Meeting Overview

Meeting of June 25, 2014

Town of Orangetown  Planning  Board

 

MEMBERS PRESENT: Kevin Garvey,  Chairman;

John  Foody;  Michael  Mandel;  Bruce Bond; William  Young  and Thomas  Warren

 

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:

 

Pfizer Subdivision  Plan

Final Subdivision  Review

68.08 / 1  / 1; LI & LIO zoning districts

 

Final Approval

Subject to Conditions

PB#14-29

 

 

Skae Training  Conditional  Use Permit                                            PB #14 – 30

Conditional  Use Permit Review                 Conditional  Use Permit Prepreliminary/   Preliminary/  Final             Granted Subject to Conditions and SEQRA  Review                                    and Final Approval

76.08 / 1  I 3 & 4; LIO zoning district          Subject to Conditions/  Neg. Dec.

 

Continued  Item from May 28, 2014 Meeting:

Orangetown  Shopping  Center Site Plan                                        PB #14 – 25

Prepreliminary/   Preliminary  Site Plan	Preliminary  Site Plan
and SEQRA  Review	Approval  Subject
74.1 O  / 1  I 67; CS zoning  district	to Conditions/  Neg. Dec.
Hillside  Commercial  Park Site Plan		PB #14 – 27
Discussion 68.11 / 3 / 39 & 40; LI zoning district	Discussion  Continued to July gth   Meeting

 

Other Business: The Board received  a copy of the Walgreen’s  Traffic Study prepared  by the Board’s  Consultant,  Dr. Collins of Maser Engineering,  dated June 24, 2014. The Board requested  that Dr. Collins  present the findings  at the applicant’s  next Board appearance.

 

A motion was made and moved to go into Executive  Session  for Settlement Discussions  with Route 304, LLC, Index No. 1322-2013 at 8:11 p.m. by Bruce Bond and seconded  by William  Young  and carried as follows:  William

Young,  aye; Kevin Garvey,  aye, Thomas  Warren,  aye, Robert Dell, absent;  Bruce

Bond, aye; Michael  Mandel,  recused  and John Foody, aye.

 

A motion was made and moved to close the Executive  Session  8:30 p.m. by

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

 

A motion was made and moved to go into Executive  Session for Settlement Discussions  with Route 304, LLC, Index No. 1322-2013 at 9:25 p.m. by Bruce Bond and seconded  by John  Foody and carried as follows:

William  Young,  aye; Kevin Garvey,  aye, Thomas  Warren,  aye, Robert Dell, absent;  Bruce Bond, aye; Michael  Mandel,  recused  and John Foody, aye.

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Meeting of June 25, 2014

Town of Orangetown  Planning  Board

 

A motion was made and moved to close the Executive Session at 9:37 p.m. by William Young and seconded by Thomas Warren and carried as follows: William Young, aye; Kevin Garvey, aye, Thomas Warren, aye, Robert Dell, absent; Bruce Bond, aye; Michael Mandel, recused and John Foody, aye.

 

 

The decisions of the June 11, 2014 Planning Board Meeting was reviewed, edited, and approved.  The motion for adoption was made and moved by Thomas Warren and seconded by William Young and carried as follows: William Young, aye; Kevin Garvey, abstain, Thomas Warren, aye, Robert Dell, absent; Bruce Bond, aye; Michael Mandel, absent and John Foody, 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 William Young and seconded by

Thomas Warren and agreed to by all in attendance. The meeting was adjourned

at 9:45 p.m. The next Planning Board meeting is scheduled for July 9, 2014.

 

DATED: June 25, 2014

Cheryl Coopersmith

Chief Clerk Boards and Commission

 

 

 

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PB #14-29: Pfizer Subdivision  –  Final Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

June 25, 2014

Page 1of7

 

TO:

 

 

FROM:

Donn McMullen,  401 Middletown  Road, Pearl River, New York  10965

Orangetown  Planning  Board

 

 

RE:                 Pfizer Subdivision  Plan: The application  of Pfizer, Inc., applicant,  for American  Cyanamid  Co. and Pfizer Inc. –  HANY Talbert,  owners,  for Final Subdivision  Plan Review,  at a site known as “Pfizer  Subdivision  Plan”, in accordance  with Article  16 of the Town  Law of the State of New York, the Land Development  Regulations  of the Town of Orangetown,  Chapter  21 of the Code of the Town of Orangetown.  The site is located  at 401 Middletown  Road, Pearl

River, Town of Orangetown,  Rockland  County,  New York, and as shown on the Orangetown  Tax Map as Section  68.01,  Block 1, Lot 1   in the LI & LIO zoning districts.

 

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

Wednesday, June 25, 2014, the Board made the following  determinations:

 

 

Donn McMullen,  Brian Quinn and Kristen Solloway  appeared  and testified for the applicant.

The Board received the following  communications:

1. A Project Review Committee Report dated June 18, 2014.
2. An interdepartmental memorandum  from the Office of Building,  Zoning, Planning  Administration   and Enforcement,  Town of Orangetown,  signed by John Giardiello,  P.E., Director,  dated June 25, 2014.
3. An Interdepartmental memorandum  from the Department  of Environmental Management  and Engineering  (DEME),  Town of Orangetown,  signed by Bruce Peters,  P.E., June 19, 2014.
4. A letter from the Rockland County Department  of Planning,  signed by

Douglas  Schuetz,  Acting  Commissioner  of Planning,  dated June 18, 2014.

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

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

May 27, 2014.

