Permit

 

Henry Kaufmann Campground,  Inc. Master Plan Prepreliminary/ Preliminary/ Final                      Postponed Master Plan and SEQRA Review

69.14/1/28 & 69.10/2/21; R-80 zoning district

PB #13 – 23

 

Kopunek Subdivision Plan Prepreliminary/ Preliminary Subdivision Plan and SEQRA Review

77.06/2/69; R-15 zoning district

Continued:              PB #13 – 24

Determination

of property status by the Office of Building, Zoning,

Planning Administration

And Enforcement

 

 

Hayes Site Plan Prepreliminary/ Preliminary/ Final	Postponed	PB #13-25
Site Plan and SEQRA Review
70.09/ 1/ 41.1; R-15 zoning district
7 Welles Lane Site Plan 28 South Boulevard  Subdivision	Final Site Plan Approval	PB #13-26

 

Critical Environmental Area

Prepreliminary/ Preliminary/ Final & SEQRA Review

66.17/1/25.2; R-22 zoning district

Subject to Conditions

Neg. Dec.

 

The Pointe at Lake Tappan Site Plan

Final Site Plan Amendment

to Approved Site Plan Review

73.10/1/4, 5 6 (partial); PAC zoning district

Final Site Plan       PB # 13 – 20

Approval

Subject to Conditions

 

Continued  Item from  February 22, 2012  Meeting:

28 Route 303 Auto Site Plan

Prepreliminary/ Preliminary/ Final                      Postponed

Site Plan and SEORA Review

77 .15/1 /44; CS zoning district

PB #12-  02

 

 

 

 

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June  12, 2013 Planning   Board  Meeting

Page 2

 

 

The decision  of Hillside  Commercial  Park Site Plan, PB #13-21,  of the May 22,

2013 Planning  Board Meeting  was reviewed,  edited and approved.  The motion for adoption  was made and moved by William  Young  and seconded  by Bruce Bond and carried as follows:  Kevin Garvey,  aye; Bruce Bond, aye, Jeffrey Golda, aye; Robert Dell, absent;  John Foody, aye; Michael  Mandel,  recused,  and

William  Young,  aye.

 

 

The decisions  of the May 22, 2013  Planning  Board Meeting  was reviewed,  edited and approved.  The motion for adoption  was made and moved by John Foody

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

 

The Decisions  of the above hearings,  as attached  hereto,  although  made by the Board before the conclusion  of the meeting  are not deemed  accepted  and adopted  by the Board until adopted  by a formal  motion for adoption  of such minutes  by the Board. Following  such approval  and adoption  by the Board, the Decisions  are mailed to the applicant.  The verbatim  transactions  are not transcribed,   but are available.

 

Since there was no further  business  to come  before the Board, a motion to adjourn  the meeting  was made by Bruce Bond and seconded  by Michael  Mandel and agreed to by all in attendance.  The meeting was adjourned  at 9:15 p.m.  The next Planning  Board meeting  is sche  uled for June 26, 2013.

 

DATED: June 12, 2013

Town of Orangetown  Planning  Bo                  ~

 

 

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PB #13-22:  School of Rock  Conditional Use Permit: Granted  Conditional

Use Permit  and Final Approval Subject to Conditions/ Neg. Dec.

 

 

Town  of Orangetown   Planning  Board Decision

June  12, 2013

Page 1of6

 

TO:

 

 

FROM:

Shuman  Roy, 1201 Adams  Street, Apt. 213, Hoboken,  New Jersey  07030

Orangetown  Planning  Board

 

 

RE:                 School of Rock Conditional  Use Permit: The application  of Shuman Roy, applicant,  for Blauvelt  Realty  Partners,  owners,  for a Conditional  Use Permit Review,  Prepreliminary/   Preliminary/  Final Review,  at a site to be known as “School of Rock Conditional. Use 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 225 East Erie Street,  Blauvelt,  Town of Orangetown,  Rockland County,  New York, and as shown on the Orangetown  Tax  Map as Section  70.14, Block 4, Lot 33 in the CS zoning  district.

 

Heard by the Planning  Board of the Town of Orangetown  at a meeting  held Wednesday, June  12, 2013, at which time the Board made the following determination:

 

Shuman  Roy appeared  and testified.

The Board received the following  communications:

1  .  Project Review Committee  Report dated June 5, 2013.

2. An interdepartmental memorandum  from the Office of Building, Zoning, Planning  Administration   and Enforcement,  Town  of Orangetown,  signed  by John Giardiello,  P.E., Director,  dated June  12, 2013.
3. An Interdepartmental memorandum  from the Department  of Environmental Management  and Engineering  (DEME), Town  of Orangetown,  signed  by Bruce Peters,  P.E., June 6, 2013.
4. A letter from Rockland County Department  of Planning,  signed by

Thomas  Vanderbeek,   P.E.,  Commissioner   of Planning,  dated  May 31, 2013.

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

Sonny  Lin, P.E., June 11, 2013.

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

Joseph  Lafiandra, Engineer  II, dated  June 4, 2013.

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

Scott McKane,  P.E., Senior  Public Health  Engineer,  dated  May 13, 2013.

8. An interdepartmental memorandum  from the Bureau of Fire Prevention,  Town of Orangetown,  signed by Michael  Bettmann,  Chief Fire Inspector,  dated

May 21, 2013.

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

Mary Jo Russo, P.E., Rockland  County  Permit  Engineer,  dated June  10, 2013.

10. A Short Environmental Assessment  Form signed  by Shuman  Roy, dated

May 2, 2013.

 

 

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

Daniel Sullivan, Chairman, dated May 15, 2013.

12. Plans noting interior layout of storefront, location and available parking.
13. Copy of Building Permit application, dated February 28, 2013.
14. An Executive Summary prepared by Shuman Roy.

