Meeting Overview

Meeting   of March  27, 2013

TOWN  OF ORANGETOWN   PLANNING   BOARD

 

 

MEMBERS  PRESENT:  Kevin Garvey,  Chairperson;   Bruce Bond; William  Young; Michael  Mandel;  Jeffrey Golda  and Robert  Dell

 

MEMBERS ABSENT:  John Foody

ALSO PRESENT: John Giardiello,  Director,  Department  of Building, Zoning, Planning  Administration   and Enforcement;  Robert  Magrino,  Deputy Town Attorney;  Ann  Marie Ambrose,  Stenographer  and Elizabeth  Decort, Clerk

 

Kevin Garvey,  Chairperson  called the meeting to order at 7:30 p.m. Mr. Garvey read the agenda.   Hearings  as listed on this meeting’s  agenda  which are made a part of these  minutes were  held as noted below:

 

Continued  Item from March 13, 2013 Meeting: One Ramland Road Site Plan Amendment

 

Prepreliminary/   Preliminary  Site Plan

& SEQRA  Review

73.20/1/23  & 24; LIO zoning district

Preliminary Site Plan Approval Subject to Condffion~Neg.De~

 

 

 

New Items:

Henry Kaufmann  Campgrounds, Inc. Conditional Use Permit

Prepreliminary/   Preliminary/  Final

Conditional  Use Permit & SEQRA  Review

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

 

.PB #13-10

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

 

Walther  Minor Subdivision Plan Prepreliminary/   Preliminary Subdivision  Plan & SEQRA  Review

78.17/2/20;  R-40 zoning  district

PB #13-11

Preliminary Approval

Subject to Conditions

Neg. Dec.

 

LSI Services,  Inc., Site Plan

Prepreliminary/   Preliminary  Site Plan

& SEQRA  Review

76.08/1 /1; LIO zoning  district

Postponed to

April  1 oth   Meeting

PB #13-12

 

155 Corporate  Drive Site Plan Amendment

Prepreliminary/   Preliminary/  Final

Site Plan Amendment  to Approved

 

Preliminary Site

Plan Approval

PB #13-13

 

Site Plan & SEQRA  Review

73.15/1/18  & 73.19/1/1;  LIO zoning district

Subject to Conditions

Reaffirm Neg. Dec.

 

 

 

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Page 2

March 27, 2013

 

 

 

 

Continued Item from July 18, 2012  Meeting: Organic Recycling –  Outside Commercial Subdivision of Space  Plan

Prepreliminary/   Preliminary/  Final

Subdivision  Plan and SEQRA  Review

74.19/1 /3; Ll zoning district

 

PB #12-35

Preliminary Approval Subject to Conditions Neg. Dec.

 

 

Other  Business:  The  Board revieweda   referral from the Village  of Piermont regarding  Graff Subdivision  and consents  to the Village to serve as Lead Agency for coordination  of the environmental   review.

 

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.

 

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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 9:50 p.m.  The next Planning  Board meeting  is scheduled  for April  10, 2013.

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DATED:March27,2013        C’ ltoAr-;   o

Town  of Orangetown Plannirlg’Board

 

 

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PB #12-54:   1   Ramland   Road  Site  Plan -1547    –  Preliminary    Site  Plan

Approval   Subject   to Conditions/  Neg. Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

March  27, 2013

Page 1of13

 

 

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

FROM:    Orangetown   Planning  Board

 

 

RE:     One Ramland  Road Site Plan Amendment:  The application  1547

Ramland,  applicant,  for Ramland  Holding  LLC, owner, for an Amendment  to the Approved  Site Plan, Prepreliminary/   Preliminary  Site Plan Review (Donald Brenner,  Attorney  for the owner),  at a site known as ” One Ramland Road 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  21 A 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 One

Ramland  Road, Tappan,  Town of Orangetown,  Rockland  County,  New York, and as shown  on the Orangetown  Tax Map as Section  73.20,  Block 1, Lots 23 & 24 in the LIO zoning district.

 

 

Heard by the Planning  Board of the Town of Orangetown  at meetings  held, Wednesday,  December 12, 2012 and March 13 & 27, 2013, at which time the Board made the following  determinations:

 

December 12, 2012

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

1. Project Review Committee Report dated December 5, 2012.
2. Interdepartmental memorandum  from the Office of Building, Zoning,  Planning

Administration   and Enforcement,  Town of Orangetown,  signed by

John Giardiello,  P.E., Director, dated  December  12, 2012.

3. An interdepartmental memorandum  from the Department  of Environmental Management  and Engineering  (DEME),  Town of Orangetown,  signed  by Bruce  Peters,  P.E., dated  December  6, 2012.
4. A letter from Rockland County Department  of Planning,  signed  by

Thomas  B. Vanderbeek,   Commissioner  of Planning,  dated  December  11, 2012.

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

Joseph  Arena,  Senior  Engineering  Technician,  dated  December  5 & 7, 2012.

6. A letter from Rockland County  Department  of Health,  signed  by Scott McKane.  P .E., Senior  Public Health Engineer,  dated November  16, 2012.
7. A letter from Rockland County Sewer  District No. 1, signed  by

Joseph  LaFiandra,  Engineer  ll, dated  December  4, 2012.

 

 

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PB #12~54:  1   Ramland   Road  Site  Plan –  1547 –  Preliminary  Site  Plan

Approval  Subject   to Conditions/  Neg. Dec.

 

 

Town  of Orangetown  Planning   Board  Decision

March  27, 2013

Page 2of13

 

8. Interdepartmental memorandum from the Bureau of Fire Prevention, Town of Orangetown, signed by Michael B. Bettmann, Chief Fire Inspector, dated November 26, 2012.
9. A letter from the Town of Orangetown Zoning Board of Appeals, signed by

William Mowerson, Chairman, dated November 21 r  2012.

10. A Short Environmental Assessment Form, dated November 13, 2012, signed by Jerry Martin.
11. Plans prepared by Jay Greenwell, PLS:

– Sheet 1: Phase 2 –  Site Development Plan for Expansion, dated

November 6, 2012

– Sheet 2: Site DevelopmentPlan Auxiliary Power, dated

February 10, 2012, last revision October 19, 2012.

 

Public Comments:

Howard Andrews, 100 Dutch Hill Road, requested information regarding the type

of chiller system to be used on the site.

 

Stephen Del Savio, 262 Trenton Place, wanted to know if the applicant was presently operating in the building. Mr. Del Savio saw lights coming out of the building in the evenings. He requested that the chillers and generators be placed closer to Ramland Road.

The applicant requested a CONTINUATION. March 13, 2013

Donald Brenner, Diego Villareale and Jay Greenwell appeared and testified for

the applicant.

The Board received the following communications:

1. Project Review Committee Report dated March 6, 2013.
2. Interdepartmental memorandum from the Office of Building, Zoning, Planning

Administration and Enforcement, Town of Orangetown, signed by

John Giardiello, P.E., Director, dated March 13, 2013.

3. An interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated March 8, 2013.
4. A letter from Brooker Engineering, signed by Kenneth DeGennaro, P.E., dated

March 13, 2013.

 

Public  Comment:

Stephen Del Savio, 262 Trenton Place, wanted to know if evergreen trees could

be planted at the rear of the parking facility.

 

The applicant requested a CONTINUATION.

 

 

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PB #12-54:   1  Ram!and  Road Site Plan –  1547 –  Preliminary Site Plan

Approval Subject to Conditions/ Neg. Dec.

 

 

Town of Orangetown Planning Board  Decision

March 27, 2013

Page 3of13

 

 

 

March 27, 2013

Donald Brenner, Diego Villareale, Brook Cossan, Pat Hynes and Jay Greenwell appeared and testified for the applicant.

The Board received the following communications:

1. Project Review Committee Report dated March 20, 2013.
2. Interdepartmental memorandum from the Office of Building, Zoning, Planning

Administration and Enforcement, Town of Orangetown, signed by

John Giardiello, P.E., Director, dated March 27, 2013.

3. An interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated March 8, 2013.
4. A letter from Brooker Engineering, signed by Kenneth DeGennaro, P.E., dated

March 13, 2013.

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

Thomas B. Vanderbeek, Commissioner of Planning, dated December 11, 2012.

6. An Acoustical Review Report prepared by Mack Associates, dated

March 22, 2013, signed by Brook Crossan, Ph.D. P.E., President.

 

Public Comment:

Stephen Del Savio, 262 Trenton Place, raised concerns regarding the placement of the chillers.

 

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; William Young, aye; Robert Dell, aye; John Foody, absent, Michael Mandel, aye 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 Board will have any significant involvement in the review process, pursuant to Section 617.6 of SEORA. On motion by Bruce Bond and seconded by Jeffrey Golda and carried

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

 

 

 

 

 

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PB #12-54:  1  Ramland  Road Site Plan-1547   –  Preliminary Site Plan

Approval Subject to Conditions/ Neg.  Dec.

 

Town  of Orangetown Planning Board Decision

March 27, 2013

Page 4of13

 

 

 

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  r~garding such concerns,  and having heard from the applicant, the applicant’s professional representatives,  namely  Jay Greenwell, PLS,  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: Rockland County Department of Highways,  Rockland

County Sewer District #1,  Rockland County Health Department, Town of Orangetown Zoning Board  of Appeals, and having reviewed a Plan by prepared by Jay Greenwell, PLS,   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 Michael  Mandel  and  seconded by Bruce Bond and carried as follows:  Kevin Garvey, aye; Michaef Mandel,  aye; Bruce Bond,  aye;  Robert Dell, aye;  John  Foody, absent;   William Young, aye; and Jeffrey Golda,  aye,  the Board made a Negative Declaration  pursuant to SEQRA.

 

 

 

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PB #12-54~  1  Ramtand   Road  Site  Plan -1547   –  Preliminary    Site  Plan

Approval   Subject   to Conditions/  Neg. Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

March  27, 2013

Page 5of13

 

 

 

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. 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  II  Regulations.

 

3. The Full Environmental Assessment   Form (EAF) appears to be in order.

 

 

4. The Full EAF has a total of 462,000 square feet for building area yet the plans show a total of 379,000 square feet. The  Floor Area  Ratio (F.A.R.) for 379,000 square feet  is 0.27 yet the Table of Land Use has 0.16 for F.A.R.   Please clarify the total square footage  of the existing  building and  proposed  building expansion will be.

 

5. The property exists as 2 tax lots and shall be merged for the proposed project. This requires  a separate  subdivision  plat.  Based on that, the Site Plan is being reviewed  as if the property  was already  merged  into one lot.

 

6. A variance from the Town of Orangetown Zoning  Board of Appeals  needs to be sought for the height: 23.2 feet is allowed,  37 feet  is existing and 60 feet is proposed.

 

7_  The direction  of drainage  flow shall be labeled  on the Site Plan with arrows.