6. Copies of letters to John Giardiello, Director, Town of Orangetown Office of Building,  Zoning,  Planning  Administration   and Enforcement,  from  Fuss & O’Neill, signed  by Kristen Solloway,  P.E., Associate  dated  May 21 and June 10, 2014.
7. A copy of a letter to the Town of Orangetown Bureau of Fire Prevention,  from

Fuss & O’Neill,  signed by Kristen Solloway,  P.E., Associate,  dated May 21, 2014.

8. A copy of a letter to the Town of Orangetown Department of Environmental Management  and Engineering,  from  Fuss & O’Neill,  signed  by Kristen Solloway, P.E., Associate,  dated  May 21, 2014.
9. A copy of a letter to the County of Rockland Department of Planning, from

Fuss & O’Neill,  signed  by Kristen Solloway,  P.E., Associate,  dated May 21, 2014.

10. A copy of a letter to the County of Rockland Drainage  Agency,  from Fuss &

O’Neill,  signed  by Kristen  Solloway,  P.E., Associate,  dated  May 21, 2014.

11. Copies of the following Board Decisions: ZBA #14-25,  Floor Area Ratio, Rear Yard and Side Yard Variances  Approved,  dated April  16, 2014 and PB #14-12, Preliminary  Subdivision  Plan Approval  Subject  to Conditions/  Neg. Dec., dated February  26, 2014.

 

 

12. Subdivision Plans, prepared by Fuss & O’Neill,  dated January  2014, last revision dated  May 21, 2014:

Lot 1   Subdivision

COV-001:  Cover Sheet

RAD-001:  200′ Radius Map CS-001 :  Overall Site Plan CS-002:  Site Plan

CS-003:  Circulation  Easement  Site Plan

 

 

IDX-001: Water & Sewer  Index Sheet

CS-101:  Drainage  plan CS-102:  Drainage  plan CS-103:  Drainage  plan CS-104:  Drainage  plan CS-105:  Drainage  plan CS-106:  Drainage  plan CS-107:  Drainage  plan CS-108:  Drainage  plan CS-109:  Drainage  plan CS-110:  Drainage  plan CS-111:  Drainage  plan CS-112:  Drainage  plan CS-113:  Drainage  plan CS-114:  Drainage  plan CS-115:  Drainage  plan CS-116:  Drainage  plan CS-117:  Drainage  plan

 

IDX-002: Water & Sewer  Index Sheet

CS-118:  Sewer and Water  Plan CS-119:  Sewer and Water  Plan CS-120:  Sewer and Water  Plan CS-121:  Sewer and Water  Plan CS-122:  Sewer and Water  Plan CS-123:  Sewer and Water  Plan CS-124:  Sewer and Water  Plan CS-125:  Sewer and Water  Plan CS-126:  Sewer and Water  Plan CS-127:  Sewer and Water  Plan CS-128:  Sewer and Water  Plan CS-129:  Sewer and Water  Plan CS-130:  Sewer and Water  Plan CS-131:  Sewer and Water  Plan CS-132:  Sewer and Water  Plan CS-133:  Sewer and Water  Plan CS-134:  Sewer and Water  Plan

 

 

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The Board reviewed the plans. 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 William Young and second by Bruce Bond and carried as follows: Kevin Garvey, aye; Bruce Bond, aye; Michael Mandel, aye; William Young, aye; Robert Dell, absent; Thomas Warren, aye and John Foody, aye.

 

DECISION: In view of the foregoing and the testimony before the Board, the application was Granted a Final Approval  Subject to the Following Conditions:

 

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

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

Pre-construction meeting must be held with the Town of Orangetown

Department of Environmental Management and Engineering, Superintendent of Highways and the Office of Building, Zoning and Planning Administration and Enforcement. It is the responsibility and obligation of the property owner to arrange such a Meeting.”

 

2. Stormwater Management Phase 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

 

3. The applicant shall comply with all pertinent and applicable conditions of all previous Board Decisions: ZBA #14-25, Floor Area Ratio, Rear Yard and Side Yard Variances Approved, dated April 16, 2014 and PB #14-12, Preliminary Subdivision Plan Approval Subject to Conditions/ Neg. Dec., dated

February 26, 2014.

 

4. The cover sheet shall have the buildings labeled for reference purposes. In addition, the firehouse is not shown on the plans. Please clarify.

 

5. The Floor Area Ratio (F.A.R.) for Lot 1 b shall be calculated and placed in the

Zoning Bulk Table.

 

6. Any future change in use of the existing buildings shall seek Building Inspector determination to appear before the Town of Orangetown Planning Board for Site Plan approval.

 

7. The applicant shall contact the Town of Orangetown’s pretreatment coordinator to see if the current industrial wastewater permit needs to be amended or a second permit added, to cover the second lot; i.e. one permit for Lot 1a and one for Lot 1b.

 

 

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PB #14..29: Pfizer Subdivision  –  Final Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

June 25, 2014

Page 4of7

 

 

8. The applicant’s spreadsheet for all agreements/  permits filed with the Town of Orangetown,  shall be modified to include all post construction  stormwater maintenance  agreements  that have already  been filed with the Rockland  County Clerk’s  Office (i.e. for the north basin, Building  241, etc.).  Also, a new post construction  stormwater  maintenance  agreement  for Reed Pond shall be prepared,  submitted  and subject to review and approval  by DEME and the Town of Orangetown  Town Attorney’s  Office and then filed, as part of this subdivision application.

 

9. All existing post construction stormwater  facilities  shall be labeled on the drawings,  Reed Pond, North Basin,  Building  241, etc.