 

The Board reviewed the Plan.

 

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

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

Bruce Bond and carried as follows: Kevin Garvey, aye; Bruce Bond, aye; Michael

Mandel, aye; William Young, aye; Robert Dell, absent; Jeffrey Golda, aye and

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

 

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

 

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

applicant 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

 

 

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Environmental   Management  and Engineering,  and having  heard from the following  involved  and interested  agencies:  Rockland  County  Department  of Highways,  Rockland  County  Sewer  No. 1, Rockland  County  Department  of Health,  and having reviewed  the proposed  plan, a summary  of the reasons supporting  this determination   are, and the Planning  Board finds that the proposed  action:

-Will not significantly  affect existing  air quality  or noise  levels;

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

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

-Will not significantly  affect  existing traffic  levels;

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

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

-Will not have a significant  adverse  impact  on the environmental   characteristics of our critical  environmental   area or environmentally   sensitive  sites or features;

-Will not have an impairment  of the character  or quality of important  historical, archeological   or architectural   resources;  -Will not have an impairment  of the character  or quality of important  aesthetic  resources;

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

-Will not remove or destroy  large quantities  of vegetation  or fauna;

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

-Will not have a significant  adverse  impact to natural  resources;

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

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

-Will not create  a hazard to human  health; and

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

 

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

 

In view  of the foregoing  and  the testimony  before  the  Board,  the application was  GRANTED  A CONDITIONAL  USE PERMIT,  pursuant  to Chapter  43, Section  8.1 of the  Town  of Orangetown  Zoning   Code. The  Board  made  the following  Findings  and  Comments:

 

• The proposed use, size and character is in harmony with the development in the district in which it is proposed to be situated and will not be detrimental to the zoning classification of such properties.

 

• The proposed location and size of the use, nature and intensity of operations involved, and the site layout in relation to access streets will not be hazardous to pedestrian or vehicular traffic.

 

 

 

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PB #13-22:  School of Rock Conditional Use Permit: Granted  Conditional

Use Permit and Final Approval Subject to Conditions/ Neg. Dec.

 

Town  of Orangetown Planning Board Decision

June 12, 2013

Page 4 of 6

 

• The proposed location of the use will not hinder or discourage development or use of adjacent land and buildings.

 

• The proposed use will not require additional public services or create fiscal burdens upon the Town of Orangetown greater than those which characterize uses permitted by right.

 

In addition, this FINAL APPROVAL   IS SUBJECT  TO THE  FOLLOWING CONDITIONS:

1. The parking requirements for a school of special instruction are at least 1

space per 300 square feet or 1  space per 12 students. Therefore, the

number of existing parking spaces is sufficient

 

2. Item #10 of the Short Environmental Assessment Form shall be answered

“Yes” and “Certificate of Occupancy” listed.

 

3. The Rockland County Department of Health reviewed the information and found there are no Rockland County Department of Health approvals needed for this application.

 

4. 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. The District maintains sewers in an easement on the above property. Although this application does not appear to affect the easement, the following Information is offered by the District:
5. a) No permanent structures may be built within the District
6. b) If any foundation work or other types of major excavation work is to be done within close proximity to the easement boundary, the District must be notified forty-eight (48) hours in Shoring or other types of precautions may be needed to protect the sewer main. The property

owner must also pay these expenses.

1. c) To prevent any damages from occurring to the existing main, the

District must be notified when the land within the easement is to be modified. This includes but is not limited to regrading, raising or lowering of manhole frames, or working in close proximity to sewers and manholes

within the easement

1. d) The District office must approve any construction to be done with the

District easements.

1. e) A contractor must obtain required insurance and sign a waiver to

defend, indemnify, save and hold harmless both the County of Rockland and Rockland County Sewer District No. 1   from any claims arising from work performed with its easements.

 

 

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PB #13-22:  School   of Rock  Conditional  Use Permit:   Granted   Conditional

Use  Permit  and  Final  Approval  Subject   to Conditions}  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

June 12, 2013

Page 5 of 6

 

 

 

5. The Board  held  that  the  recommendation from  the  Rockland  County

Department of Planning was satisfied.

1. It is not clear how many parking spaces are required for this use, or how many parking  spaces  are  being  provided.    Some  parking spaces are depicted on the sketch, but access to the site is not shown.            The  applicant  must  show  that  adequate  parking  is provided, or provide an off-site arrangement for their use in the event of overflow  parking.   This  is especially critical since Erie Street is a busy roadway, and the description for the use seems to indicate that multiple students will be at the school simultaneously.

 

6. The Town of Orangetown  Bureau of  Fire Prevention had the following comments which are incorporated herein as conditions of approval:
7. Install a   NFPA  72  compliant  fire   alarm  system  with  direct connection to 44 Control, transmitting in Contact ID format.
8. Install Portable Fire Extinguishers according to NFPA 10.
9. Install Emergency and Illuminated Exist lights according to NEC
10. Install a Key Box.
11. Install Amber strobes  according to  Town  of  Orangetown  Town

Code.

1. Show “No Parking” and “Fire Zones” on Final Approved Site Plan.
2. Apply for and maintain a Certificate of Compliance Fire Safety with

the Orangetown Bureau of Fire Prevention Office.

 

7. The New York State Department of Transportation has reviewed the plan and held that the project will have no significant impact on the state transportation system.

 

8. The Rockland County Department of Highways The Rockland County Department of Highways reviewed the plans and found that the subdivision as shown will have no foreseeable adverse impact upon County Highway

in the area.