 

8. Details of the substation need to be provided; such as height. etc.

 

9. Details of the generators and chillers need to be provided.  A noise attenuation study shall be submitted  to the Planning  Board.

 

PB #12-54:   1   Ramland   Road  Site  Plan -1547    –  Preliminary    Site  Plan

Approval    Subject   to Conditions/    Neg.  Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

March  27, 2013

Page 6of13

 

 

 

10. The Site Plan shall be reviewed by the Town of Orangetown Architecture  and

Community  Appearance   Board of Review for site lighting, landscaping,  etc.

 

 

11. The Site Plan shall indicate the total number of loading berths needed for this use.

 

 

12. The Site Plan shall indicate if the trash compactor will need to be modified based on the proposed  addition.

 

 

13. The height of the proposed retaining wall shall be labeled on the site layout and landscaping  plan.

 

 

14. The SWPPP is currently  under review  by DEME.

 

 

15. A post construction stormwater 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.

 

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

 

17. A sanitary building connection  shall be shown for the proposed  3 story building,  if required.

 

 

18. The Drainage Consultant  to the Planning  Board,  Brooker  Engineering,  found that the information  provided  demonstrated  that potential  significance  adverse environmental   impacts to stormwater  quality  and quantity  can be mitigated.  The consultant  recommends  that the Data Center  Building  Center  Expansion  Site Plan be approved  for drainage  subject  to the following  Project  Comments:

 

77. Site disturbance is greater than one acre. A full Stormwater  Pollution  Plan has been including  post construction  stormwater  quality  and quantity mitigation  has been prepared.   A stormwater  management   basin as per NYSDEC  best management   practices  Pocket Pond P-5 is proposed  and shall be labeled  on the Site Plan. The permanent  pool elevation  of 77.90 shall be labeled  on the Site Plan.  The various  runoff reduction  measures that are proposed  as part of the SW PPP shall be labeled  on the Site Plan.
78. The existing end section on the west wetland  has an invert elevation  of

73.3 and the upstream  drainage  manhole  has an invert elevating  of 73.3 and the upstream  drainage  manhole  has an invert of 76.15.   It appears

that the existing  19″ x 30″ pipe is back pitched.   The slope of the pipe shall

be verified  and replaced  if a positive slope is not present.   The crown of the new 15 inch drainage  pipe that discharges  to the above noted drainage  manhole  shall match the existing  crown.

 

 

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PB #12-54:   1   Ramland   Road  Site  Plan -1547-     Preliminary Site Plan

Approval Subject to Conditions/ Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

March 27, 2013

Page 7of13

 

 

Continuation of Condition #18 …..

 

 

 

1. The proposed footing drain for the new building addition shall be shown on the plan.
2. A hydraulic analysis of the wetland that receives the outfall from the stormwater management basin shall be performed to demonstrate that backwater effects from the pond will not submerge the proposed basin and result in dead storage.
3. The proposed retaining wall will form a swale along the high side of the wall; this shall be labeled on the Site Plan and the point of discharge shown.
4. It is recommended that the proposed outlet structure be moved north of the overflow spillway and/or along the east side of the basin in order to facilitate access for maintenance.
5. A maintenance schedule for the basin shall be included on the Site Plan. h. Details for the proposed gravel areas shall be added to the Site Plan.
6. Details for the fuel storage tanks shall be added to the Site Plan. Permits from the Rockland County Department of Health will be necessary. If the tanks are proposed to be Above Ground Storage Tanks, then secondary containment shall be shown and the provisions for draining stormwater in the secondary containment area shall be included with the Site Plan.

 

19. Rockland County Department of Planning had the following comments which are incorporated herein as conditions of approval:
20. A review must be completed by the County of Rockland Department of

Highways and all required permits obtained.

1. A review must be completed by the County of Rockland Department of

Health and all required permits obtained.

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

Environmental Conservation and all required permits obtained.

1. A review shall be completed by the U.S. Army Corps of Engineers and any required permits obtained.
2. A stormwater pollution prevention plan (SWPPP) was not provided. The SWPPP, if required shall conform to the current regulations, including the New York State Stormwater Management and Design Manual (August

2010) and local ordinance.

1. 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.
2. There shall be no net increase in stormwater runoff from the site.
3. If the storage tank for the diesel fuel is 1,000 gallons or more, then a review must be obtained from the Rockland County Department of Health, as per the Rockland County Sanitary Code Article X,  and all required permits obtained.

 

 

 

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PB #12-54:   1   Ramland   Road  Site  Plan -1547   –  Preliminary    Site  Plan

Approval   Subject   to Conditions/    Neg.  Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

March  27, 2013

Page 8of13

 

 

Continuation   of Condition    #19 …..

 

 

 

1. A narrative  shall   be   provided   that   clearly   explains   what   is  being proposed,      the  parking  that  will  remain,   and  the  phasing,   if any,  of the project
2. The Rockland County  Department  of Planning  requests  the  opportunity to      review   any   variances   that   may   be   requested   from   the   Town   of Orangetown   Zoning  Board  of Appeals   in order  to  implement  the  revised Site  Plan, as required  by New York  State General  Municipal  Law, Section

239-m, (a) (v).

 

20. The Site Plan contains a road widening along  Blaisdell  Road  in reference  to a subdivision   map filed  under  a previous  owner,  the  status  of which  is unknown. This  dedication   shall  be finalized   in the  form  of a deed  filed  within  the  County Clerk’s  Office.

 

 

21. Any drainage report prepared  for this project  shall  be forwarded  to Rockland

County  Department  of Highway for review.

 

 

22. A Rockland County Highway  Department  Work  Permit will be required for the proposed      site  improvements,    and  must  be  secured   prior  to  the  start  of  any excavation  or construction  on the site.

 

23. This   project    requires   a   proposed    underground    electrical    service   and temporary   utility  access  off Blaisdell  Road.   A 30 foot  wide  drainage  easement will  have  to be traversed  adjacent  to Federal  Wetlands,  and  the  sidewalk  along Blaisdell   Road  may  be  disturbed.     The  drainage  ditch  along  the  east  side  of Blaisdell   Road  must  be restored   in-kind  or  improved  so that  a positive  flow  of water  may continue  in this area.   The applicant  shall  be responsible  to install and maintain adequate  soil and control devices  during  construction  as required.

 

24. The Rockland  County  Department  of Health (RCDOH)  reviewed  the plans and found that application  is to be made to RCDOH for review of the Stormwater Management  system for compliance  with the County  Mosquito  Code.

 

25. The Town of Orangetown Bureau  of Fire Prevention  had the following comments  which  are incorporated  herein as conditions  of approval:
26. All roadways, turnarounds,  etc. must provide  a proper turning  radius to

accommodate   a 55 foot  long piece of fire apparatus.

1. All roadways must be a minimum of 26 feet in width with vertical clearance  of 13 feet 6 inches.
2. All proposed fire lanes are to be shown on the Site Plan. Any fire lane 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.

 

PB #12-54:   1   Ramland   Road Site  Plan -1547   –  Preliminary  Site  Plan

Approval  Subject   to Conditions/  Neg. Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

March  27, 2013

Page 9of13

 

Continuation of Condition #25 …..

 

 

 

1. 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.
2. Provide a Site Plan for Fire Service Features: Turning Radius as required, fire Hydrants, turnarounds, road widths throughout, include all items noted above.
3. All gates shall comply with all of the following criteria:
4. a) The minimum gate width shall be 20 feet (6096mm). b) Gates shall be of the swinging or sliding
5. c) Construction of gates shall be of materials that allow manual operation by one
6. d) Gate components shall be maintained in an operative condition at all times and replaced or repaired when
7. e) Electric gates shall be equipped with a means of opening the

gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the Code Enforcement Official.

1. f) Manual opening gate shall not be locked with a padlock or chain and padlock unless that are capable of being opened by means of forcible entry tools or when a key box containing the key(s) to the lock is installed at the gate
2. g) Locking device specifications shall be submitted for approval by the Code Enforcement

 

26. 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 Highways

– Rockland County Sewer District #1

– Rockland County Health Department

– Town of Orangetown Zoning Board of Appeals

 

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

Preparation of Site Plans prior to signing the final plans.

 

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

 

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

 

Page  10 PB #12-54:   1  Ram land  Road Site  Plan –  1547 –  Preliminary    Site

Plan  Approval   Subject   to Conditions/  Neg.  Dec.

 

 

Town  of Orangetown    Plannlnq   Board  Decision

March  27, 2013

Page 10of13

 

 

 

30. TREE PROTECTION: The following note shall  be placed on the Site Plan: The Tree  Protection  and Preservation  Guidelines  adopted  pursuant to Section

21-24 of the Land Development Regulations of the Town of Orangetown will be

implemented in order to protect and preserve both individual

specimen trees and buffer area with many trees. Steps that will be taken to reserve and protect existing trees to remain are as follows:

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

 

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

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

 

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

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

The builder or its agent may not change grade within the tree protection zone of a preserved tree unless such grade change has received final approval from the Planning Board. ~f 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.

 

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

 

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

 

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

 

PB #12-54:   1  Ramland   Road  Site  Plan -1547  –  Preliminary  Site  Plan

Approval  Subject   to Conditions/  Neg.  Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

March  27, 2013

Page  11of13

 

 

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

Engineers).

 

 

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

 

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

 

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

 

Overrides

The Board made the following  motions to override  Conditions  #10,  #11,   #12,  #13

& #14 of the December 11,  2012  letter from Rockland County Department of

Planning, signed  by Thomas Vanderbeek,  Commissioner of Planning, for the

following reasons:

 

#1 O)  A lighting plan  shall  be provided that shows fields of illumination.  Lighting shall  not shine beyond the property line or into the County highway.

 

The Board held  that the parking facility was already illuminated.  In addition,  the site would be reviewed  by the Town of Orangetown Architecture and Community Appearance  Board of Review for lighting on the site.

 

A motion  to override the condition  was made and  moved by Kevin Garvey and seconded by Michael  Mandel  and carried as follows: Bruce Bond,

aye; Kevin  Garvey, aye;  Robert Dell,  aye; Michael  Mandel,  aye; Jeffrey

Golda,  aye; William Young, aye and John Foody, absent

 

#11) A landscaping  plan  must be submitted.  Low evergreen landscaping  shall be provided  in front of the parking  spaces that face the County roadway to prevent the lights from shining  into the right of way.

 

PB #12-54:   1   Ramland  Road Site Plan -1547    –  Preliminary  Site Plan

Approval Subject to Conditions/ Neg. Dec.

 

 

Town  of Orangetown   Planning  Board Decision

March 27, 2013

Page  12of13

 

 

 

Continuation   of Overrides ….

 

 

The Board held that the applicant will be required to appear and present a lighting and landscaping plan to the Town of Orangetown Architecture and Community Appearance Board of Review.