 

10. Access easements on Lot 1 a to benefit  Lot 1 b from Crooked  Hill Road and North Middletown  Road, shall be shown on the plans. All easements  shall be subject to review and approval  in substance  and form  by DEME and the town of Orangetown  Town Attorney’s  Office.

 

11. Metes and bounds descriptions for all proposed easements  shall be given on the plans.

 

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

 

o      As required  by the Rockland  County Stream  Control Act, Chapter 846, the Subdivision  Map must be reviewed  and approved  by the Chairman  of the Rockland  County  Drainage  Agency  before the Rockland  County Clerk will accept same for filing.

 

13. Based on the information provided,  the Rockland  County  Department  of

Health held that no department  approvals  are needed for this application.

 

14. Based upon Rockland County Drainage  Agency  (RCDA)  evaluation  of available  mapping  and information  submitted,  the site has been determined  to be within the jurisdiction  of the RCDA.  However,  the current  proposal  is to subdivide the property without  any construction/  land disturbance.   Therefore,  a permit from the RCDA pursuant to the Rockland  County Stream  Control Act is not requested. Pursuant  to the  Rockland  County  Stream  Control  Act, the subdivision  map must be  reviewed  and  approved  by the  Chairman  of the  Rockland  County  Drainage Agency  before the Rockland  County  Clerk will accept same for filing.

 

15. The New York State Department of Transportation   reviewed the information and held that the proposed  subdivision  will have no significant  impact on the state transportation   system.

 

 

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PB #14-29: Pfizer Subdivision  –  Final Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

June 25, 2014

Page5of7

 

 

 

16. The Town of Orangetown Bureau of Fire Prevention reviewed the plans and offered the following comments:

 

o      This property has both “City Water” hydrants and hydrants that are fed by the plant fire pump. How will these be maintained and by whom?

 

o       Presently all fire alarm systems in all buildings other than Buildings 123 and 170 are reported to Pfizer guard headquarters. Any buildings that are not owned by Pfizer will require the connection of the fire alarm system to Rockland County 44 Control.

 

o     Clarify who will be maintaining the site utility plan.

 

 

• Tenants must be able to directly dial E911 for emergencies; going through any plant switchboard, “etc…” is not acceptable.

 

e     All buildings must be clearly marked with address numbers as per the

Town of Orangetown Town Code.

 

o      Individual tenants will be required to apply for and maintain a Certificate of Compliance Fire Safety with the Town of Orangetown Bureau of Fire Prevention.

 

• As the response capabilities of the Pfizer fire brigade continue to diminish, the Pearl River Fire Department will take over all fire related responses at the plant.

 

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

 

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

Preparation of Subdivision Plans prior to signing the final Subdivision Plan.

 

19. All of the conditions of this decision, shall be binding upon the owner of the subject property, its successors and /or assigns, including the requirement to maintain the property in accordance with the conditions of this decision and the requirement, if any, to install improvements pursuant to Town Code §21. Failure to abide by the conditions of this decision as set forth herein shall be considered a violation of Subdivision Plan Approval pursuant to Town Code §21 and §6A.

 

 

 

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20. TREE PROTECTION: The following note shall be placed on the Subdivision

Plan:

The Tree Protection and Preservation Guidelines adopted

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

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

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

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

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

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

The builder or its agent may not change grade within the tree protection zone of a preserved tree unless such grade change has received final

approval from the Planning Board. If the grade level is to be changed

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

 

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

 

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

 

24. 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).

 

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

 

26. 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

 

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

 

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

 

Dated: June 25, 2014

Cheryl Coopersmith

Chief Clerk Boards and Comm s

 

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PB #14-30: Skae Training  Center Conditional  Use Permit

Granted and Final Approval  Subject to Conditions/Neg.  Dec.

 

Town of Orangetown  Planning  Board Decision

June 25, 2014

Page 1of4

 

 

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

FROM:   Orangetown  Planning  Board

 

 

RE:     Skae Training  Conditional  Use Permit: The application  of Peter Skae, owner, (Donald  Brenner,  attorney  for the owner), for a Conditional  Use Permit Review,  Prepreliminary/   Preliminary/  Final Review,  at a site known to be known as “Skae Training  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 337 –  339 Blaisdell  Road, Orangeburg,  Town of Orangetown, Rockland  County,  New York, and as shown on the Orangetown  Tax Map as Section  76.08,  Block 1, Lot 3 & 4 in the LIO zoning  district.

 

Heard by the Planning  Board of the Town of Orangetown  at a meeting  held Wednesday, June 25, 2015, at which time the Board made the following determination:

 

Donald Brenner  and Sarah Torrens  appeared  and testified. The Board received the following  communications:

1. Project Review Committee Report dated June 18, 2014.
2. An interdepartmental memorandum  from the Office of Building,  Zoning, Planning  Administration   and Enforcement,  Town of Orangetown,  signed  by John Giardiello,  P.E., Director,  dated June 25, 2014.
3. An Interdepartmental memorandum  from the Department  of Environmental Management  and Engineering  (DEME),  Town of Orangetown,  signed by Bruce Peters, P.E., June  19, 2014.
4. A letter from the Rockland County Department  of Highways,  signed by

Sonny Lin, P.E., dated June 17, 2014.

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

Scott  McKane, dated June 5 and June 18, 2014.

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

Dan Sullivan,  Chairman,  dated June 4, 2014.

7. Short Environmental Assessment  Form signed  by Catherine  Skae, dated

May 29, 2014.