 

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

Board assuming responsibilities of lead agency for SEORA purposes:

– Rockland County Sewer District #1

– Rockland County Department of Health

– Rockland County Department of Highways

– Town of Orangetown Zoning Board of Appeals

– New York State Department of Transportation

 

 

 

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PB #13-22: School of Rock Conditional  Use Permit:  Granted Conditional

Use Permit and Final Approval  Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

June 12J 2013

Page 6of6

 

 

 

 

The foregoing Resolution was made and moved by Bruce Bond and seconded by William Young and carried as follows: Kevin Garvey, aye; Bruce Bond,

aye; Robert Dell, absent; Michael Mandel, aye; John Foody, aye;

Jeffrey Golda, aye; and William Young, aye.

 

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

Dated: June 12, 2013          ()     £ /}  ~(i-L   ~

Town of Orangetown  Plann~~~

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State  Environmental     Quality   Review   Regulations

NEGATIVE  DECLARATION

Notice  of Determination    of Non-Significance

 

 

PB #13-22:  School   of Rock  Conditional    Use Permit:   Granted   Conditional

Use Permit  and  Final  Approval   Subject   to Conditions/  Neg. Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

June  12, 2013

 

 

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:  School   of Rock  Conditional    Use Permit

 

 

SEQR STATUS:       Type  I                                          Unlisted   XXXXXX

CONDITIONED   NEGATIVE   DECLARATION:    Yes                  No   XXXXXX

 

DESCRIPTION OF ACTION:  School   of Rock  Conditional    Use Permit: Granted   Conditional    Use Permit  and  Final Approval  Subject   to Conditions/ Neg.  Dec.

 

LOCATION:  The site is located  at 225  East Erie Street,  Blauvelt, Town of Orangetown,  Rockland  County,  New York, and as shown on the Orangetown  Tax Map as Section  70.14,  Block 4, Lot 33 in the CS 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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TO: FROM:

Jasko  Lucin, 37-19 55th Street, Woodside,  New York

Orangetown   Planning  Board

 

 

RE:     7 Welles  Lane Site Plan: The application  of Josko  Lucin, owner, for Prepreliminary/   Preliminary/  Final Site Plan Review,  at a site in the Critical Environmental  Area, to be known as “7 Welles  Lane Site Plan”, and as lot 25.2 in the 258 South Boulevard  Subdivision,   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 7 Welles  Lane,  Upper Grandview,  Town  of Orangetown,  Rockland County,  New York and as shown  on the Orangetown  Tax Map as Section  66.17, Block  1, Lot 25.2 in the R-22 zoning  district.

 

Heard by the Planning  Board of the Town  of Orangetown  at a meeting  held Wednesday, June ·12, 2013,  at which time the Board made the following determinations:

 

Jasko  Lucin appeared  and testified.

The Board received the following  communications:

1. A Project Review Report dated June 5, 2013.
2. An interdepartmental memorandum  from the Office of Building,  Zoning, Planning  Administration   and Enforcement,  Town  of Orangetown,  signed by John Giardiello,  P.E., Director,  dated June  12, 2013.
3. An Interdepartmental memorandum  from the Department  of Environmental Management  and Engineering  (DEME),  Town  of Orangetown,  signed  by Bruce Peters,  P.E., dated June 6, 2013.
4. Letters from Brooker Engineering, signed  by Kenneth  DeGennaro,  P.E., dated

June 6 &12, 2013.

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

Vanderbeek,   Commissioner,   dated June 4, 2013.

6. Letters from Rockland County Department  of Health,  signed  by Scott McKane, P.E., Senior  Public Health Engineer,  dated April 18 & May 15, 2013.
7. A letter from the Rockland County Sewer  District, signed  by Joseph  LaFiandra, Engineer  11,  dated June 4,  2013.
8. A letter from the New York State Department of Transportation,   signed by

Mary Jo Russo, P.E., dated June  10, 2013.

9. Letters from the New York State Department of Environmental  Conservation,

signed  by Janet  Swentusky,  dated  May 14, 2013.

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

Daniel Sullivan,  Chairman,  dated  May 15, 2013.

11. A Short Environmental Assessment  Form signed  by Jasko  l.ucin, dated

May 10, 2013.

 

 

 

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12. Site Plan prepared by Highland Associates,  signed  and sealed  by

Paul Gdanski,  P.E. dated May 9, 2013.

13. ACABOR #13-25, Approved  Subject  to Conditions,  dated June 6, 2013.
14. Copy of Building Permit Referral.
15. An email to the Planning Board from Rosemarie Monaco  and William  Hines dated  June 12, 2013, with attachments.

 

The Board reviewed  the plan.

 

 

Public  Comment:

Fred Mundt, 252 South  Boulevard,  Upper Grandview;  raised concerns  regarding the impact of the development  on his property.

 

A motion was made to close the Public Hearing portion of the meeting  by Bruce Bond seconded  by John  Foody and carried as follows:  Bruce Bond, aye, Kevin Garvey,  aye, Michael  Mandel,  aye, William  Young,  aye, John  Foody, aye, Robert Dell, absent and Jeffrey  Golda, 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  Boar1d will have any significant  involvement  in the review process,  pursuant  to Sectio ·                           617.6 of

SEQ RA.

 

 

On motion  by Bruce Bond and seconded  by Jeffrey  Golda and carried  as follows: Kevin Garvey,  aye; Bruce Bond, aye; William  Young,  aye; Robert Dell, absent; John  Foody, aye; Michael  Mandel,  aye and Jeffrey  Golda, aye; the Board declared  itself Lead Agency.

 

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

 

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

applicant,  the applicant’s  professional  representatives,   namely  by Paul Gdanski, P.E., and having heard from the following  offices,  officials  and/or  Departments:

 

—      —-·                  —    ·–          .