 

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

 

#12) A signage plan that conforms to the Town of Orangetown standards must be submitted for review. The signs must be kept out of the County right of way.

 

The Board held that the applicant does not plan any signage on the site.

 

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

 

#13) As proposed, there is adequate parking provided for the site.  However, if in the future the use were to change, additional parking might be needed.  Future parking areas shall be shown on the site plan in the event the use changes and more parking is required.

 

The Board held that parking on the site is adequate for the use. In the event the use changes and the parking count needs adjustments, the applicant shall return to the Planning Board for review and approval.

 

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

 

#14) The parking table shows that 532 parking spaces are being provided for the site.  However, only 509 parking spaces are shown on the site plan; this includes the 25  parking spaces just south of the proposed building.  Clarify if these 25 parking spaces abutting the proposed building be used for future parking. If so, how will access be provided since there is a proposed curb along the length of this area.  lt should be made clear if these 25 spaces are included in the future site plan, and the parking calculations corrected.

 

The Board held that parking on the site Is adequate for the use. In the event the use changes and the parking count needs adjustments, the applicant shall return to the Planning Board for review and approval.

 

A motion to override the condition was made and moved by Kevin Garvey and seconded by Michael Mandel and carried as follows: Bruce Bond, aye; Kevin Garvey, aye; Robert Dell, aye; Michael Mandel, aye; Jeffrey Golda, aye; William Young, aye .and Joh.q Fq~1absent.

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PB #12-54:   1  Ramland Road Site Plan -1547   – Preliminary  Site Plan

Approval  Subject to Conditions/ Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

March 27, 2013

Page 13of13

 

 

 

Continuation of Overrides ….

 

#15) The  application form,  part  1  ,    and the  Short Environmental Assessment Form show that the proposed building will be 250,000, while the site plan shows it to be 230,000 square feet. All material shall be consistent.

 

The Board held that the applicant submitted a Full Environmental Assessment Form, which was consistent with the all the material submitted.

 

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

 

 

 

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

 

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

 

Dated: March 27, 2013

Town of Orangetown  Planning  Bo

attachment

 

 

State  Environmental     Quality   Review  Regulations

NEGATIVE  DECLARATION

Notice  of Determination    of Non-Significance

 

 

PB #12-54:  1  Ramland Road Site Plan –  1547 –  Preliminary  Site Plan

Approval  Subject to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

March 27, 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:  1   Ramland Road Site Plan -1547   –  Preliminary  Site

Plan Approval  Subject to Conditions/  Neg. Dec.

 

SEQR  STATUS:       Type I                                        Unlisted   XXXXXX

CONDITIONED   NEGATIVE   DECLARATION:    Yes                  No   XXXXXX DESCRIPTION   OF ACTION:  Site Plan Review

LOCATION:  The site is located at One Ramland  Road, Tappan,  Town of Orangetown,  Rockland  County,  New York, and as shown on the Orangetown  Tax Map as Section  73.20,  Block  1, Lots 23 & 24 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 o~ existing  external  traffic patterns.  ln 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

 

PB #13-10:  Henry  Kaufmann  Campgrounds,   Inc. Conditional Use Permit

Granted  I Neg. Dec.

 

 

Town of Orangetown Planning Board Decision

March 27, 2013

Page 1of5

 

 

TO:        Cheryl  Dean Ward,  Henry Kaufmann  Campgrounds,   667 Blauvelt  Road, Pearl River, New York  10965

FROM:   Orangetown  Planning  Board

 

 

RE:     Henry Kaufmann  Campgrounds,   lnc. Conditional  Use Permit: The application  of Henry Kaufmann  Campgrounds,   Inc., applicant,  for UJA Federation of New York, owner, for Conditional  Use Permit  Review,  Prepreliminary/ Preliminary/  Final Review,  (Donald  Brenner,  attorney  for the applicant),   at a site known as “HenryKaufmann Campgrounds, Inc. ConditionalUse 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.  The site is located  at 667 Blauvelt  Road, Pearl

River, Town of Orangetown,  Rockland  County, New York, and as shown on the Orangetown  Tax Map as Section  69.14,  Block 1, Lot 28 & Section  69.10,  Block 2, Lot 21 in the R-80 zoning district.

 

Heard by the Planning  Board of the Town  of Orangetown  at a meeting  held Wednesday, March 27, 2013, at which time the Board made the following determination:

 

Jeff Coopersmith,  Cheryl  Dean Ward,  Jay Greenwell  and Donald  Brenner appeared  and testified.

The Board received the following  communications:

1. Project Review Committee Report dated  March 20, 2013.
2. An interdepartmental  memorandum   signed  by John Giardiello,  P.E., Director of the Office of Building,  Zoning and Planning  Administration   and Enforcement, Town  of Orangetown,  dated  March 27, 2013.
3. An interdepartmental  memorandum   signed by Bruce Peters,  P.E., Department

of Environmental  Management   and Engineering  (DEME),  Town  of Orangetown, dated  March 21, 2013.

4. A letter from Rockland County Department  of Planning, Thomas  Vanderbeek,

P.E., Commissioner   of Planning,  dated  March 26, 2013.

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

Sonny  Lin, P.E., dated  March  14, 2013.

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

Joseph  LaFiandra,  Engineer  ll, dated  March 19, 2013.

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

Scott McKane.  P.E., Senior  Public Health Engineer,  dated  March 6, 2013.

8. A letter from the Rockland County Drainage  Agency,  signed by Vincent Altieri, Executive  Director,  dated  March  13, 2013.
9. A letter from the Town of Orangetown Zoning Board of Appeals,  signed by

Daniel Sullivan,  Chairman,  dated March  6, 2013.

1 O. A Short Environmental  Assessment   Form signed  by Jeffrey  Coopersmith,

Executive  Director,  dated  February  25, 2013.

 

PB #13-10:  Henry  Kaufmann   Campgrounds,     Inc. Conditional    Use Permit

Granted  I Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

March 27, 2013

Page 2 of 5

 

 

 

11. A letter from the Henry Kaufmann Campgrounds, Inc., signed by Cheryl Dean

Ward, Director of Events and Food Service.

12. Site Plan prepared by Jay Greenwell, PLS, entitled “Family Recreation Park”, dated March 20, 2013.
13. Copy of.Building Permit application, dated February 28, 2013. The Board reviewed the Plan

Public Comments:

Lama Carroll, 62 McKinley Street   Raised concerns regarding traffic and security to the Reid and McKinley entrance to camp.

 

Robert Beers, 81 Sickletown Road: Expressed concerns to night time camping and a public address system on the property. He felt it would be a nuisance to the neighborhood.

 

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

William Young and second by Jeffrey Golda and carried as follows:

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

William Young, aye; Robert Dell, aye; John Foody, absent 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

Jay Greenwell, PLS, 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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PB #13-10:  Henry  Kaufmann  Campgrounds,  Inc. Conditional  Use Permit

Granted  I Neg. Dec.

 

 

Town of Orangetown  Planning  Board Decision

March  27, 2013

Page 3 of 5

 

 

 

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 Highways,  Rockland  County Sewer No. 1, Rockland  County  Drainage  Agency,  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;

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

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

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

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

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

 

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

 

 

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PB #13-10:  Henry Kaufmann  Campgrounds,   Inc. Conditional Use Permit

Granted I Neg. Dec.

 

 

Town of Orangetown Planning Board Decision

March 27, 2013

Page 4 of 5

 

 

 

• 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.

 

• The proposed location and height of the building, fences and landscaping 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,the approval is SUBJECT TO THE FOLLOWING CONDITIONS:

1. The applicant wishes to open the pool facilities to the general public for weekend use (Friday evenings, Saturdays, Sundays and Holidays). A Conditional Use Permit Approval for “Private Swim Club” is needed. No changes are being proposed to the actual facilities at this time.

 

2. The concession stand will serve packaged food only. No cooking will be done at the concession stand.

 

3. Rockland County Department of Planning had the following comments which are incorporated herein as conditions of approval:
4. The conditions of the Rockland County Department of Highways letter dated March 14, 2013 must be met. All required permits must

be obtained.

1. The comments in the March in the March 13, 2013 letter from the

Rockland County  Drainage Agency  must be  integrated into the

Conditional Use Permit request.

1. The comments  in the  March 6,  2013  letter from  the  Rockland

County Department of Health must be addressed.

 

4. The Rockland County Department of Highways held that the proposed community swim facility for weekend use on non-camp hours should have minimum impact on the county road as long as that the south access point near the  bend on  Sickletown  Road is shown not to  be used for this conditional use.

 

5. The Rockland County Department of Health reviewed the application for a

Conditional Use Permit to use the existing facility as a private swim club on weekends and holidays and found that the applicant should be made

aware that the change in use may require additional permits from the

County Health Department.

 

PB #13-10:  Henry Kaufmann  Campgrounds, Inc. Conditional Use Permit

Granted I Neg. Dec.

 

 

Town of Orangetown   Planning Board Decision

March 27, 2013

Page 5 of 5

 

 

 

6. Based upon Rockland County Drainage Agency (RCDA) evaluation of available mapping, it has been determined that the parcel located at 667

Blauvelt Road, Pear River, is within RCDA jurisdiction.  However, the current proposal, under review by the Town of Orangetown Planning

Board is for a conditional use Permit.  Construction activity is not proposed at this time; therefore a stream Control Act Permit from the RCDA will not be required. Any future decisions or determinations made by the Town of Orangetown land use boards should indicate that this parcel is within the jurisdiction of the RCDA and that a Stream Control Act Permit from the RCDA is required prior to any proposed construction, fill placement or any other land disturbance at this site.

 

 

7. 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

– Rockland County Sewer District #1

– Rockland County Department of Highways

– Town of Orangetown Zoning Board of Appeals

– Rockland County Drainage Agency

 

Override

The Board made a motion to override Condition #4 of the March 26, 2013 letter from Rockland County Department of Planning, signed by Thomas Vanderbeek, P.E., Commissioner of Planning, for the following reasons:

 

#4. A Parking table must be provided to show the parking needs for the more intense use. Adequate parking must be provided on site for this increased use. A more detailed site plan may need to be provided to highlight the areas where additional parking must be supplemented to accommodate the community use.

 

The Board held that there is adequate and existing parking on site.

 

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

 

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

aye; Robert Dell, aye; Michael Mandel, aye; John Foody, absent; 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.         (‘.    J                                             ·                                                                               ,

Dated: March 27, 2013        U  1-0 –   ~~Kft;

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State  Environmental     Quality   Review  Regulations

NEGATIVE   DECLARATION

Notice  of Determination     of Non-Significance

 

PB #13-1 O:  Henry Kaufmann  Campgrounclls, Inc. Conditional Use Permit

Granted I Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

March 27, 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: Henry Kaufmann  Campgrounds,  Inc. Conditional  Use

Permit

 

SEQR STATUS:     Type I                                       Unlisted XXXXXX

CONDITIONED NEGATIVE DECLARATION: Yes                No  XXXXXX

DESCRIPTION OF ACTION: Conditional  Use Permit Granted I Neg. Dec. LOCATION: The site is located at 667 Blauvelt Road, Pearl River, Town of

Orangetown, Rockland County, New York, and as shown on the Orangetown Tax

Map as Section 69.14, Block 1, Lot 28 & Section 69.10, Block 2, Lot 21 in the R-

80 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, aqrlcultiiral 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

 

PB #13-11:  Walther Minor Subdivision; Preliminary Subdivision  Plan subject to Conditions/ Neg. Dec.