8. A copy of Law No.2 of 2014 of the Town of Orangetown, Amending the Town Zoning  Law to Add “Individual  Fitness  and Training  Center”  as a Conditional  Use in the LIO Zoning  District,  dated April 11, 2014.
9. A copy of Town of Orangetown Chapter 43. Zoning,  Article VIII, Section  8.1. General  Conditions  and Standards.
10. Planimetric Plan for Skae Training, prepared  by Sparaco  & Youngblood,

PLLC, dated  November  15, 2013,  last revised  May 7, 2014.

 

 

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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 Bruce Bond and second  by

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

 

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 Environmental   Management  and Engineering,  and having heard from the

following  involved  and interested  agencies:  Town of Orangetown  Zoning  Board of Appeals,  Rockland  County  Department  of Health, and having reviewed the proposed  plan prepared  by Sparaco  & Youngblood,   PLLC, dated

November  15, 2013, last revised  May 7, 2014, a summary  of the reasons supporting  this determination  are, and the Planning  Board finds that the proposed  action:

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

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

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

 

 

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o    Will not significantly  affect existing traffic  levels;

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

o      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;                                                                   ‘

o      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;

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

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

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

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

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

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

o     Will not create a hazard to human  health; and

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

 

On motion by Bruce Bond and seconded  by Thomas  Warren  and carried as follows:  Kevin Garvey,  aye; Michael  Mandel,  aye; Bruce Bond, aye; Robert Dell, absent;  John Foody, aye; William  Young,  aye; and Thomas  Warren,  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:

 

 

eThe  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.

 

e 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.

 

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

 

oThe  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.

 

 

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In addition,  the Approval  is Subject to the Following  Conditions:

 

 

1. The proposed subdivision  of the property  must be approved  by the Town

of Orangetown  Planning  Board prior to filing of the Conditional  Use Permit.

 

 

2. A curb cut shall be placed at the most northern border of the parking lot in order to allow vehicular  access to the site.

 

3. The interior building lights shall be turned  off by 11 :00 p.m. and the exterior outdoor  lighting  must be turned  off by 10:00 p.m.  For any additional  outside  lighting,  i.e. the operation  of the exercise/equipment fields and areas, the applicant  must reappear  at the Planning  Board for review and approval  of a Lighting  Plan.

 

4. Please disclose  if outdoor  lighting  is proposed.   If so, then outdoor  lighting for the outdoor fitness  and training  area has to be turned  off by 10:00 p.m. The foot candle illumination  and other reasonable  regulations  may be imposed  by the Planning  Board.

 

5. The applicant is prohibited  from having a public address  system and/or other amplified  noise in connection  with any outdoor  use.

 

6. The Short Environmental Assessment   Form item 5a. shall be answered

11Yes”,  “by conditional  use approval”,  and 5b shall be answered  “NA”.

Also, the description  of proposed  action shall read “Conditional  Use” and not “Special”.

 

7. The Rockland County  Department  of Health reviewed  the site plan for Conditional  Use Permit and found that all necessary  Health Department approvals  have been obtained.

 

8. 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 Highways

– Rockland  County  Department  of Health

The foregoing  Resolution  was made and moved by John Foody and seconded   •

by Michael  Mandel and carried  as follows:  Kevin Garvey,  aye, Bruce Bond, aye; Robert Dell, absent;  Michael  Mandel,  aye; John Foody, aye;

Thomas  Warren,  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 25, 2014

Cheryl Coopersmith

Chief Clerk Boards and Commis

 

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State Environmental  Quality Review Regulations

NEGATIVE DECLARATION

Notice of Determination  of Non-Significance

 

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 QRANGETOWN, 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: Skae Training  Center Conditional  Use Permit

Granted and Final Approval  Subject to Conditions/Neg.  Dec.

 

SEQR STATUS:       Type I                                          Unlisted XXXXXX

CONDITIONED NEGATIVE DECLARATION: Yes                No  XXXXXX

 

DESCRIPTION OF ACTION: Conditional Use Permit and Final Approval

Subject to Conditions/Neg. Dec.

 

LOCATION: The site is located at 337 -339   Blaisdell Road, Orangeburg, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 76.08, Block 1, Lot 3 & 4 in the LIO zoning district.

 

REASONS SUPPORTING THIS DETERMINATION:

The Orangetown Planning Board, as Lead Agency, determined that the proposed action will not have a significant impact on the environment and a Draft Environmental Impact Statement (DEIS) will not be prepared. The reasons supporting this determination are as follows:

The project will not have a significant impact upon the environment and a DEIS need not be prepared because the proposed action does not significantly affect air quality, surface or ground water quality, noise levels or existing external traffic patterns. In addition, it will have no impact upon the aesthetic, agricultural or cultural resources of the neighborhood. No vegetation, fauna or wildlife species

will be affected as a result of this proposed 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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FROM:

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

102 Waller Avenue, White Plains, New York 10605

Orangetown  Planning  Board

 

 

RE:               Orangetown Shopping Center Site Plan: The application of John Cannon, Urstadt & Biddle Properties, Inc., owner, for a Prepreliminary/ Preliminary Site Plan Review, at a site known as “Orangetown  Shopping

Center Site Plan”, in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown, Chapter 21A of the Code of the Town of Orangetown 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 on the South side of Orangeburg Road, abutting Oak Street and Dutch Hill Road, Orangeburg, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 74.10, Block 1, Lot 67 in the CS zoning district.