 

 

PB #13-26: 7 Welles Lane Site Plan- 28 South Boulevard

Subdivision –  Lot #25.2 – Final Site Plan Approval Subject to Conditions/ Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

June 12, 2013

Page 3of9

 

 

(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 #1, New York State Department  of Transportation   and

New York State Department  of Environmental   Conservation,   and having reviewed  a Plan by prepared  by Paul Gdanski,  P.E., a summary  of the reasons supporting  this determination   are, and the Planning  Board finds that the proposed  action:

-Will not significantly  affect  existing air quality  or noise levels;

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

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

-Will not significantly  affect existing traffic  levels;

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

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

-Will not have a significant  adverse  impact on the environmental   characteristics of our critical environmental   area or environmentally   sensitive  sites or features;

-Will not have an impairment  of the character  or quality of important  historical, archeological  or architectural  resources;  -Will not have an impairment  of the character  or quality  of important  aesthetic  resources;

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

-Will not remove  or destroy  large quantities  of vegetation  or fauna;

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

-Will not have a significant  adverse  impact to natural  resources;

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

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

-Will not create a hazard to human health; and

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

 

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

 

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

 

1. The applicant shall comply with all pertinent and applicable  conditions  of

ACABOR  #13-25, Approved  Subject to Conditions,  dated June 6, 2013.

 

2. 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”.

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PB #13-26:  7 Welles  Lane Site Plan- 28 South  Boulevard

Subdivision –  Lot #25.2 –  Final Site Plan Approval Subject to Conditions/ Neg. Dec.

 

Town  of Orangetowrn Planning Board Decision

June  12, 2013

Page 4of9

 

 

 

3. The following note shall be placed on the Site Plan: “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” .

 

4. The driveway shall have a maximum grade not to exceed 10%.

 

5. The Site Plan shall refer to the Filed Subdivision Plat for the site, “258 South

Boulevard Subdivision Plan”.

 

6. A Soil and Erosion Control Plan shall be submitted.

 

7. The slope of the driveway shall be shown on the plan.

 

8. All and any significant trees to be removed or saved shall be shown on the

Site Plan.

 

9. A Zoning Bulk Table shall be provided on the Site Plan.

 

10. The Short Environmental Assessment appears to be in order.

 

11. A level spreader, or other acceptable devices, shall be added to the end of the proposed drywell overflow.

 

12. Drainage calculations, prepared and sealed by a New York State Licensed

Professional Engineer, shall be submitted to DEME for review and approval.

 

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

 

14. The proposed sanitary sewer house connection, with connection detail, shall be shown on the plan, including all inverts.

 

15. All proposed grading shall be shown on the Site Plans.
16. Soil erosion and sediment control plans and details shall be added to the plans.

 

 

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PB #13-26:  7 Welles  Lane Site Plan- 28 South  Boulevard

Subdivision –  Lot #25.2 –  Final Site Plan Approval Subject to Conditions/ Neg. Dec.

 

Town  of Orangetown Planning Board  Decision

June  12, 2013

Page 5of9

 

 

 

17. The Drainage Consultant  to the Planning  Board,  Brooker  Engineering,  held that the application  sufficiently  demonstrates  that potential  adverse  impacts with respect  to drainage  can be mitigated  and therefore  recommended  that the Wells Lane Site Plan be approved  for drainage  subject  to the following  Project Comments.

1) The grading  plan shall add a swale in the front  yard showing that stormwater  runoff  is directed  away from the house.  The swale shall be labeled for ease of construction  inspection.

 

2) Add spot grades  along the new driveway  drop  curb that maintains  the flow of runoff along the road gutterline  and prevents  runoff from the road from entering  the driveway.   The location of the driveway  shall  be shown clearly  on the Site Plan.

 

3) The drainage  easements  on the property for the road drainage  system and storm drainage  outfall shall be added to the Site Plan.

 

4) The drywells  shall be located  at least 10′-8″ away from  each other (the radius of one drywell plus crushed  stone envelope).   In order to be consistent  with the soil percolation  rates that are used in the calculations, the drywells  shall be dug in separate  excavations.   A note on the plan

shall be added indicating  this.  A note shall be added to the plan indicating

that the assumed  soil percolation  rate of one inch per 30 minutes  shall be field verified  prior to construction.

 

5) The drywell detail shows the cover at grade which  is appropriate.   To help clarify this during  construction  and prevent the cover from  being buried, add a label to the detail that states “Drywell  cover to remain at finished  grade”.

 

6) The footing  drain for the basement  has been added to the Site Plan as requested;  however,  add the invert of the footing  drain at the house.  The footing  drain shall not receive  groundwater  infiltration  from the seepage pits.  The seepage  pits shall be relocated  to at least ten feet from the foundation;  add a dimension  on the plan indication  this separation.

 

7) An additional  structure  shall be added  before the drywells  that has a sump and hood over the outlet  pipe to prevent  leaves and debris from the trench  drain from entering  the drywells.

 

 

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June 12, 2013

Page 6of9

 

 

 

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

1) Prior to the start of construction or grading, a Soil Erosion and

Sediment Control Plan shall be developed and in place for the entire site

that meets the  NYS Guldellnes for Urban Erosion and Sediment Control.

 

2) There shall be no net increase in storm water runoff from the site.

 

3) As indicated in the April 18, 2013 letter from the Rockland County Department of Health, an application must be made for review of the Stormwater Management System for compliance with the County Mosquito Code.

 

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

Edition”, that certifies their ability to serve the proposed project while

meeting the criteria contained within the Recommended Standards for Water Works. These standards are adopted in their entirety in 10 NYCRR, Subpart 5-1, the New York State regulations governing public water systems. Both the application and supporting engineer’s report must be signed and stamped by a NYS licensed professional engineer and shall be accompanied by a completed NYS Department of Health Form 348, which must be signed by the public water supplier.