 

 

Town  of Orangetown Planning Board  Decision

March 27,  2013

Page 1  of 11

 

 

 

TO:

 

FROM:

Donald  Brenner,  P.E.,  LLB., 4 Independence Avenue,  Tappan, New York 10983

Orangetown Planning Board

 

 

RE:               Walther Minor Subdivision Plan: The application   of Sue Walther, owner, for Prepreliminary/ Preliminary  Subdivision   Plan  Review (Donald  Brenner, attorney for the owner), at a site to be known as “Walther Minor 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 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 694 Oak Tree

Road, Palisades,  Town of Orangetown,  Rockland County, New York, and as

shown on the Orangetown Tax Map as Section 78.17,  Block 2, Lot 20 in the R-40 zoning district.

 

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

Wednesday,   March 27, 2013, the Board made the following determinations:

 

Donald Brenner, Jay Greenwell, William and Sue Walther appeared and testified. The Board received the following communications:

1. Project Review Committee Report dated March 20, 2013.
2. An interdepartmental memorandum from the Office of Building, Zoning,

Planning Administration and Enforcement, Town of Orangetown,  signed by

John Giardiello,   P.E.,  Director,  dated March 27, 2013.

3. 3. An Interdepartmental memorandum from the Department of Environmental

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

Bruce Peters,  P.E., March 21,  2013.

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

March 21 & 26, 2013.

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

Thomas Vanderbeek, P.E.,  Commissioner of Planning, dated March 22, 2013.

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

Sonny  Lin, P.E.,   March 13,  2013.

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

Joseph LaFiandra,  Engineer II,  dated March 19,  2013.

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

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

February 27,  2013.

9. A letter from the Rockland County Drainage Agency, signed by

Vincent Altieri, Executive Director, dated March 11,  2013.

 

PB #13-11:  Walther Minor Subdivision; Preliminary Subdivision Plan subject to Conditions/ Neg. Dec.

 

Town  of Orangetown  Planning  Board  Decision

March 27, 2013

Page 2of11

 

 

10. An interdepartmental memorandum from the Bureau of Fire Prevention,

Town of Orangetown, signed by Michael B. Bettmann, Chief Fire Inspector, dated

March 8, 2013.

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

Daniel W. Sullivan, Chairman, dated March 6, 2013.

12. Subdivision Plan prepared by Jay Greenwell, PLS, dated

December 21, 2012:

Sheet 1  of 2: Subdivision of Property, revised January 23, 2013

Sheet 2 of 2: Grading, Drainage & Utility Plan, revised January 31, 2013

13. A Short Environmental Assessment Form signed by Sue Walther, dated

February 19, 2013.

14. Submitted at the meeting by the applicant, a report entitled “Proposal for Flag

Lot Subdivision of 694 Oak Tree Road Palisades, New York 10964″

15. Submitted at the meeting, a copy of a letter, with attachments from Jay Greenwell, PLS, to Ken DeGennaro, P.E., Drainage Consultant to the Planning Board, dated March 27, 2013.
16. Walther Subdivision Drainage Analysis, dated January 28, 2013, signed and sealed by Edward Maikish, P.E.

 

PublicComment:

Larry Bucciarelli, 700 Oak Tree Road: requested that the applicant consider screening the home in the rear lot.

 

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

Robert Dell, aye; John Foody, absent; Jeffrey Golda, aye and Kevin Garvey, aye;

the Board declared itself Lead Agency.

 

PB #13-11:  Walther Minor Subdivision; Preliminary Subdivision Plan subject to Conditions/ Neg. Dec.

 

 

Town of Orangetown   Planning  Board  Decision

March 27, 2013

Page 3of11

 

 

 

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 Jay Greenwell, PLS and having heard from the following offices, officials and/or Departments: (Town of Orangetown): Project Review Committee, Office of Building, Zoning, Planning Administration and Enforcement and Department of Environmental

Management and Engineering; and having heard from the following involved and interested agencies: Town of Orangetown Zoning Board of Appeals, Rockland County Department of Health, Rockland County Sewer District No.1, Rockland County Department of Highways and having reviewed a proposed Subdivision plan by prepared by Jay Greenwell, PLS a summary of the reasons supporting this determination are, and the Planning Board finds, that the proposed action:

 

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

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

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

-Will not significantly affect existing traffic levels;

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

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

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

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

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

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

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

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

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

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

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

-Will not create a hazard to human health; and

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

 

 

 

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PB #13-11:  Walther Minor Subdivision; Preliminary Subdivision Plan subject to Conditions/ Neg. Dec.

 

Town  of Orangetown Planninq  Board Decision

March 27, 2013

Page 4of11

 

 

 

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

 

DECISION:  In view  of the foregoing and the testimony before the Board, the application was GRANTED  A PRELIMINARY   APROVAL SUBJECT  TO THE FOLLOWING  CONDITIONS:

 

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

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

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

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

 

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

 

3. The following Zoning Board of Appeals  Variances  need to be sought from the

Town  of Orangetown  Zoning  Board of Appeals:

 

1. A) Lot #1:

• Minimum Lot Width  of 150 feet  is required  and 135 is existing,
• Minimum Front Yard of 50 feet  is required  and 39.2 feet is existing,
• Minimum Side Yard of 30 feet  is required  and 8.5 feet is existing,
• Total Side Yards of 80 feet is required  and 52.9 feet is proposed,  and
• Maximum Building  Height of 5. 7 feet  is allowed  and an existing  height shall be provided  by the applicant’s  surveyor.

 

B} Lot #2:

• Minimum Lot Width of 150 feet is required and 135 is existing,  and
• Minimum Street Frontage  of 100 feet is required  and 20.17 feet

proposed.

 

1. Lots #1 and #2:

• Gravel Driveway Variances  required.

 

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

 

 

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PB #13-11:  Walther   Minor  Subdivision;   Preliminary    Subdivision   Plan subject   to Conditions/  Neg.  Dec.

 

Town  of Orangetown    P-lanning  Board  Decision

March  27, 2013

Page 5of11

 

 

 

5. The proposed dwelling shall be reviewed by the Town of Orangetown Historic

Areas Board of Review.

 

6. The Site and Landscaping Plans shall be reviewed by the Town of

Orangetown Architecture and Community Appearance Board of Review.

 

7. The drainage calculations are currently under review by DEME.

 

8. Details for the amount and type of plantings for the proposed rain garden shall be provided on the plans.

 

9. A detail for the proposed gravel driveway shall be provided on the plans. The applicant is reminded that the driveway must support the weight of emergency vehicles.

 

10. The invert elevation of the proposed sanitary house connection for Lot #2 shall be given on the plans.

 

11. The metes and bounds for the proposed sanitary house connection for

Lot #2 shall be given on the plans.

 

12. The Drainage Consultant to the Planning Board, Brooker Engineering reviewed the application and found the application sufficiently demonstrates that potential significant adverse impacts with respect to drainage can be mitigated. The consultant therefore recommends that the Walther Subdivision be approved for drainage subject  to the following  comments:

 

The project is a proposed two lot subdivision; there is an existing house to

remain along the Oak Tree Road frontage and the proposed lot is located behind the existing house, The property to the west is owned by the South Orangetown

School District and there is an existing school building located about five feet from the property line.

 

Project  Comments

( 1) There are several large trees near the north corner of the school building that do not appear on the mapping; this shall be verified.

(2) A swale shall be added in the rear yard of the proposed house that diverts

stormwater runoff around the house.

(3) The existing ditch that crosses under the proposed driveway shall be addressed. Either the portion of the ditch on the south side of proposed driveway should be filled, or a drainage pipe under the driveway should be added.

 

PB #13-11:  Walther Minor Subdivision; Preliminary Subdivision Plan subject to Conditions/ Neg. Dec.

 

Town  of Orangetown Planning Board Decision

March 27, 2013              · Page 6of11

 

Continuation of Condition #12 …..

 

 

(4) The spillway width of the rain garden shall be shown on the Rain Garden Detail and Site Plan. A plan view of the Rain Garden shall be added to the detail. The proposed contours around the rain garden shall coordinate with the Rain Garden Detail; the top of rain garden is shown as elevation 189.5 and the

spillway at elevation 189.0.

(5) The Rain Garden underdrain invert is elevation 187.0 and the pipe outlet discharges at elevation 187.0. The underdrain pipe diameter and slope from the Drainage Report shall be added to the Site Plan. The elevation of the underdrain outlet shall be verified as providing a positive outlet.

(6) For ease of inspection, maintenance, and enforcement, the note on the Rain Garden Detail, “Rain Garden shall be planted with appropriate plants and shrubs as recommended by the Cornell Cooperative Extension”, shall be modified and the Site Plan shall provide a list of plants and shrubs from which the owner may select

(7) The proposed driveway shall be extended to the dwelling and garage. A

reasonable amount of sidewalks, patios, and decks shall be shown on the plan

 

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

Department of Highways letter dated March 13, 2013 must be met.  All required permits must be obtained.

 

1. As stated in the  March  11, 2013  letter from  the  Rockland County Drainage Agency, the subdivision plan must be reviewed and signed by the  Chairman  of  the  Rockland  County  Drainage  Agency  before the Rockland County Clerk can accept the plan to be filed.

 

1. The condition in the  February 27m  2013  letter from the  County of

Rockland Department of Health must be met.

 

1. This application proposes to create two undersized lots, one of which is also encumbered with federal wetlands. Since similar sized and larger parcels are contiguous to and  nearby this  property,  Rockland County Department of Planning cautions the Town to consider the precedent that may be set if this subdivision is approved.   Other property owners may also request subdivisions of substandard lots, undermining the intent of the zoning ordinance.

 

1. 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.

 

PB #13-11:  Walther Minor Subdivision; Preliminary Subdivision Plan subject to Conditions/ Neg. Dec.

 

 

Town  of Orangetown Planning Board  Decision

March 27, 2013

Page 7of11

 

 

Continuation of Condition #13 …..

