Meeting Overview

Meeting  of May 8, 2013

TOWN  OF ORANGETOWN   PLANNING  BOARD

 

MEMBERS  PRESENT:  Kevin Garvey, Chairman; Bruce Bond; John Foody; Jeffrey Golda; Robert Dell and Michael Mandel

 

MEMBERS ABSENT: William Young

ALSO  PRESENT: John Giardiello, Director, Department of Building, Zoning,

Planning Administration and Enforcement; Robert Magrino, Deputy Town

Attorney; Ann Marie Ambrose, Stenographer and

Cheryl Coopersmith, Chief Clerk

 

Kevin Garvey, Chairman called the meeting to order at 7:30 p.m. Mr. Garvey

read the agenda.  Hearings as listed on this meeting’s agenda which are made a part of these minutes were held as noted below:

 

Continued Item from February 22, 2012 Meeting:

28 Route 303 Auto Parking Site Plan             Postponed to         PB #12-02

Prepreliminary/ Preliminary Site Plan                June 12th Meeting

and SEQRA Review

77.15/1/44; CS zoning district

 

Continued Item fromApril 24, 2013 Meeting:

Sapienza Site Plan	Final Site Plan	PB #13-18
Final Site Review	ApprovalSubject
Critical Environmental Area	to Conditions
65.20/1/ 7; R-40 zoning district

 

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

 

Since there was no further business to come before the Board, a motion to adjourn the meeting was made by Michael Mandel and seconded by Bruce Bond and agreed to by all in attendance. The meeting was adjourned at 8:00 p.m. The next Planning Board meeting is scheduled for May 22, 2013.

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PB #13-18:  Sapienza   Site  Plan;  Final  Site  Plan  Approval   Subject   to

Conditions/  Critical   Environmental     Area

 

 

Town  of Orangetown    Planning   Board  Decision

May 8, 2013

Page  1of9

 

TO:

 

FROM:

Jore! Vaccaro,  Dominick  R  Pilla Associates;   23 Depew Avenue; Nyack, New York  10960

Orangetown   Planning  Board

 

 

RE:     The application  of Joseph  Sapienza,  owner for Final Site Plan Review for a site to be known as “Sapienza   Site  Plan”,  in the Critical  Environmental  Area,

in accordance  with Article  16 of the Town  Law of the State of New York, the Land Development   Regulations  of the Town  of Orangetown,  Chapter  21 of the Code of the Town  of Orangetown.  The site is located  at 253 South  Boulevard,  Upper Grandview,  Town  of Orangetown,  Rockland  County,  New York  and as shown on the Orangetown  Tax  Map as Section  65.20,  Block  1, Lot 7 in the R-15 zoning district.

 

Heard by the  Planning  Board of the Town of Orangetown  at meetings  held Wednesday,    April  24 and  May 8, 2013,  at which time the Board made the following  determinations:

 

April  24, 2013

Jorel Vacarro  appeared  and testified.

The Board received  the following  communications:

1. A Project Review Memo dated April  17, 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 April 24, 2013.
3. An interdepartmental memorandum  from the Department  of Environmental Management   and Engineering,  (DEME)  Town  of Orangetown,  signed by Bruce Peters,  P.E., dated April 18, 2013.                                 .
4. A letter from Brooker Engineering, signed  by Kenneth  DeGennaro,  P.E., dated

April  24, 2013.

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

Thomas  Vanderbeek,   Commissioner   of Planning,  dated April 3, 2013.

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

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

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

Scott  McKane.  P.E., Senior  Public Health  Engineer,  dated  March 27, 2013.

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

LaFiandra,  Engineer  II, dated April 10, 2013.

9. A letter from Dominick R. Pilla Associates, signed by Jore! Vaccaro, dated

April 18, 2013.

 

 

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10. Drainage Plans prepared  by Dominic  R. Pilla Associates,   P.C., dated

August  5, 2008

D-01:   Proposed  Drainage  Plan

D-02: Predevelopment   Drainage  Plan

11. Site Plans prepared by Dominic R. Pilla Associates,   dated August  26, 2008. Revised  November  28, 2012:

C-01:  Proposed  Site Plan

C-02: Stormwater   Details/  Erosion  Control  Notes

C-03:  Erosion  Control  Details

12. Copy of PB #08-59, Preliminary Site Plan Approval  Subject  to Conditions, dated  October  28, 2009 and an Amendment  to Preliminary  Site Plan Approval Decision  PB #08-58,  dated  December  14, 2009.

 

The  Board reviewed  the plans.

The applicant  requested  a CONTINUATION. May 8, 2013

Jorel Vacarro  appeared  and testified.

The  Board received the following  communications:

1. A Project Review Memo dated  May 1, 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  May 8, 2013.
3. An interdepartmental memorandum   from the Department  of Environmental

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

Bruce  Peters,  P.E., dated  May 2, 2013.

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

May 8, 2013.

5. A letter from the Palisades Interstate Park Commission,   signed  by Karl B. Roecher,  Landscape  Architect,  dated April 29, 2013.
6. Site Plans prepared by Dominick  R. Pilla Associates,   dated August  26, 2008.