 

19. 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.

 

20. 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.

 

21. The New York State Department of Transportation reviewed the plans and found that the project will have no significant impact on the state transportation system and have no further comments.

 

 

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June 12~ 2013

Page 7of9

 

 

 

22. The New York State Department of Environmental Conservation reviewed the plans and there are no water bodies that appear on its regulatory maps, the site is not within a New York State Freshwater Wetlands, and no records of sensitive resources were identified. The agency reviewed the site for Cultural Resources and found that the project site is located within an area considered to be sensitive with regard to archaeological resources.

 

23. 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 Sewer District #1

–  Rockland County Department of Health

–  New York State Department of Transportation

–  New York State Department of Environmental Conservation

 

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

Preparation of Site Plans prior to signing the final plans.

 

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

 

26. 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.

 

27. 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. c. Trees designated to be preserved shall be marked conspicuously on all

sides at a 5 to 10 foot height.

1. 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.

 

 

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Neg. Dec.

 

 

Town  of Orangetown Planning Board  Decision

June  12, 2013

Page 8of9

 

 

Continuation of Condition #27 ….

 

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.

 

28. 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.

 

29. 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 contra! measures. The applicant shall contact DEME at least 48 hours in advance for an inspection.

 

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

 

31. lf 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

 

 

 

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Neg. Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

June  12, 2013

Page 9 of 9

 

Continuation of Condition #31 ….

 

recommendations to correct the condition(s), or order a modification thereof.  ln 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).

 

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

 

33. 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

 

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

 

The foregoing Resolution was made and moved by Bruce Bond seconded by William Young and carried as follows: Bruce Bond, aye; Michael Mandel, nay; William Young, aye; Robert Dell, absent; John Foody, aye; Jeffrey Golda, aye, and Kevin Garvey, 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 12, 2013

Town of Orangetown  Planning

attachment

 

State Environmental Quality Review  Regulations

NEGATIVE DECLARATION

Notice of Determination of Non-Significance

 

 

PB #13-27:  7 Welles  Lane Site Plan

(258 South  Boulevard Subdivision – Lot #2) Town of Orangetown Planning Board  Decision June 12, 2013

 

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: 7 Welles  Lane Site Plan (258 South  Boulevard

Subdivision – Lot #2)

SEQR STATUS:     Type I

Unlisted XXXXXX CONDITIONED NEGATIVE DECLARATION: Yes —

No  XXXXXX

 

DESCRIPTION OF ACTION:  Site Plan Review –  Critical Environmental Area LOCATION: The site is located at 7 Welles Lane in the Critical Environmental Area, Town of Orangetown, Rockland County, New York and as shown on the Orangetown Tax Map as Section 66.17, Block 1, Lot 25.2 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.

lf 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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June 12, 2013

Page 1  of 12

 

TO:

 

 

FROM:

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

Orangetown   Planning  Board

 

 

RE:     The  Pointe at lake  Tappan  Site Plan: The application  of Pearl River Veterans,  LLC, owner,  (Donald  Brenner,  attorney  for the applicant),  for an Amendment  to the Final Site Plan, at a site to be known as “The Pointe at Lake Tappan  Site Plan Amendment”, 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 Veterans  Memorial  Drive, East of the existing  Blue Hill Office Complex  and West of Blue Hill South  Drive, Pearl River, Town of Orangetown,   Rockland  County,  New York. Tax Map: Section  73.10, Block  1, Lots

4, 5, & 6 (partial);  OP & PAC zoning  districts.

 

Heard by the Planning  Board of the Town  of Orangetown  at a meeting  held Wednesday,   June 12, 2013 at which time the Board made the following determinations:

 

 

Donald  Brenner  and James  Ryan appeared  and testified. The Board received the following  communications:

1. Project Review Committee Report, dated May 15, 2013.
2. Interdepartmental memorandums   from the Office of Building, Zoning,  Planning

Administration   and Enforcement,  Town  of Orangetown,  signed  by

John Giardiello,  P.E., Director,  dated  November  14, 2012, June  12 & May 22, 2013.

3. Interdepartmental memorandums  from the Department  of Environmental

Management  and Engineering  (DEME),  Town of Orangetown,  signed by

Bruce Peters,  P.E., dated  February  12 & May 17, 2013.

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

Thomas  B. Vanderbeek,   P.E., Commissioner  of Planning,  dated

May 14, 2013.

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

Scott McKane.  P.E., Senior  Public Health  Engineer,  dated April  18 & 19, 2013.

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

Sonny  Lin, P. E., dated  May 29, 2013.

7. An Interdepartmental memorandum  from the Bureau of Fire Prevention, Town  of Orangetown,  signed  by Michael  Bettmann,  Chief Fire Inspector,  dated May 13, 2013.
8. A letter from the New York State Department of Transportation,   signed  by

Mary Jo Russo,  P.E., Rockland  County  Pennit  Engineer,  dated  May 8, 2013.

 

 

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June  12, 2013

Page 2of12

 

9. Copies of prior Board Decisions:

• PB #12- 50: The Pointe at Lake Tappan  Site Plan – Preliminary  Site Plan

Approval  Subject to Conditions;  Reaffirmation  of SEQRA

• ACABOR #13-05, Approved Subject to Conditions,  dated

March  7, 2013

• PB #07-56, Final Site Plan/ Subdivision  Approval  Subject to Conditions,  dated

October  10, 2007

• ACABOR #07-47,  Approved  Subject to Conditions,  dated July 17, 2007
• PB #07-28, Preliminary  Site/Subdivision   Plan Approval  Subject to Conditions/ Neg. Dec., dated July 11, 2007.