 

 

1. There shall be no net increase in stormwater runoff from the site at all design points.

 

 

29. The map notes contain two #28 notes. The second note shall be renumbered to be #29.

 

 

1. A conservation easement shall be added to the portion of the property on Lot #2 that is located within the federal wetlands. The clearing limits must be clearly delineated in the field prior to any grading or construction on site to avoid any encroachments into this area. In addition, the conservation easement boundary shall be recorded in the deed so that all future property owners are aware of its existence and restrictions. Jt must be stated that no grading, structures, or other manmade features are to be placed within this easement area.  This document is subject to review and approval in substance and form by the DEME and the Town of

Orangetown Town Attorney’s Office.

 

 

1. A Stormwater pollution prevent plan (SWPPP) was not provided.  A SWPPP, if required, shall conform to the current regulations, including the New York State Stormwater Management and Design Manual (August

2010) and local ordinances.

 

 

14. Rockland County Department of Highways reviewed the plans and offered the following remarks:

– The existing property is located at the proximity of Oak Tree Road and skewed Closter Road Junction.  Palisades Post Office is nearby across the street. The crosswalk on Oak Tree Road shall be shown on the drawing.  Due to the limited sight distance and various constraints, it is recommended that access to the existing dwelling be restricted to one-way entry and the  proposed commonly shared exit be shown to be perpendicular to Oak Tree Road.

– A Rockland County Highway Department VVork Permit will be required for the proposed development and must be obtained prior to start of any construction on site.

 

15. 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 no future correspondence is requested for this site.

 

16. The Rockland County Department of Health (RCDOH) reviewed the plans and found that application is to RCDOH for review of the Stormwater Management system for compliance with the County Mosquito Code.

 

PB #13-11:  Walther Minor Subdivision; Preliminary Subdivision Plan

subjectto Conditions/Neg. Dec.

 

Town of Orangetown Planning Board !Decision

March  27, 2013

Page 8of11

 

 

 

 

17. Based upon Rockland County Drainage Agency (RCDA) evaluation of available mapping  and information submitted, the site has been determined to be outside the jurisdiction of the RCDA. Therefore, a permit from the RCDA

pursuant to the Rockland County Stream Control Act would not be requested for any proposed construction at this site.  The Rockland County Stream Control Act, Chapter 846,  requires that all subdivision maps must be signed by the Chairman

of the Rockland County Drainage Agency before the Rockland County Clerk will accept same for filing.

 

18. The Town of Orangetown Bureau of Fire Prevention reviewed the plans and offered the follow comments which are incorporated herein as conditions of approval:
19. a. The entire  length of the joined  entrance way leading to the rear lot (lot

#2,  the newly created lot) must be a minimum of 20 feet wide and shall have no parking at all times.

1. b. The driveway must be stabilized to support  the weight of Fire

Apparatus.

19. 19. The New York State Department of Transportation   reviewed the plans and have no further commen

 

20. 20. 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 Highways

– Rockland County Sewer District #1

– New York State Department of Transportation

– Rockland County Department of Health

– Town of Orangetown Zoning Board of Appeals

 

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

Preparation of Subdivision  Plats prior to signing the final  plans.

 

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

 

23. 23. Where a reservation of land for recreation  purposes has been deemed by the Planning  Board to be inadequate,   Money in  Lieu of Land for recreation  purposes must be collected in  accordance  with Section  21-20 of the Land Development Regulations ($9,000  for every vacant new residential  lot).  In addition,  for every new vacant residential   lot,   $80.00 will be collected for the  Stream Maintenance Fund.

 

PB #13-11:  Walther   Minor  Subdivision;  Preliminary    Subdivision   Plan subject   to Conditions/  Neg.  Dec.

 

Town  of Orangetown    Planning   Board  Decision

March  27, 2013

Page 9of11

 

 

 

 

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 §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.

 

 

25. 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 1 O  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.

 

26. All landscaping shown on the subdivision plan 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.

 

PB #13-11:  Walther   Minor  Subdivision;   Preliminary    Subdivision    Plan

subject  to Conditions/ Neg. Dec.

 

 

Town of Orangetown  Planning  Board Decision

March 27, 2013

Page 10of11

 

 

 

 

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 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).

 

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.

 

PB #13-11; Walther Minor Subdivision; Preliminary Subdivision Plan subject to Conditions/ Neg. Dec.

 

Town of Orangetown  Plannilng Board Decision

March 27, 2013

Page 11of11

 

 

 

Overrides

The Board made the following  motions to override  Conditions  #8, #9, & #13 of the March 22, 2013 letter from Rockland  County  Department  of Planning,  signed by Thomas  Vanderbeek,  Commissioner   of Planning, for the following  reasons:

 

#8) Map note #14 indicates  that there  is a private well for the existing  house on Lot #4, however there are only two lots proposed.   This map note must be corrected.

 

The Board held that the condition  is not valid since the subdivision  plan does not contain  a private well.

 

A motion to override  the condition  was made and moved by William  Young and seconded  by Michael  Mandel and carried as follows:  Bruce Bond,

aye; Kevin Garvey,  aye; Robert Dell, aye; Michael  Mandel, aye; Jeffrey

Golda, aye; William  Young,  aye and John Foody, absent.

 

#9) The location of the existing well must be shown  on the Site Plan.

 

The  Board held that the condition  is not valid since the subdivision  plan does not contain  a private well.

 

A motion to override  the condition  was made and moved by William  Young and seconded  by Michael  Mandel and carried as follows:  Bruce Bond,

aye; Kevin Garvey,  aye; Robert Dell, aye; Michael  Mandel, aye; Jeffrey

Golda, aye; William  Young,  aye and John Foody, absent.

 

#13. The location area for Lot #1 should  be further  reduced to account  for the access  easement  that  is being  proposed to serve lot #2.

 

The Board held that the lot area for a new access  easement  cannot be reduced from the land area if there is an existing easement  serving the site.

 

A motion to override  the condition  was made and moved by William  Young and seconded  by Michael  Mandel and carried  as follows:  Bruce Bond,

aye; Kevin Garvey,  aye; Robert Dell, aye; Michael  Mandel, aye; Jeffrey  Golda, aye; William  Young,  aye and John  Foody, absent.

 

The foregoing  Resolution  was made and moved by Michael Mandel  and

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

 

The Clerk to the Board is hereby authorized,  directed  and empowered  to sign this

D

Decision and file a certified  copy in the Office of the Town Clerk and the Office of the Planning  Board.                  _    n                                                                       ~

Dated: March 27, 2013       ~.Q.,lo~(-r’vi11\                   ·.

Town of Orangetown Planning Board      D                                    _

 

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State  Environmental Quality Review  Regulations

NEGATIVE  DECLARATION

Notice of Determination of Non-Significance

 

 

PB #13-11:  Walther Minor Subdivision; Preliminary Subdivision Plan subject to Conditions/ Neg. Dec.

 

Town  of Orangetown   Planning  Board  Decision

March 27, 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: WaltherMinorSubdivision

 

SEQR STATUS:     Type I                                   Unlisted XXXXXX

CONDITIONED NEGATIVE  DECLARATION: Yes                No  XXXXXX

 

DESCRIPTION OF ACTION: WaltherMinorSubdivision-Preliminary

SubdivisionPlan subjectto Conditions/Neg. Dec.

 

LOCATION: The site is located at 694 Oak Tree Road, Palisades, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 78.17, Block 2, Lot 20 in the R-40 zoning district.

 

REASONS SUPPORTING THIS DETERMINATION:

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

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

The project will not have a significant impact upon the environment and a DEIS

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

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

attachment.

For Further Information contact:

John Giardiello, P.E., Director, Office of Building, Zoning and Planning

Administration and Enforcement

Town of Orangetown

20 Greenbush Road

Orangeburg, NY 10962

Telephone Number: 845-359-5100

For Type I  Actions and Conditioned Negative Declarations, a copy of this notice

is sent: – Commissioner, New York State Department of Environmental Conservation, – Region 3 Headquarters, Town Supervisor, Applicant,  Involved Agencies

 

PB #12-35:  Organic Recycling  Commercial  Subdivision  of Space  – Preliminary  Approval  Subject to Conditions

 

Town  of Orangetown  Planning  Board  Decision

March  27, 2013

Page 1of7

 

TO:	Donald  Brenner, 4 Independence	Avenue,   Tappan,
FROM:	New York  10983 Orangetown  Planning Board

 

RE:     Organic  Recycling  –  Outside  Commercial  Subdivision  of Space  Plan: The application  of Organic Recycling,  applicant,  and Joseph  Appleman/  Binnel Associates,  owner,  (Donald  Brenner,  attorney  for the owner), for Prepreliminary/ Preliminary/  Final Outside  Commercial  Subdivision  of Space  Plan Review,  at a site known as “Organic Recycling –  Outside  Commercial  Subdivision  of Space  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  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 17A Route 303, Tappan,  Town  of Orangetown,  Rockland  County,  New York, and as shown on the Orangetown  Tax Map as Section  74.19, Block 1, Lot 3 in the LI zoning district.

 

Heard by the Planning  Board of the Town of Orangetown  at meetings  held, Wednesday,    July  18, 2012,  and  March  13 & 27J 2013, at which time the Board made the following  determinations:

 

July  18, 2012

Donald  Brenner  and Cassandra  Lim appeared  and testified for the applicant. The Board received the following  communications:

1. Project Review Committee Report dated July 11, 2012.
2. Interdepartmental memorandum  from the Office of Building, Zoning,  Planning

Administration   and Enforcement,  Town  of Orangetown,  signed  by

John Giardiello,  P.E., Director, dated  July 18, 2012.

3. An interdepartmental memorandum  from the Department  of Environmental Management  and Engineering  (DEME),  Town of Orangetown,  signed  by Bruce Peters,  P.E., dated July 12, 2012.
4. Letters from Rockland County  Planning  Department,  signed  by

Thomas  B. Vanderbeek,   P.E., Commissioner  of Planning,  dated July 16, 2012.

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

Joseph Arena,  Principal  Engineering  Technician,  dated July 9 & 10, 2012.

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

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

June  18 & 19, 2012.

 

PB #12-35:  Organic   Recycling   Commercial    Subdivision  of Space  – Preliminary    Approval   Subject to Conditions

 

Town  of Orangetown    Planning   Board  Decision

March  27~ 2013

Page 2of7

 

 

 

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

Joseph La Fiandra, Engineer I, dated June 14, 2012.

8. A letter from the Rockland County Drainage Agency, signed by Vincent Altieri, Executive Director, dated June 21, 2012.
9. A letter from the New York State Department of Transportation, signed by

Mary Jo Russo, Rockland County Permit Engineer, dated June 12, 2012.

10. A letter from the New York State Department of Transportation,

SEQRA/HWP Unit, signed by Ursus ldosu, MBA, PE., PTOE, dated

July 11, 2012.

11. A letter from the Palisades Interstate Park Commission, Office of Parks Recreation and Historic Preservation, signed by Karl B. Roecher, Landscape Architect, dated July 10, 2012.
12. Letters from the New York State Department of Environmental Conservation, Division of Environmental Permits, Region 3, signed by Janet Swentusky, dated June 11, 2012.
13. A letter from the Town of Orangetown Zoning Board of Appeals, signed by

William Mowerson, Chairman, dated June 6, 2012.