 

Heard by the Planning Board of the Town of Orangetown at a meeting held Wednesday,  May 28 and June 25, 2014, the Board made the following determinations:

 

May 28, 2014

Stephen Honan, Dennis Lynch, Bernard Adler, Douglas Reich and Paul Tepfer appeared and testified for the applicant.

The Board received the following communications:

1. Project Review Committee Report dated May 21, 2014.
2. An Interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by John Giardiello, P .E., Director, dated May 28, 2014.
3. Interdepartmental memorandums from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated May 21 & May 27, 2014.
4. A letter from Brooker Engineering, signed by Kenneth DeGennaro, P.E., dated

May 28, 2014.

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

Thomas B. Vanderbeek, Commissioner of Planning, dated May 28, 2014.

6. Letters from Rockland County Department of Highways, signed by

Sonny Lin, P.E., dated March 28, May 27, 2014.

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

Scott McKane, P.E., Senior Public Health Engineer, dated May 6, 2014.

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

Patricia Castelli, dated May 7, 2014, 2014.

 

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9. A copy of the Short Environmental Assessment Form, signed  by

Dennis Lynch dated April 25, 2014.

10. A Narrative Summary prepared  by Atlantic  Consulting  & Engineering,  LLC.
11. A copy of PB #13-07, Consultation, dated March  13, 2013.
12. A Traffic Impact Study, prepared by Adler Consulting,  dated April 25, 2014, with an attachment  of a letter from the Rockland  County  Department  of Highways,  signed by Sonny  Lin, P .E., dated  March 28, 2013.
13. Pylon Sign Plan prepared by Sign Design/JC Awning,  dated

November  2, 2013, last revised January  24, 2014:

–    Page 1: Detail Elevation

–    Page 2: Color Schedule  Detail

14. Land Title Survey for Orangetown Shopping Center,  prepared  by First Order, LLC, dated November  28, 2011,  last revised  February  24, 2014, with an attachment  of the Survey  Certification,  signed and sealed  by Jack Shoemaker, Professional  Land Surveyor.
15. Site Plans prepared by Atlantic Consulting  & Engineering,  LLC, dated

February  27, 2013, revised April 25, 2014,  unless noted:

SD-1.0:	Overall	Site Plan Preparation  Plan
SD-2.0: SD-2.1:	Overall Layout	Layout  Plan Plan Enlargement
SD-2.2: SD-2.3:	Layout Layout	Plan Enlargement Plan Enlargement

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

SD-3.0:  Grading  and Erosion  Control  Plan

SD-3.1:  Grading  and Drainage  Plan Enlargement SD-3.2:  Grading  and Drainage  Plan Enlargement SD-4.0:  Planting  Plan

SD-5.0:  Site Details

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

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

 

 

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

 

Public Comment:

Helen Ucker, 7 Oak Street,  Orangeburg;  was in favor of removing the Oak Street access to the shopping  center.   Ms. Ucker raised concerns  regarding  cars speeding  on Orangeburg  Road and drainage  impact to her property.   She expressed  concerns  with the possibility  of a fast food  restaurant  at the shopping center  noting that there would  be an increase  in noise and air pollution.

 

The applicant  requested  a CONTINUATION.

 

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June 25, 2014

Stephen  Honan, Bernard Adler,  Douglas  Reich and Steven  Grogg appeared  and testified  for the applicant.

The Board received the following  communications:

1. Project Review Committee Report dated June 18, 2014.
2. An Interdepartmental memorandum  from the Office of Building, Zoning, Planning  Administration   and Enforcement,  Town of Orangetown,  signed by John Giardiello,  P.E., Director,  dated June 25, 2014.
3. A letter from Brooker Engineering, signed  by Kenneth  DeGennaro,  P.E., dated

June 25, 2014.

4. An Interdepartmental memorandum  from the Highway  Department,  Town of Orangetown,  signed by James J. Dean, Superintendent   of Highways,   dated June  19, 2014.
5. A letter from Rockland County Department  of Highways,  signed  by

Sonny  Lin, P.E., dated  May 30, 2014.

6. A Supplemental Traffic Impact Study prepared  by Adler Consulting  dated

June 10, 2014.

7. A revised Short Environmental Assessment Form, signed  by

Stephen  M. Honan, Esq., dated June 11, 2014.

8. A Stormwater Management Report prepared  by The Quill Group, dated

April 23, 2014,  revised June 9, 2014.

SD-1.0: Overall Site Plan Preparation  Plan SD-2.1: SD-2.2: SD-2.3: Layout Layout Layout Plan Enlargement Plan Enlargement Plan Enlargement

9. A letter from Atlantic Consulting  & Engineering,  LLC, dated June 11, 2014 with attachments  of revised Site Plans prepared  by Atlantic  Consulting  & Engineering,  LLC, dated  February  27, 2013,  revised June  11, 2014:

 

 

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

SD-3.0:  Grading  and Erosion  Control  Plan

SD-3.1:  Grading  and Drainage  Plan Enlargement

SD-3.2:  Grading  and Drainage  Plan Enlargement

SD-3.3:   S.E.S.C.  Notes and Details, dated June 11, 2014

SD-4.0:  Planting  Plan SD-5.0:  Site Details SD-5.1 :  Site Details SD-5.2:  Site Details SD-5.3:  Site Details

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

 

Public Comment:

Nancy Alexander,  16G Blue Hill Commons,  Orangeburg:  requested  information regarding  the proposed  fast food  restaurant.   Ms. Alexander  expressed  her agreement  with the closing of the entrance/exit  on Oak Street.