 

10. Site Plans prepared by John Meyer Consulting,  unless  noted, plans dated

September  21, 2012,  revised April 10, 2013: Drawing SP-1:  Cover Sheet

Drawing SP-2:  Site Overall  Existing  Conditions  Plan

Drawing  SP-3: Site Existing  Conditions  Plan

Drawing  SP-4: Site Layout Plan Drawing  SP-5: Site Grading  Plan Drawing SP-6:  Site Utilities  Plan

Drawing SP-7:  Site Sediment  and Erosion Control  Plan

Drawing  SP-8: Site Landscaping  Plan

Drawing  SP-8A: Typical  Residential  Unit Landscaping  Plan, dated April  10, 2013

Drawing  SP-9: Water  Main Profiles,  dated September  21, 2012

Drawing Drawing	SP-10: SP-11:	Sanitary  Sewer  Profile, dated  September  21, 2012 Stormwater  Sewer  Profile, dated January  28, 2013
Drawing	SP-12:	Stormwater  Sewer  Profile, dated  January  28, 2013
Drawing Drawing Drawing Drawing Drawing Drawing Drawing	SP-13: SP-14: SP-15: SP-16: SP-17: SP-18: SP-19:	Road Profiles,  dated  September  21, 2012 Construction  Details, dated  September  21, 2012 Construction  Details,  dated September  21, 2012 Construction   Details, dated September  21, 2012 Construction   Details, dated September  21, 2012 Construction  Detail, dated January  28, 2013s Construction  Detail, dated January  28, 2013s
Drawing Drawing Drawing	SP-20: SP-21: SP-22:	Easement  Plan, dated  January  28, 2013 Site Fire Truck Access  Plan, dated January  28, 2013 Site Lighting  Plan, dated September  21, 2012

 

11. Architectural Elevation  prepared  by Barton  Partners;

1   of 21: Materials  and Colors to be used on building  elevations,  dated

February  2, 2013

 

2 of 21: Site Lighting  Fixtures, dated  February  7, 201

 

3 of 21: Site Plan Rendering,  dated April 2, 2013

 

 

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PB #13-20: The Pointe at Lake Tappan Site Plan Amendment: Final Site

Plan Approval  Subject to Conditions

 

 

Town of Orangetown  Planning  Board Decision

June 12, 2013

Page 3of12

 

 

 

• Building Plan -14  Units, dated April  2, 2013:

 

4 of 21: First Floor Plan

 

5 of 21: Second  Floor Plan

6 of 21: Elevations

 

• Building Plan – 18 Units, dated April 3, 2013:

 

7 of 21: Garage  Floor Plan

 

8 of 21 First Floor Plan

 

9 of 21: Second  Floor Plan

 

10 of 21 :    Elevations

 

• Building Plan  –  20 Units, dated April 2, 2013:

 

11  of 21: First Floor Plan

 

12 of 21: Second  Floor Plan

 

13 of 21: Elevations

 

• Building Plan – 26 Units, dated April 2, 2013, unless noted:

 

14 of 21: Garage  Floor Plan

 

15 of 21: First Floor Plan

 

16 of 21 :  Second  Floor Plan

 

17 of 21: Elevations,  dated  February  7, 2013

 

• Clubhouse

 

18 of 21: Floor Plan, dated April 2, 2013

 

19 of 21: Elevations,  dated  February  7, 2013

 

• Seth House, dated April 2, 2013

 

20 of 21: Floor Plan

 

21 of 21: Elevations

 

There  being no one to be heard from the  Public, a motion was made to close the Public Hearing portion of the meeting  by William  Young  and second  by Michael Mandel  and carried as follows:  Kevin Garvey,  aye; Bruce Bond, aye; William Young,  aye; Robert  Dell, absent;  John Foody, aye; Jeffrey  Golda, aye and Michael  Mandel,  aye.

 

The Board  reviewed the plains.

 

 

 

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PB #13-20:  The Pointe at Lake Tappan  Site Plan Amendment:   Final Site

Plan Approval Subject to Conditions

 

 

Town  of Orangetown   Planning  Board  Decision

June  12, 2013

Page 4of12

 

 

 

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

 

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 ll 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 ll Regulations”.

 

3. A note shall be placed on the Site Plan, stating that on July 17, 2012 the Town of Orangetown Town Board passed Resolution Number 337 approving the revised Site Plan allowing 160 units to be built as a rental complex under the Planned Adult Community Zone (PAC).

 

4. Provide the minimum building setback of 25 feet from the roadway for

Building #4 on the Site Plan and label as such.

 

5. Updated sanitary calculations with a copy of the original calculations for the site and pumping station, shall be prepared and sealed by a New York State Licensed Professional Engineer, and shall be submitted to DEME for review and approval.

 

6. The sanitary sewer pumping station design shall be updated, if necessary. The applicant’s engineer is reminded that the previously supplied sanitary calculations included proposed flows from the neighboring commercial property, i.e, the proposed station was designed to handle the sanitary flow from that property. Therefore, an increase in flow from this site may warrant a modification of increase in capacity for the proposed station. If previous design is adequate, the applicant’s engineer will explain in the sanitary calculations. Also, the

sanitary pumping station design shall be resubmitted to ensure compliance with

revised layout

 

7. Sanitary sewer easements shall cover the width of the road (24 feet) and at least 20 feet wide off road. Drawing #20 shall be labeled to reflect that the Town is to own the pumping station property in fee.

 

 

 

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Town  of Orangetown    Planning   Board  Decision

June  12, 2013

Page 5of12

 

 

8. Profiles for the proposed sanitary and storm sewers, drawing  #1 O,  shall show the building connections on the plans.

 

9. Detailed information regarding the proposed storage pond/ basin and outlet structure shall be supplied, (i.e. storage capacity at certain elevations, berm reinforcing, etc.).