14. Plans prepared by Kurian L. Kalarickar, P.E., dated February 21, 2012.
15. A Short Environmental Assessment Form signed by Cassandra Lim, dated

March 3, 2012.

 

No public  Comments

 

The applicant requested a CONTINUATION.

 

March  13, 2013

Donald Brenner, Jay Greenwell and Cassandra Lim appeared and testified for the applicant.

 

The Board received the following communications:

1  .  Project Review Committee Report dated March 6, 2013.

2. Interdepartmental memorandum from the Office of Building, Zoning, Planning

Administration and Enforcement, Town of Orangetown, signed by

John Giardiello, P.E., Director, dated March 13, 2013.

3. An interdepartmental memorandum from the Department of Environmental

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

Bruce Peters, P.E., dated March 8, 2013.

4. A letter from Rockland County Planning Department, signed by Thomas B. Vanderbeek, P.E., Commissioner of Planning, dated February 20, 2013.
5. A letter from Rockland County Department of Health, signed by

Scott McKane. P.E., Senior Public Health Engineer, dated· February 7, 2013.

 

PB #12-35:  Organic   Recycling   Commercial    Subdivision  of Space  – Preliminary  Approval  Subject   to Conditions

 

Town  of Orangetown    Planning   Board  Decision

March  27, 2013

Page 3of7

 

 

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

Mary Jo Russo,  P.E., Rockland  County  Permit  Engineer,  dated March 7, 2013.

7. Plans entitled Organic Recycling  Outdoor  Commercial  Subdivision  of Space, prepared  by Jay Greenwell,  PLS; dated  November  30, 2012:

Sheet  1: Site Plan for Organic  Recycling

Sheet 2: Site Plan for Organic  Recycling

8. A copy of the Short Environmental Assessment  Form signed by

Cassandra  Lim, dated  March 3, 2012.

The applicant  requested  a CONTINUATION. March 27, 2013

Donald  Brenner, Jay Greenwell  and Cassandra  Lim appeared  and testified  for the applicant

 

The Board received the following  communications:

1. Project Review Committee Report dated March 20, 2013.

 

 

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

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

John Foody, absent;  Michael Mandel,  aye, 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  Board will have any significant  involvement  in the review process,  pursuant  to Section  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, aye;

John  Foody, absent;  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

Jay Greenwell,  PLS, and having heard from thefollowing    offices,  officials  and/or

Departments:  (Town of Oran~!W):~~’H)         ~           Committee,  Office of

Building  Zoning,  Planning  Ad. m.               i.ni.st.   ra. tion rl1.· <fli1fffff.  .           ment and Department  of

 

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PB #12-35:  Organic   Recycling   Commercial    Subdivision  of Space  – Preliminary  Approval  Subject to Conditions

 

Town  of Orangetown    Planning   Board  Decision

March  27, 2013

Page 4of7

 

 

Environmental   Management  and Engineering,  and having  heard from the following  involved  and interested  agencies:  New York State Department  of Environmental  Conservation,  Rockland  County  Department  of Highways, Rockland  County  Drainage Agency,  Rockland  County  Sewer  No. 1,  New York State Department  of Transportation,   Town  of Orangetown  Zoning  Board of Appeals,  Rockland  County  Department  of Health,  Rockland  County  Department of Planning,  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;

-ls 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 Jeffrey  Golda and carried as follows: Kevin Garvey,  aye; Michael  Mandel,  aye; Bruce Bond, aye; Robert Dell, aye; John  Foody, absent;  William  Young,  aye; 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 application  was  GRANTED  A PRELIMINARY  COMMERCIAL SUBDIVISION APPROVAL   SUBJECT  TO THE FOLLOWING CONDITIONS:

 

1. The following note shall be placed on the Subdivision 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 #12-35:   Organic  Recycling  Commercial  Subdivision  of  Space  – Preliminary  Approval  Subject  to  Conditions

 

Town   of Orangetown   Planning  Board   Decision

March   27,  2013

Page  5of7

 

 

 

2. The following note shall be placed on the Subdivision Plan regarding Stormwater Management Phase I I 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. Item #12 of the Short Environmental Assessment Form needs to be answered

“yes” and “revised Certificate of Occupancy issued” added to line 12.

 

4. The subdivision plan shall show the “Muli purpose parking layout” area as lease lines.

 

5. Clarify if the 4 parking lots, A, B, C, and D, are to be used as overnight storage and label the plans accordingly. In the event that the parking lots are to be used to overnight, the applicant shall make application to the Town of Orangetown Zoning Board for a variance for overnight parking.

 

6. The applicant shall define what is to be stored outside and where, since runoff form this site eventually enters the Sparkill Creek. The applicant shall demonstrate how grease/ oils/ gases, etc. from vehicles or equipment stored outside or inside shall be contained/ treated/ disposed of; to ensure that they do not enter the adjacent stream.

 

7. The hours of operation for the proposed storage areas shall be defined on the plans.

 

8. Rockland County Department of Planning had the following comments which are incorporated herein as conditions of approval:
9. An updated review must be completed by the Palisades Interstate Park

Commission, and any required permits obtained.

1. A review must be completed by the  County of  Rockland Drainage

Agency and any required permits obtained.

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

Transportation, and all required permits obtained.

1. The Town shall be satisfied that all of the applicable provisions of the

Route 303 Overlay Zone have been addressed.

1. A review must be completed by the County of Rockland Department of

Health and any required permits obtained.

 

9. Rockland County Health Department found that there are no Health

Department approvals needed for this application.

 

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

 

 

PB #12M35: Organic  Recycling  Commercial  Subdivision  of Space – Preliminary  Approval  Subject  to Conditions

 

Town of Orangetown  Planning  Board Decision

March 27, 2013

Page 6of7

 

 

 

11. Based upon Rockland County Drainage Agency (RCDA) evaluation of available mapping and information submitted, it has been determined that the parcel located at 117A Route 303, Tappan, is within RCDA jurisdiction. However, the current proposal, under review is for the subdivision of outside commercial space for contractor parking (existing area). Construction activity is

not proposed at this time; therefore, a permit from the RCDA will not be required. If any future decisions or determinations are made by the Town of Orangetown regarding this parcel should indicate that it is within the within the jurisdiction of the RCDA and that a permit from the RCDA is required prior to any future proposed construction and/or land disturbance at this site.

 

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

Preparation of Site Plans prior to signing the final plans.

 

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

 

Overrides

The Board made a motion to override Conditions #4, #5 and #6 of the

February 20, 2013 letter from Rockland County Department of Planning, signed by Thomas Vanderbeek, Commissioner of Planning, for the following reasons:

 

#4. A more detained landscaping plan shall be submitted for Rockland County Planning review. The plan shall provide specifics as to where each type of landscaping is proposed. Sufficient landscaping must be provided to help shield the use from the parkway.

 

The Board held that the applicant is not changing the landscaping plan. The plan will be supplemented with a 10 foot vegetative buffer to replace a

20 foot buffer.

 

A motion to override the condition was made and moved by Michael Mandel and seconded by Bruce Bond and carried as follows: Bruce Bond, aye; Kevin Garvey, aye; Robert Dell, aye; Michael Mandel, aye;

Jeffrey Golda, aye; William Young, aye and John Foody, absent.

 

#5. A lighting plan shall be provided that shows fields of illumination and signage. Lighting shall not shine beyond the property line or into the State right of way.

 

The Board held that the facility is an existing use and no new lighting will be installed.

 

A motion to override the condition was made and moved by Michael Mandel and seconded by Bruce Bond and carried as follows: Bruce Bond, aye; Kevin Garvey, aye; Robert Dell, aye; Michael Mandel, aye;

Jeffrey Golda, aye; William Young, aye and John Foody, absent.

 

 

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PB #12-35:  Organic Recycling Commercial  Subdivision of Space – Preliminary Approval Subject to Conditions

 

Town of Orangetown  Planning Board  Decision

March 27, 2013

Page 7of7

 

 

Overrides Continued…..

 

 

#6. An undisturbed,  vegetated  20 feet buffer area must be maintained along  the property  line adjacent  to the Palisades  Interstate  Parkway.   The intent  of this buffer is to not only protect the visual integrity  of the Parkway, but to  preserve  the existing  vegetation  and root systems from damage  due to adjacent  construction/  on site activities.   This area must be clearly delineated  on the map, and on the deed so that future  property owners  are aware of this restriction,  and all structures  kept out of this buffer area.

 

The Board held that the Palisades  Interstate  Parkway  shall provide  an updated  review at Final Review  of the project  before the Board.

 

A motion to override  the condition  was made and moved by

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

 

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

 

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

Dated: March27,2012    (l  l •    (}  ,~~

Town  of Orangetown  Pia~’~

 

PB #12-35:  Organic  Recycling  Commercial   Subdivision of Space – Preliminary Approval Subject to Conditions

 

Town  of Orangetown  Planning   Board  Decision

March 27, 2013

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:   OrganicRecycling –  Outside Commercial Subdivisionof

Space Plan

SEQR  STATUS:        Type  I                               Unlisted   XXXXXX

CONDITIONED   NEGATIVE   DECLARATION:    Yes                  No   XXXXXX

 

DESCRIPTION OF ACTION: OrganicRecycling Commercial Subdivisionof

Space -PreliminaryApprovalSubjectto Conditions

 

LOCATrON:  The site is located  at 17A Route 303,  Tappan,  Town of Orangetown, Rockland  County,  New York,  and as shown on the Orangetown  Tax Map as Section  74.19,  Block 1,   Lot 3 in the LI zoning  district.

 

REASONS  SUPPORTING   THIS   DETERMINATION:

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

The project will not have a significant  impact upon the environment  and a DEIS

need not be prepared  because  the proposed  action does not significantly  affect air quality,  surface  or ground water  quality,  noise  levels or existing  external

traffic  patterns.  In addition,  it will have no impact upon the aesthetic,  agricultural or cultural  resources  of the neighborhood.   No vegetation,   fauna  or wildlife

species  will be affected  as a result of this proposed  action.  The proposed  action

is consistent  with the Town  of Orangetown’s   Master  Plan and will not have any

adverse  economic  or social impacts  upon the Town or its  businesses   or residences.

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

attachment.

For Further  Information  contact:

John Giardiello,   P.E.,   Director,  Office of Building,  Zoning  and Planning

Administration   and Enforcement

Town of Orangetown

20 Greenbush  Road

Orangeburg,  NY 10962

Telephone  Number:  845-359-5100

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

 

 

 

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PB #13-13:  155 Corporate Drive  Site  Plan:  Amendment  to Preliminary  Site

Plan  Approval  Subject to Conditions/  Reaffirmation  of Neg. Dec.