 

 

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

Thomas  Warren  and seconded  by Bruce Bond and carried as follows:

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

 

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

617.2 (ak) of the New York State  Environmental  Quality  Review Regulations (SEQRR).  No agency,  other than the Orangetown  Planning  Board will have any significant  involvement  in the review process,  pursuant  to Section  617.6 of SEQRA.  On motion by Bruce Bond and seconded  by Thomas  Warren  and carried  as follows:  Kevin Garvey,  aye; Bruce Bond, aye; Michael  Mandel, aye; William Young,  aye; Robert Dell, absent;  John Foody, 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.

 

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 Atlantic Consulting  & Engineering,  LLC, and having heard from the following  offices, officials  and/or  Departments:  {Town of Orangetown):   Project  Review Committee, Office of Building, Zoning,  Planning  Administration   and Enforcement  and Department  of Environmental  Management  and Engineering,  and having heard from the following  involved  and interested  agencies:  Town of Orangetown  Zoning

Board of Appeals,  Rockland  County  Department  of Health, and having reviewed a proposed  Site Plan by prepared  by Atlantic  Consulting  & Engineering,  LLC, a summary  of the reasons  supporting  this determination   are, and the Planning Board finds that the proposed  action:

 

 

o     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;

e       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;

 

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

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

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

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

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

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

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

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

o     Will not create· a hazard to human  health; and

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

 

On motion by Bruce Bond and seconded  by Thomas  Warren  and carried as follows:  Kevin Garvey,  aye; Bruce Bond, aye; Michael  Mandel, aye; Robert Dell, absent;  John Foody, aye; William  Young,  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 a Preliminary  Site Plan Approval  Subject to the Following  Conditions:

 

 

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

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

Pre-construction   meeting  must be held with the Town of Orangetown

Department  of Environmental   Management  and Engineering,  Superintendent  of Highways  and the Office of Building,  Zoning  and Planning  Administration   and Enforcement.  It is the responsibility  and obligation  of the property  owner to arrange  such a Meeting.”

 

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

 

3. The Site Plan shows a “proposed pad” with a drive thru access.  The Traffic Impact Study prepared  by Adler Consulting  dated April 25, 2014, describes  a “2,500 square foot fast food restaurant  with drive thru facility”  as the proposed use.  Please be advised  a fast-food  restaurant  is not a use permitted  by right in the CS zone district and would  require a Use Variance  by the Town of Orangetown  Zoning  Board of Appeals.

 

 

 

 

4. Please be advised that certain conditions arise where the Zoning Code allows “fast-food  restaurants”  as a Conditional  Use.  Although  fast-food  restaurants  are not allowed  in a CS zone district  by right or conditional  use, the applicant  shall be advised  of the following  requirements  that would  most likely be reviewed  at in

part when pursuing  a Use Variance  from the Zoning  Board of Appeals.

 

 

o                    Location.   No fast-food  restaurant  shall be located within 300 feet of any residential  district or any lot line of a school,  place of worship  or any other fast-food  restaurant.

 

• Traffic Impact.  The Planning  Board shall, in each individual  case, consider  the potential traffic  impact of the proposed  fast-food restaurant  on the adjoining  road system and on the parking areas affected.   Where  said Board determines  that such traffic may have a significant,  adverse  impact,  it may deny the application  or it may

require such reduction  in scale or other modification  of the size and

nature of the proposed  facility  as, in the opinion of said Board, will be adequate  to reduce the estimated  impact to an acceptable  level.

 

 

o      Waste  Material. All waste  material  shall be stored  in rodent proof containers  which shall be kept in a screened  or enclosed  location and shall be removed  from the premises  each day, with the exception  of Sundays  and holidays.

 

o      Other Requirements.    Establish  any other additional  standards, conditions  and requirements,  including  a limitation  on hours of operation,  as it may deem  necessary  or appropriate  to promote the public health, safety and welfare.

 

5. The following variances need to be sought from the Town of Orangetown

Zoning  Board of Appeals:

 

o     The required  Front Yard Setback  is 0 or 45 feet and 14′-6″ is proposed.

 

o    The Zoning  Bulk Table  shall include the total buildings  square footage  (existing  and proposed),  total floor area ratio (FAR) and height of the proposed  building.   Therefore,  the total number of variances  listed above  may not reflect the total number of variances required.

 

 

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6. A variance for maximum  signage  area will be required  in addition to the setback  requirement  as follows:    The Total  Sign Area for the entire shopping center  needs to be calculated  and added to the Site Plan.  The free standing  sign will require a Setback  Variance  from the Zoning  Board of Appeals  since 75 feet is required  and 7′-6″ is proposed.  (Chapter  43, Section  4.23(c)).   In addition,

determine  if the proposed  sign is within  500 feet of the Palisades  Interstate

Parkway, which it appears  to be on the Tax Map.  Permission  from the Palisades

Interstate  Park Commission  is required.  (Chapter  43, Section 4.24 ).

 

7. A Lighting Plan shall be submitted for review and approval.

 

8. The Site Plans and Building Plan shall be reviewed  by the Town of

Orangetown  Architecture  and Community  Appearance  Board of Review.

 

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

 

10. The Town of Orangetown Highway  Department  offered the following comments:

 

 

• The proposed sidewalk  along Orangeburg  Road must be extended to connect to Oak Street.

 

o      Any reference  to the removal  of the existing  bus stop, as listed on Page  7 of the Atlantic  Consulting  & Engineering,  LLC letter dated June 11, 2014 must be denied.