 

10. Because the stormwater system is to be private, a 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.

 

11. The water quality volume, described in the SWPPP, shall be represented on the detention basin detail, drawing SP-17.

 

12. The SWPPP calls for 12 inch and 8 inch orifices in the outlet structure and drawing SP-15 indicates 12 inch and 6 inch orifices. This shall be corrected.

 

13. Additional erosion control measures shall be shown along the toe of the proposed slope, along Blue Hill Road South.

 

14. On Drawing SP-22: Site Lighting Plan, dated September 21, 2012, Shields shall be placed on the lighting fixtures.

 

15. 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. ln addition, the comments and concerns raised in the November 13, 202 letter must be met. As indicated in this letter, the land-swap and road abandonment agreement reached between the County of Rockland and the applicant must be met and an executable agreement finalized before any work permit can be issued for this project.

2)  An updated review must be completed by the County of Rockland Department of Health, and all required permits obtained. As indicated in the April 19, 2013 letter from the Rockland County Department of Health,

since the layout is significantly different than previously reviewed and

approved by the Health Department, a full set of engineering plans must

be reviewed for the sewer main extension, water main extension and the mosquito breeding suppression plan.

3)  The applicant must meet with the Rockland County Department of Public

Transportation to determine the best location for the pick-up of residents

at the complex by T.R.l.P.S., a paratransit system that serves senior and handicapped residents in Rockland County.  If it is anticipated that the buses will pick-up the residents internally, then a review of the layout of

the road system must be done to ensure that turning radii are sufficient for the buses. Traffic calming devices, such as speed bumps are not recommended. If it is determined that the residents will be picked -up outside of the complex, then a location for the pick-up and drop-off of the

resid.entsm.ustbe specified, handicapped accessibl’l·d3~~~l)afe access to this location provided.                     3!JH3.0 S)Hf3

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Town  of Orangetown Plannfing Board Decision

June  12, 2013

Page 6of12

 

Continuation of Condition #15 ….

 

 

 

4)  An updated review must be completed by the County of Rockland Office of Fire and Emergency Services and any concerns addressed.

5)  Any public sewer mains requiring extensions within a right of way or an easement shall be reviewed and approved by the Rockland County Health Department prior to construction.

6)  A review shall be completed by both the New York State Department of

Environmental Conservation (NYSDEC) and the U.S. Army Corps of Engineers (ACOE), and all required permits must be obtained. The permit regarding the wetlands will be a joint permit of the NYSDEC and ACOE.

No Site Plan approval shall be granted until the Town has received documentation from these agencies regarding wetland boundary determinations and the restrictions that will apply to these areas and to their respective buffer area.

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

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

Edition,”  that certifies their ability to serve the proposed project while meeting the criteria contained within the Recommended Standards for Water Works. These standards are adopted in their entirety in 10 NYCRR, Subpart 5-1, and the New York State regulations governing public water

systems. Both the application and supporting engineer’s report must be signed and stamped by a NYS licensed professional engineer and shall be accompanied by a completed NYS Department of Health Form 348, which must be signed by the public water supplier.

9)  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.

10) There shall be no net increase iii the peak rate of discharge from the site

at all design points.

11) Details regarding the proposed uses in the recreation center shall be provided. Will there be a meeting room where parties can be held.  lf so, what is the maximum capacity.  Is the proposed parking provided for the center and pool adequate for all uses. These questions can be resolved with more detailed information

 

 

 

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Town  of Orangetown    Planning   Board  Decision

June  12, 2013

Page 7of12

 

 

 

16. The Rockland County Department of Highway reviewed the submitted plans and offers the following comments for consideration:

1) There was a land-swap and road abandonment agreement in 2007 that the developer needs to construct a pre-fabricated building on a

property belongs to the Rockland County Highway Department previously owned by the Town of Orangetown next to Hunt Road in exchange for County Road 23A Blue Hill Road West   This issue has been resolved.

2) The limit of disturbance at the proposed entry shall be expanded to

include the catch basins and to the edge of pavement.

3) In view of the proposed force main under Veterans Memorial Drive, add

a note on the drawing to indicate that horizontal directional drilling will be used for connection across the County Highway #20.

4) A Rockland County Highway Department Work Permit will be required for the proposed development and must be obtained prior to start of any

construction on site.

5) A separate Rockland County Highway Department Road Opening

Permit will be required for the utility and sewer work to be performed

within County roads.

 

17. The Rockland County Department of Health (RCDOH) reviewed the revised plans and found that since the layout is significantly different than those previously approved by RCDOH, fully engineered plans along with revised applications and review fees for the sewer main extension, water main extension and the mosquito breeding suppression plan are to be submitted to the RCDOH.

 

18. The Town of Orangetown Fire Prevention Bureau had the following comments:

1) All roadways, turnaround, etc… must provide a property turning radius to

accommodate a 55 foot long piece of fire apparatus.

2)  All roadways must be a minimum of 20 feet in width with vertical clearance

of 13 feet 6 inches.  Including access roads to pump stations, etc.. ,  any

road with a fire hydrant must be 26 feet wide.

3)  All dead ends in excess of 150 feet in length must provide a turnaround

area; the design of the turnaround must be in compliance with the New

York State Fire Code. These areas are located on the North side of

Building #5, and on the South East side of Building #1.

4)  Buildings, culverts, elevated surfaces shall comply with the following:

Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO Standard Specification for Highway Bridges. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus.  Vehicle load limits shall be posted at both entrances to bridges when required by the Fire Inspector. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers,

approved signs or both shall be installed and maintained when required by

the Fire Inspector. These must be shown on the Site Plan.