 

 

Town  of Orangetown  Planning  Board  Decision

March  27, 2013

Page 1  of 12

 

TO:

 

 

FROM:

Douglas  Bartels,  P.E., Russo  Development,  570 Commerce

Boulevard,  Carlstadt,  New Jersey 07072

Orangetown  Planning  Board

 

 

RE:                 155 Corporate  Drive Site Plan Amendment:  The application  of 155

Corporate  Drive, Inc., owner, for Amendment  to the Final Site Plan, at a site known as “155 Corporate Drove Site  Plan Amendmenf’,  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 155 Corporate  Drive, on the south side of Corporate  Drive, 850 feet west  of Olympic  Drive, Orangeburg,  New York. Tax Map: Section  73.15,  Block 1, Lot 18 & Section  73.19,  Block  1, Lot 1; LIO zoning district.

 

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

Wednesday,   March 27, 2013, the Board made the following  determinations:

 

Douglas  Bartels, Antomio  DelVecchio  and Edward  Russo appeared  and testified. The  Board received the following  communications:

1. Project Review Committee Report dated  March 20, 2013.
2. An Interdepartmental memorandum   from the Office of Building,  Zoning, Planning  Administration   and Enforcement,  Town of Orangetown,  signed by John Glardiello,  P.E., Director,  dated  March 27, 2013.
3. An Interdepartmental memorandum  from the Department  of Environmental Management  and Engineering  (DEME), Town  of Orangetown,  signed by Bruce  Peters,  P.E., dated  March 21, 2013.
4. A letter from Rockland County Department  of Planning,  signed  by

Thomas  Vanderbeek,  Commissioner   of Planning,  dated  March 26, 2013.

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

Sonny  Lin, P.E., dated  March  12, 2013.

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

Scott McKane.  P.E., Senior  Public Health  Engineer,  dated  March 6, 2013.

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

Joseph  LaFlandra,  Engineer  11,   dated  March 11, 2013.

8. An Interdepartmental memorandum  from the Bureau  of Fire Prevention,  Town of Orangetown,  signed by Michael Bettmann,  Chief, dated  March 5, 2013.
9. A letter from the Town of Orangetown Zoning  Board of Appeals,  signed  by

William  Mowerson,  dated  March  3, 2010.

10. A Full Environmental Assessment  Form signed  by Edward  Russo,  Manager, dated  February  20, 2013.

 

 

PB #13-13:  155 Corporate  Drive Site Plan: Amendment  to Preliminary Site

Plan Approval Subject to Conditions/ Reaffirmation of Neg. Dec.

 

 

Town of Orangetown   Planning  Board  Decision

March 27, 2013

Page 2of12

 

 

 

11. A letter from Russo Development signed by Douglas G. Bartels, P.E., Vice

President –  Development, dated February 20, 2013, with attachments.

12. A letter from Russo Development signed by Douglas G. Bartels, P. E., Vice

President- Development, dated March 26, 2013.

13. A copy of PB #12-52, Final Site Plan Approval Subject to Conditions, 155

Corporate Drive Site Plan, dated November 9, 2011.

14. A copy of a report entitled “Exterior Sound Evaluation of Proposed Data

Center Operations”,  prepared by Lewis S. Goodfriend & Associates, dated

March 22, 2013.

15.Stormwater Pollution Prevention Plan for 155 Corporate Drive, prepared by

Russo Development, LLC, dated October 30, 2009,  last revised

February 15, 2013.

16. Plans prepared, signed and sealed by Douglas G. Bartels, P.E. and

Jack Shoemaker, PLS, dated October 30, 2009, revised February 15, 2013, unless noted:

C1:   Title Sheet

C2:   Existing Conditions Plan

C3:   Site Plan

C3.1: Construction Logistics Plan, dated February 15, 2013

C4:    Overall Grading  Plan, dated May 21, 2010

C4.1: Grading & Drainage Plan

C4.2: Stormwater Management Plan and Details, dated February 17, 2010

C5:    Utility Plan C6:    Profiles C7:    Profiles

C8:    Construction Details C9: Construction Details C10:  Construction Details C11:  Landscape Plan C12: Lighting Plan

C13: Landscape & Lighting Details

C14: Soil Erosion & Sediment Control Plan

C15: Soil Erosion & Sediment Control Plan

 

17. Architectural Plans prepared, signed and sealed by Michael Buldo, RA.,, dated February 15, 2013:

A 1  :   First Floor Plan

A2: Roof Plan

A3: Building  Elevations

A4: Wall Screen Elevations

 

 

PB #13-13:  155 Corporate Drive Site Plan: Amendment to Preliminary Site

Plan Approval Subject to Conditions/ Reaffirmation of Neg. Dec.

 

 

Town  of Orangetown Planning Board  Decision

March 27, 2013

Page 3of12

 

 

 

18. Submitted at the meeting, a package of colored site plans and elevations of the proposed interior and exterior of the building, dated March 27, 2013:

A1: Aerial Map Corporate & Olympic Drives

A2: Property Site Plan

A3: Approved Site Plan

A4: Elevations –  North & East A5: Elevations –  South & West A6: First Floor Plan

A7: Typical Data Center Photos

A8: Typical Data Center Photos

A9: Typical Data Center Photos

A1 O:  Example Russo Building Photo

A11: Example Russo Building Photo

 

 

Public  Comments:

Leslie Whatley, 6 Buckingham Place, Old Tappan, New Jersey; held that the applicant has taken the concerns of the area property owners into consideration

and have provided accommodations.  Ms. Whatley requested that sound testing be performed after the site is completed and during the normal working day, business hours. She requested information regarding the sequencing of installation, testing and granting of the building permit for the chillers and generators.

 

Donald Brenner, 4 Independence Avenue, Tappan, New York; representing himself; held that the applicant should be made to test the sound levels of the generators to be used all of the time, not just in an event of an emergency situation.  Just as the other applicants heard on the Planning Board’s agenda are being asked to test.  Emergency situations would allow a deviation from the regulations set forth in the Town Code.

 

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

Bruce Bond and seconded by William Young and carried as follows:

Kevin Garvey, aye; Bruce Bond, aye; William Young, aye; Michael Mandel, aye;

John Foody: absent; Robert Dell, aye and Jeffrey Golda, aye.

 

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

Michael Mandel and seconded by William Young and carried as follows:

Kevin Garvey, aye; Bruce Bond, aye; William Young, aye; Michael Mandel, aye;

John Foody, absent; Robert Dell, aye and Jeffrey Golda, aye.

 

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

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

Kevin Garvey, aye; Bruce Bond, aye; William Young, aye; Michael Mandel, aye;

John Foody, absent; Robert Dell, aye and Jeffrey Golda, aye.

 

 

PB #13-13:  155 Corporate  Drive Site Plan: Amendment to Preliminary Site

Plan Approval Subject  to Conditions/ Reaffirmation  of Neg. Dec.

 

 

Town  of Orangetown  Planning  Board  Decision

March 27, 2013

Page 4of12

 

 

REAFFIRMATION   OF SEQRA

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

 

 

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

applicant,  the applicant’s  professional  representatives,   namely Douglas  G. Bartels,  P.E. and Jack Shoemaker,  PLS and the Town of Orangetown’s   engineering  consultant,  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:  Rockland  County Department  of Highways,  Rockland  County Sewer  District No. 1, Town of Orangetown  Zoning  Board of Appeals,  and having  reviewed  the proposed  Site Plans  by prepared  by Douglas  G. Bartels,  P.E. and Jack Shoemaker,  PLS, 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, archeologica!  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 hot create a hazard to human  health; and.

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

 

PB #13-13:  155 Corporate Drive Site Plan: Amendment to Preliminary Site

Plan Approval Subject to Conditions/ Reaffirmation of Neg. Dec.

 

 

Town  of Orangetown Planning Board Decision

March 27, 2013

Page 5of12

 

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

 

DECISION:  In view of the foregoing and the testimony before the Board, the application was GRANTED  A PRELIMINARY   SITE PLAN APROVAL

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 II Regulations

 

3. The applicant shall comply with all pertinent and applicable conditions of previous Board Decisions: PB #11-52, Final Site Plan Approval Subject to Conditions, dated November 9, 2011, ACABOR #11-34, Approved Subject to Conditions, dated September 8, 2011, ZBA #10-92, Variances, dated

July 20, 2011, PB #10-05, Preliminary Site Plan Approval Subject to Conditions,

dated July 9, 2010.

 

4. While New Jersey and Rockland County regulations were submitted to the

Planning Board, the final sound report must be submitted to the Office of

Building, Zoning, Planning Administration and Enforcement, prior to the issuance

of a Certificate of Occupancy. The sound report must meet the requirements set forth by the Town Code of the Town of Orangetown, Section 4.18, Tables 1

and 2. -At this time, the applicant shall apply to the Town of Orangetown Zoning

Board of Appeals for a Performance Standards review of the chillers/generators.

If the applicant is found to be not in compliance with the Town of Orangetown standards, they will be placed in violation and be issued a summons.

 

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

 

6. The Site Plan has been amended for a Data Center user. The Amendments include a reduction of loading docks, parking revisions and proposed chillers.

 

7. A Noise Attenuation Study shall be provided.

 

8. A Performance Standards review shall be performed by the Town of

Orangetown Zoning Board of Appeals.

 

9. The maximum height of the sound wall shall be provided on the Site Plan. A

minimum height was provided.

 

 

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PB #13-13:  155 Corporate   Drive  Site  Plan:  Amendment  to Preliminary  Site

Plan  Approval  Subject to Conditions/  Reaffirmation  of Neg.  Dec.

 

Town  of Orangetown    Planning  Board  Decision

March  27, 2013

Page 6of12

 

 

 

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

Zoning  Board of Appeals:

 

Variance •  Front Yard Setback	Required 100 feet	Granted/Approved 50.5 feet	Proposed 48.5 feet
•  Maximum Building
Height	12 feet allowed at Front	36 feet	33.4 feet
•  Maximum Building	37.25 feet	38 feet	34.7 feet
Height	allowed on East
	Side yard
•  Maximum Building	61.6 feet	38.5 feet	37.6 feet
Height	allowed on West
	Side yard
•  Maximum Building	37.88 feet	37.5 feet	35.9 feet
Height	allowed on Rear
	Side yard

 

• Note: The front of the building requires a height variance.
• A total of 7 Loading Berths are required and 3 loading berths are provided.
• The Loading Berths are required to be within a completely enclosed building and two of the three berths are proposed to be external.

 

11. The revised Storm Water Pollution Prevention  Plan is under review by

DEME.

 

12. The revised Soil Erosion and Sediment Control  Plans and Details are under review  by DEME.

 

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

• The   conditions   of  the   March   6,  2013   letter   from   the   Rockland   County Department   of  Health  must  be  met.    In addition,  all  required  permits  must  be obtained   from  the   Health   Department   for  the   three   proposed   50,000   gallon underground  storage tanks.
• A review  shall  be  completed   by the  U.S. Army  Corps  of  Engineers  and  any

required  permits obtained.