 

11. The stormwater management report that was provided  is under review by

DEME.

 

12. DEME had had previously raised concerns about the proposed  left hand turns  into the site, from Orangeburg  Road, heading west into the site.  The applicant,   in coordination  with the Rockland  County  Highway  Department,  has proposed  a separate  left turn land.  The traffic  study proposed  is under review by DEME.

 

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

DEME.   However, the erosion  control  plans and details  shall be modified to

reflect a “stone-filter”  system  around the proposed  catch basin.  A detail for same shall be provided.

 

14. The applicant has stated that the proposed use for the new building  MAY be a restaurant/  fast foot business.   If this is the case, the applicant  is advised that the Town of Orangetown  has a F.O.G. (Fat, Oil and Grease)  program,  which must be complied  with.  The applicant  shall contact the Town’s  F.O.G. Coordinator  to determine  if this criteria  is applicable.

 

 

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PB #14-26: Orangetown  Shopping  Center Site Plan: Preliminary  Site Plan

Approval  Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

June 25, 2014

Page8of14

 

 

 

15. The proposed sanitary building connection shall be shown on the plan.

 

16. The Stormwater Management Report dated April 23, 2014 shall show by calculation and mapping, all proposed land development activity associated with this project. The applicant’s engineer indicated at the June 18, 2014 Project Review Committee Meeting that he did not include the proposed deceleration/ right had turning lane off of Orangeburg Road East – Item #5, drawing SD-2.0, in the reports Proposed Post-Development Conditions – calculations of Proposed Land Disturbances (page #3 of the report). Since this is part of the land development activity for this project, this area must be included in the aforementioned calculations. (See Town Code 30D-6).

 

Also it is unclear from the report if the filling of the proposed driveway, item #2, drawing #SD-2.0, was included in the total area of disturbance calculation. If not, this also must be included in the calculations. If the total area of disturbance is equal to or greater than one ( 1) acre, a proper SWPPP will need to be provided,

in accordance with Town Code 30D-8 B(3) and C, the New York State

Stormwater Management Design Manual, and the New York State Permit for

Construction Activities –  GP-0-10-001 (See 40 CFR Parts 122.26(b)(14)(x),

122.26(b)(15)(i) and 122.26(b)(15)(ii) and Article 17, Titles 7, 8 and Article 70 of the New York Environmental Conservation Law).

 

 

17. Drainage Review  Recommendation

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

 

 

Project    Description

This is the drainage consultant’s second drainage review report to the Planning Board for this project. The site is located at the southeast corner of the intersection of Orangeburg Road and Dutch Hill Road. A new building is proposed at the northern parking area of the site, which is all impervious. A new entrance to Orangeburg Road is proposed east of the new building along with a deceleration lane along the south side of Orangeburg Road. The existing asphalt road to Oak Street is proposed to be removed. The parking in front (west) of the eastern existing building is proposed to be reconfigured; it is not clear if any change in grading is proposed. The disturbance is 41,681 square feet and a net reduction of 800 square feet of impervious area is proposed.

 

 

 

 

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PB #14-26: Orangetown  Shopping  Center Site Plan: Preliminary  Site Plan

Approval  Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

June 25, 2014

Page 9of14

Continuation  of Condition  #17 ….. Review   of Additional   Dnformation

Many of the consultant’s previous comments have been addressed. Land

disturbance is greater than one acre; therefore a SWPPP id required and will be provided under separate cover. The asphalt drive is being removed rather than installing topsoil over the existing pavement. An updated drainage report shall be provided with the calculations for the pavement reduction clearly demonstrated. Calculations supporting the size of the water quality device shall be provided in the updated drainage report.

 

 

Project    Comments

 

 

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

 

 

2. The proposed grading in the parking lot south of the Proposed Pad has been adjusted to eliminate the swale in the middle of the parking lot. However, it is recommended that the applicant investigate the proposed location of snow stockpiling. The Drainage Consultant is concerned of a “black ice’ situation occurring over this long run across the parking lot with limited drainage structures. Additionally the grading in the southeast corner of the parking lot shows spot grades of 180.i and 180.2 with a 180 contour in between the two spot grades. This grading shall be revised.

 

 

3. Calculations shall be provided that demonstrate the on-site drainage system has capacity to receive diverted runoff from Orangeburg Road to the site.

 

 

4. The proposed gutterline on Orangeburg Road has shifted from between traffic lanes to the curbline for the majority of the new lane. However the

180 contour shows runoff being directed back to the middle of the road, and away from the proposed drainage structure that was added to

intercept runoff before it crosses the new intersection. It is recommended that the grading in this area be modified to keep the gutterline closer to the new intersection and shift the catch basin east to intercept more of the runoff prior to crossing the intersection. The outlet pipe for the new catch basin on Orangeburg Road (with a rim of 178.6) shall be added to the

plan.

 

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PB #14-26: Orangetown  Shopping  Center Site Plan: Preliminary  Site Plan

Approval  Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

June 25, 2014

Page 10of14

 

Continuation  of Condition  #17 …..

 

5. The proposed contours along the deceleration lane shall tie into existing grade.

 

 

6. The proposed pad shall show a proposed first floor elevation of a potential building.

 

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

 

1. An updated review must be completed by the County of Rockland Department of Highways and all required permits obtained. This review must include an analysis of the Traffic Impact Study provided with the application. In addition, the conditions in the March 28, 2014 letter must be met.

 

2. The conditions in the May 6, 2014 letter from the Rockland County

Department of Health must be met.