 

PB #13-20: The Pointe at Lake Tappan Site Plan Amendment:  Final Site

Plan Approval  Subject  to Conditions

 

Town of Orangetown  Planning  Board Decision

June 12, 2013

Page 8of12

 

Continuation of Condition #18 …

 

 

5)  All proposed fire lanes are to be shown on the Site Plan. Any fire lanes less than 26 feet wide must have fire lane signs posted on both sides.

Any fire lane over 26 feet wide must be posted on one side as required by the Fire Inspector. The Site Plan must show striping and signage, all

areas will be designated “No Parking, No Standing Fire Lane” other than designated parking spaces.

6)  The use of grass crete has proven to be ineffective due to lack of maintenance, i.e. snowplowing, mud, etc… concrete or asphalt would be acceptable.  In addition the emergency access road from Veterans Memorial Drive is too narrow at 18 feet and must be widened to 20 feet. The Site Plan shows two different road widths. Please clarify.

7)  A plan showing all building heights, number of floors, construction type,

etc… must be submitted as this may affect hydrant distances, road widths;

sprinkler connections, etc.

8)  Provide a Site Plan for Fire Service Features: Turning radius as required, fire hydrants, turnarounds, road widths throughout, include all items noted above.  Plan must show access through entire complex, including roadways behind the buildings, and access to the clubhouse lot.

9)  All fire hydrants must be relocated on the Site Plan once a plan showing building heights and distances is provided.  Provide an additional hydrant between Buildings 7 and 8, and show it on the Site Plan.

10) All gates must have a minimum width of 20 feet.

11) The Site Plan needs to show where fire department sprinkler connections are located. Connections need to be accessible at all times.  Five inch Storz connections are required.

 

19. The New York State Department of Transportation reviewed the application and site plan and do not have any comments at this time but will continue to review future submittals.

 

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

Preparation of Site Plans prior to signing the final plans.

 

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

 

22. The applicant shall comply with applicable items in Town of Orangetown

Town Board Resolutions:

• Town Board Resolutions #.770, #771 & #772, dated December 5, 2005,
• Town Board Resolution #311, dated June 26, 2012, and
• Town Board Resolutions #333, #334, #335, #336 & #337, dated July 17, 2012.

 

 

23. The applicant shall comply with all applicable  conditions  of previous  Board

Decisions:

• PB #12- 50: The Pointe at Lake Tappan  Site Plan – Preliminary  Site Plan

Approval  Subject to Conditions;  Reaffirmation  of SEQRA

• ACABOR #13-05, Approved  Subject to Conditions,  dated

March 7, 2013

• PB #07-56,  Final Site Plan/ Subdivision  Approval  Subject to Conditions,  dated

October  10, 2007

• A CAB OR #07-4 7, Approved Subject to Conditions, dated July 17, 2007
• PB #07-28, Preliminary  Site/Subdivision   Plan Approval  Subject to Conditions/ Neg. Dec., dated July 11, 2007.

 

24. 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.

 

25. 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. c. Trees  designated  to be preserved  shall be marked conspicuously   on all

sides at a 5 to 10 foot  height.

1. 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.  lf 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.          c

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26. 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.

 

27. 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.

 

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

 

29. 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  disaqreernent  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).

 

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

 

31. 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

 

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

 

Overrides

The  Board made a motion to override  Condition  # 7 and #8 of the

May 14, 2013  letter from Rockland  County  Department  of Planning,  signed  by

Thomas  B. Vanderbeek,  Commissioner   of Planning, for the following  reasons:

 

Condition  #7} The Borough  of River Vale,  New Jersey is one of the reasons this proposal was referred to this Department  for review.  The  municipal  boundary  is

 

 

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along the southern  property  boundary,  directly  adjacent  to the site.  New York State General  Municipal  Law states that the purposes  of Section  239-1, 239-m and 239-n of the law shall be to bring pertinent  intercommunity  and countywide planning,  zoning,  site plan and subdivision  considerations  to the attention of neighboring municipalities and agencies having jurisdiction.  Such review may include inter-community and county -wide considerations in respect to the compatibility of various land uses with one another; traffic generating

characteristics of various land uses in relation to the effect of such traffic on other

land uses and to the adequacy of existing and proposed thoroughfare facilities; and the protection of community character as regards predominate land uses, population density, and the relation between residential and nonresidential area. In addition, Section 239-nn was recently enacted to encourage the coordination of land use development and regulation among adjacent municipalities, so that, as a result, development occurs in a manner that is supportive of the goals and objections of the general area. The Borough of River Vale, New Jersey, must be given the opportunity to review the proposal and its impact on community character, traffic, water quantity and quality, drainage stormwater runoff and sanitary sewer service. The areas of countywide concern noted above that directly impact the Borough of River Vale, New Jersey, must be considered and satisfactorily addressed, as well as any additional concerns about the proposal.

 

The Board held that since the Borough of River Vale was in the State of New Jersey,  review was not required by law.  Orangetown extended review of the project only as a courtesy as a neighboring municipality. Since the Borough did not respond to the Town’s request for review, the Board held that it would not consider further comments by River Vale for this project.

 

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

 

Condition  #8.The current proposal indicates 19 acres will be preserved as green space.  Much of this land contains federal and state wetlands and their buffer area. A conservation easement must be provided for this

green space so as to ensure protection of this area in its natural state. This area must be clearly marked in the field prior to any grading or construction on site to avoid any encroachments into this area. In addition, the conservation easement boundaries shall be recorded in the deed, and monumented, so that the property owner is aware of its

existence and restrictions.  It must be stated that no grading, structures, or other manmade features are to be placed within this easement area.

 

 

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The Board held that the applicant shall submit a Conservation Easement Agreement; however, the agreement would allow the developer to install and maintain utilities within the easement for future development

 

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

 

 

 

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

 

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 12, 2013

Town  of Orangetown Planning

 

 

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