• 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 Villages,  Towns,  and  County  with  an adequate  supply  of water. A letter from the  public  water  supplier,  stamped  and  signed  by  a  NYS  licensed  professional engineers,  shall  be issued  to the  municipality  for this  project,  certifying  that there will  be  sufficient  water  supply  during  peak  demand   periods  and  in  a  drought situation.

 

 

 

 

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PB #13-13:  155 Corporate  Drive Site Plan: Amendment to Preliminary Site

Plan Approval Subject to Conditions/ Reaffirmation of Neg. Dec.

 

 

Town of Orangetown  Planning Board  Decision

March 27, 2013

Page 7of12

 

Continuation of Condition #13       .

 

• 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. Further,  both the application  and supporting  engineer’s  report must be signed and stamped  by a New York  State licensed  professional  engineer  and shall be accompanied   by a completed  New York State Department  of Health Form 348, which  must be signed by the public water  supplier.
• Public sewer  mains  requiring  extensions  within  a right of way or an easement

shall  be  reviewed  and  approved  by the  Rockland  County  Department  of Health prior to construction.

The fire department  connections  shall be designated  on the Site Plan and kept

clear for easy access by the emergency  response  vehicles.

• Several of the proposed  plantings  on the Landscape  Plan do not indicate what type  of  plan  is  being  proposed,   such  as  the  symbols  along  the  southern  and western  sides of the  building.    In addition,  11   FA are  proposed  along  Corporate Drive, but another  species  is also proposed  along this roadway, with no indication as to the type of plant.  All  proposed  landscaping  must  be clearly  labeled  on the Landscape  Plan.
• An illustration shall be provided that demonstrates that fire truck movements  are

feasible  throughout  the site, including  the opening  going  into the chiller  plant and storage tank area.

• Since the site is expected to generate  significant  truck traffic; it is recommended

that  signs be placed  in loading  areas to remind truck  operators  of the  idling time limits of state  law (5 minutes)  and  county  law (3 minutes)  so as to minimize  air pollution impacts on neighboring  residential to the south.

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

design points.

• Prior to the start of construction or grading,  a soil and erosion  control  plan shall

be developed  in place for the entire site that meets the New York State Guidelines for Urban Erosion and Sediment  Control.

• The project description  narrative  (Rider #1) indicates  that 97 cars are proposed

on the site, however 96 are shown.  this  discrepancy  shall be corrected.

• The site plan shall clearly label the parking  area on the north side of Corporate

Drive as “Future Parking, if needed.”

• • Page 8 of 21 of the Full Environmental Assessment   Form shall be amended  to include  the  Rockland  County  Department   of  Planning  as  a  regional  agency  in which an approval is required.

 

PB #13-13:  155 Corporate  Drive Site Pla111:  Amendment  to Preliminary  Site

Plan Approval Subject to Conditions/Reaffirmationof Neg. Dec.

 

Town of Orangetown Planning Board Decision

March 27, 2013

Page 8of12

 

14. The Rockland County Highway Department found that the proposed action will have no foreseeable adverse impact upon county roads in the area.

 

15. The Rockland County Department of Health reviewed the Site Plan and request that after receiving Final Planning Board Approval, the applicant shall forward three (3) sets of plans to the Rockland County Department of Health to be stamped and signed as approved.

 

16. Rockland County Sewer District does not object to the plan as shown. This project does not affect any sanitary sewers within the  District and  no future correspondence is requested for this site.

 

17. The Town of Orangetown Bureau of Fire Prevention held that the proposed amendment to the approved Site Plan has changed drastically and the following comments shall be incorporated herein as conditions of approval:

• Uninterrupted Power Supply (UPS) Room shall be clearly identified: size, type of UPS being used; a room built per Section F-608 of the New York State Fire

Code may be required.

 

• Generator area – provide details of exhaust system and area where exhaust duct work will penetrate roof and/or walls.

 

• Data Racks: provide height, width, dimensions of aisles.

 

• Fire alarm systems must be addressable, with two dedicated phone lines, or an approved method of communication and direct connection to 44 Control System must be NFPA 72 compliant. Fire alarm plan must be submitted and approved prior to installation.

 

• An NFPA 13 compliant fire sprinkler system must be installed and designed to protect the specific hazards in this occupancy. (Generators, batteries, etc …)

 

• All egress must comply with Chapter 10 of the New York State Fire Code.

 

• Portable fire extinguishers must be installed as per NFPA 10 Guitlelines.

 

• Underground diesel fuel tank storage must be in compliance with Section 3403 of the New York State Fire Code.

 

PB #13-13:  155 Corporate  Drive Site Plan: Amendment to Preliminary Site

Plan Approval Subject to Conditions/ Reaffirmation of Neg. Dec.

 

 

Town of Orangetown   Planning Board  Decision

March 27, 2013

Page 9of12

 

 

Continuation of Condition #17 …

 

 

 

• The East side of the site (main entrance area) shows a revised parking arrangement then previously presented. The applicant must provide the following on the Site Plan:

1) A fire access road in access of 150 feet must provide a turn-around for the fire apparatus, or

2) In an area highlighted on the Site Plan, an analysis of the turning

radiuses so that a piece of fire apparatus with a 44 foot six inch wheelbase and overall length of 47 feet can maneuver into the parking area and out without turning around.

 

• West side parking or loading dock area appears to not allow any access for fire apparatus past the chiller area. Please clarify.

 

• All entrances, fire apparatus access roads, gates, etc… must comply with

Appendix FD of the New York State Fire Code.

 

• Key Boxes for Fire Department access must be installed in locations to be determined.

 

• A Certificate of Compliance Fire Safety must be applied for with the appropriate fee and Fire Inspections and acceptance tests of various systems will be conducted as needed during construction.

 

• All fire lanes and fire lane signage must be in compliance with the New York State Fire Code and approved by the Town of Orangetown Bureau of Fire Prevention.

 

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

Board assuming responsibilities of lead agency for SEQRA purposes:

– Rockland County Sewer District #1

– Rockland County Department of Highways

– Town of Orangetown Zoning Board of Appeals

 

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

Preparation of Site Plans prior to signing the final plans.

 

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

 

PB #13-13:   155  Corporate  Drive  Site  Plan:   Amendment   to Preliminary  Site

Plan  Approval  Subject  to  Conditions/  Reaffirmation  of  Neg.  Dec.

 

Town of Orangetown Planning Board  Decision

March 27, 2013

Page  10of12

 

 

 

21. 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.

 

22. 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. a. No construction equipment shall be parked under the tree canopy.
2. There will be no excavation or stockpiling of earth underneath the trees.
3. c. Trees designated to be preserved shall be marked conspicuously on all sides at a 5 to 10 foot heig
4. d. 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.

 

23. 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.

 

PB #13-13: 155 Corporate  Drive Site Plan: Amendment  to Preliminary  Site

Plan Approval  Subject to Conditions/  Reaffirmation  of Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

March 27, 2013

Page 11of12

 

 

 

24. 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.

 

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

 

26. 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).

 

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

 

28. 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

 

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

 

Override

The Board made a motion to override Conditions #1  and #10 of the

March 26, 2013 letter from Rockland County Department of Planning, signed by

Thomas Vanderbeek,  Commissioner of Planning, for the following reason:

 

“1.  The Borough of Old Tappan;  New Jersey is the reason this proposal  was referred to this  department for  review.  The  municipal boundary is along the southern property line of the subject property.  New York State General Municipal

 

PB #13-13:  155 Corporate Drive Site Plan:  Amendment to Preliminary Site

Plan Approval Subject to Conditions/ Reaffirmation of Neg. Dec.

 

 

Town  of Orangetown  Planning Board  Decision

March 27, 2013

Page  12of12

 

 

Overrides continued…..

 

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.   An updated review must be requested from the Borough of Old Tappan, and all of the issues contained in the  May 3, 2010 letter from the Borough’s consulting engineer,  Thomas   Skrable,   P .E.,   must   be   considered   and  satisfactorily addressed”.

 

The  Board held that the  Borough of  Old Tappan  had  been mailed a referral for this application and the Borough had not provided any comments for the meeting.

 

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

 

 

 

“1 O. Areas dedicated for snow piles must be clearly delineated on the site plan so that the plow drivers will know where to place the snow piles. This will help to protect the landscaping, located in the islands from being broken from the weight of the snow and from causing salt intrusion to the plants”.

 

The Board held that the landscaping plan does not need to provide an area where the snow is to be dumped.

 

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

 

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

and Jeffrey Golda, aye.

 

The Clerk to the Board is hereby authorized, directed and empowered to sign this

Decision and file a certified copy in the Office of the Town Clerk and the Office

of the Planning Board.

 

Dated:  March 27, 2013

Town.of Orangetown Planning

 

State  Environmental Quality Review  Regulations

NEGATIVE  DECLARATION:   Notice  of Determination of Non-Slqnlflcance

 

PB #13M13: 155 Corporate Drive Site Plan: Amendmentto PreliminarySite

Plan ApprovalSubjectto Conditions/Reaffirmationof Neg. Dec.

 

Town of Orangetown Planning Board Decision

March 27, 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: 155 Corporate Drive Site Plan M     Amendmento

PreliminarySite Plan Approval

 

SEQR STATUS:     Type I                                  Unlisted XXXXXX

 

CONDITIONED NEGATIVE DECLARATION: Yes

—

No  XXXXXX

 

 

DESCRIPTION OF ACTION: 155 Corporate Drive Site Plan: Amendmento PreliminarySite Plan ApprovalSubjectto Conditions/Reaffirmation of Neg. Dec,

 

 

LOCATION: The site is located at 155 Corporate Drive, on the south side of Corporate Drive, 850 feet west of Olympic Drive, Orangeburg, New York. Tax Map: 73.15/1/18 & 73.19/1/1; LIO zoning district.

 

REASONS SUPPORTING THIS DETERMllNATION:

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, aqricultural or cultural resources of the neighborhood. No vegetation, fauna or wildlife species will be affected as a result of this proposed action. The proposed action is consistent with the Town of Orangetown’s Master Plan and will not have any adverse economic or social impacts upon the Town or its businesses or residences.

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

For Further Information contact:

John Giardiello, P.E., Director, Office of Building, Zoning and Planning

Administration and Enforcement

Town of Orangetown, 20 Greenbush Road. Orangeburg, NY 10962

Telephone Number: 845-359-5100

For Type I  Actions and Conditioned Negative Declarations, a copy of this notice

is sent: – Commissioner, New York State Department of Environmental

Conservation,  Region 3 Headquarters, NYSDEC, Town Supervisor, Applicant,

Involved Agencies

 

 

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