 

3. The narrative, application, and Short Environmental Assessment Form (EAF) indicate that the property is 10.98 acres. However, the Overall Layout Plan indicates that the lot is 10.59 acres. The lot area must be consistent on all documents.

 

4. The EAF indicates that the total acreage to be physically disturbed is

2,500 square feet.  This is only the square footage for the proposed building, and does not account for the other disturbed areas on the site, which encompasses a much larger area, as can be seen on the grading and erosion control plan. Since a new access, parking area, retaining

walls, and closure of the existing entrance will also disturb the site; the site area to be physically disturbed must include all components of the proposed site improvements. A more accurate square footage must be provided for the site disturbance.

 

5. The proposed pylon sign must conform to the Town’s sign standards, in both size and setback. As proposed, the new sign does not conform to the Town’s standards for size or location. The sign must be reduced in size, and relocated further from the lot line so that no variances will be required. A set back of only 7’6″ is not sufficient. It must be set back at least a distance equal to its height, so that it cannot fall within the County right of way.

 

PB #14-26: Orangetown  Shopping  Center Site Plan: Preliminary  Site Plan

Approval  Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

June 25, 2014

Page 11of14

 

Continuation  of Condition  #18 …

 

6. Drawing SD-2.2, just east of the new entrance, has labels that seem to be contradictory. The labels state that the “existing walk to remain” but then also states the “existing walk to be removed.” This is also the case for the existing pavement-the labels state that it is to remain and be removed. These labels must be clarified and the appropriate one removed.

 

7. The landscaping plan must be further supplemented to provide low evergreen landscaping in front of the drive-thru access prior to the retaining wall, so that headlights do not shine into the County right of way.

 

8. A lighting plan must be provided that shows fields of illumination. No lighting shall shine into the County right of way.

 

9. Areas dedicated for snow piles must be clearly delineated on the site plan so that the plow drivers will now where to place the snow piles. This will help to protect the landscaping from being broken from the weight of the snow and from causing salt intrusion to the plans.

 

19. The Rockland County Department of Highway reviewed the submitted information and traffic impact study, and offered the following remarks for consideration:

 

1. The zero net increase in the peak rate of discharge for storm sewer from all design points within this project shall be demonstrated.

 

2. While the Highway Department would favor a design that would provide a maximum available parking, it remands the decision of parking issues to the Town’s determination.

 

3. The Rockland County Department of Highways conditionally agrees to a new access from Orangeburg Road for the shopping center to be constructed predicated upon closing the existing Oak Street access. The Department would allow the left turn entry but not left turn exit onto west bound Orangeburg Road.

 

4. Existing bus-stop on the eastbound of Orangeburg Road shall be shown to be removed.

 

5. The proposed relocated sign appears to be too close and over-sized for the county road.

 

6. It is the Department’s policy that all parking be contained on site in accordance with the current Town Zoning Code. All required parking shall be provided to be adequate for its type of use.

 

7. A Rockland County Highway Department Work Permit will be required for the proposed development prior to any construction on site.

 

8. Separate additional Rockland County Road Opening Permit will be

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PB #14-26: Orangetown  Shopping  Center Site Plan: Preliminary  Site Plan

Approval  Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

June 25, 2014

Page 12of14

 

20. The Rockland County Department of Highway had the following additional comments:

 

e       The applicant should provide an updated traffic statement that would indicate vehicular circulation improvement around the impacted area to reflect the proposed intersection alignment, traffic counts and turning movements.

 

e      The grading, drainage and resurfacing work along with all pertinent details affecting the same should be shown on the drawings. The design work should conform to the latest NYSDOT standards, Highway Design Manual and AASHTO standards.

 

• The new proposed pylon sign appears to be too big and too close to Orangeburg Road that may district the attention of the motorists and affect the character of the surrounding area.

 

21. The Rockland County Department of Health reviewed and found that the proposed water and sanitary service to the pad site shall be shown on the plan. In addition, 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.

 

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

Board assuming responsibilities of lead agency for SEQRA purposes:

– Rockland County Department of Health

-Town of Orangetown Zoning Board of Appeals

 

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

Preparation of Site Plans prior to signing the final plans.

 

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

 

25. 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.

 

26. 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:

 

 

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Continuation  of Condition  #26…

 

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:

e One (1) foot radius from trunk per inch DBH

e 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:

ca   Light to Heavy Impacts –  Minimum of eight inches of wood chips

installed in the area to be protected. Chips shall be removed upon completion of work.

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

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

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

 

27. 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.

 

28. 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.

 

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

 

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30. 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).

 

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

 

32. 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

 

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

 

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

 

Dated: June 25, 2014

Cheryl Coopersmith

Chief Clerk Boards and Commissi

attachment

 

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State Environmental  Quality Review Regulations

NEGATIVE DECLARATION

Notice of Determination  of Non-Significance

 

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: Orangetown  Shopping  Center Site Plan: Preliminary

Site Plan Approval  Subject to Conditions/  Neg. Dec.

 

SEQR STATUS:     Type I                                          Unlisted XXXXXX

CONDITIONED NEGATIVE DECLARATION: Yes                No  XXXXXX

 

DESCRIPTION OF ACTION:  Preliminary  Site Plan Approval  Subject to

Conditions/  Neg. Dec.

 

LOCATION: The site is located on the South side of Orangeburg Road, abutting Oak Street and Dutch Hill Road, Orangeburg, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 74.10, Block 1, Lot 67 in the CS zoning district.

 

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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