Revised  November  28, 2012,  revised April  24, 2013:

C-01:  Proposed  Site Plan

C-02: Stormwater  Details/  Erosion  Control  Notes

C-03:  Erosion Control  Details

 

 

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

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

 

REAFFIRMATION OF SEQRA

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

 

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

applicant, the applicant’s professional representatives, namely Dominick R  Pilla Associates, and the Town of Orangetown’s engineering consultant, Brooker Engineering 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 Planning, Rockland County Sewer District #1 and  Rockland County Department of Highway, and having reviewed a proposed Site Plan by prepared by Dominick R. Pilla Associates,  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;

 

 

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Town  of Orangetown   Planning  Board  Decision

May 8, 2013

Page 4of9

 

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

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

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

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

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

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

-Will not create a hazard to human health; and

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

 

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

 

DECISION: In view of the foregoingand the testimonybefore the Board, the applicationwas GRANTED A FINAL SITE PLAN APPROVAL SUBJECT TO THE FOLLOWING CONDITIONS:

 

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

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

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

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

 

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

 

3. The applicant shall comply with all previous applicable and pertinent Board conditions: Copy of PB #08-59, Preliminary Site Plan Approval Subject to Conditions, dated October 28, 2009 and an Amendment to Preliminary Site Plan Approval Decision PB #08-58, dated December 14, 2009.

 

4. The drainage calculations, for this proposed work shall be resubmitted to

DEME for approval.

 

5. No disturbance is to take place within five feet of any property line, except as specified on the approved site plan.

 

6. Trees to be saved shall be protected with snow fencing to the drip line during construction. The Board specifically noted the 24 inch tulip tree located near the Northwest corner of the driveway.

 

 

 

 

 

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Town of Orangetown Planninq Board  Decision

May 8, 2013

Page 5of9

 

 

 

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

1) A review must be completed by the Palisades Interstate Park Commission

and their comments considered.

2) A review must be completed by the County of Rockland Department of

Highway and any required permit obtained.

3) A review must be completed by the County of Rockland Department of

Health and any required permit obtained.

4) Prior to the start of construction or grading, a soil and erosion control plan shall be developed and in place for the entire site that meets the latest

edition of the New York State Guidelines for Urban Erosion and Sediment

Control.

 

8. The Drainage Consultant to the Planning Board, Brooker Engineering, reviewed the submitted drainage calculations and found that the

application sufficiently demonstrates that potential significant adverse impacts

with respect to drainage can be mitigated. The consultant therefore recommends that the Sapienza Site Plan be approved for drainage subject to the following

Project Comments.

 

• Additional detail is needed at the northwest corner of the proposed addition and the existing  swale.  Hydrologic  calculations  shall  be  provided  that calculate the 100-year discharge of the swale at this location. Calculations shall be provided that show the capacity of the swale and at least one foot of freeboard. Realignment of the swale shall be shown and calculations shall be provided that demonstrate that the swale will not erode. A Part Plan at a larger scale of the swale and the proposed building shall be provided.

 

• The Grading Plan shall include proposed grading in the  rear yard that shows positive drainage away from the building. Top and bottom elevations of the proposed stonewall shall be added.

 

• A separate plan showing proposed conditions impervious areas that are intended to be directed to the drywell shall be provided. It is not clear if the roof leader downspouts from the existing structure are to be diverted to the drywell system. New impervious area from the driveway extension to the new garage shall be added. It is not clear what drainage area is being intercepted by the trench drain. The trench drain shall have a sump and hood over the outlet pipe to minimize debris from entering the drywells.

 

• Drainage calculations on Drawing C-02 appear to utilize the Westchester Method for drywell design. The calculations shall be revised to follow the published guidelines of the Westchester Method. The drywells have a low flow orifice; this is not typically included for this methodology. If the low flow outlets  are  to   remain,  calculations   shall  be  provided  that   show  the hydrograph routing for the 2-year, 10-year, 25-year, and 100-year 24-hour rainfall design storms and  show no net increase in peak runoff rates for these design storms.

 

 

 

 

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Continuation of Condition #8 …

 

• The drywell calculations  shall  only  utilize the  depth  of  drywell to  the overflow outlet in the available storage calculations. Calculations for the size of void spaces of the stone surrounding the drywells shall be included.

 

• The drainage consultant recommends relocating the two drywells uphill, closer to the garage. Overflows from the drywells can then flow overland to the existing swale south of the driveway. The overflow path shall be clearly indicated on  the  Site  Plan.  This  will  eliminate  disturbances  along  the driveway. There appear to be several trees on the site in the vicinity of the drywells that are not shown on the Site Plan; these trees and vegetation would have to be removed as a result of the drywells and drainage pipe as currently shown.

 

• The Stone Wall Detail shows 4″ diameter weeping pipes extending beyond the face of the wall. These pipes shall be shown on the Site Plan. The size of the stone shall be shown on the detail.

 

9. Rockland County Department of Highways reviewed the plans and offered the following comment:

• Based upon the information provided, the design as shown will have no foreseeable adverse effect upon County Highways in the area.

 

10. All necessary Rockland County Department of Health approvals for this site have previously been granted.

 

11. 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.

 

12. The Palisades Interstate Park Commission has reviewed the

Site Plan and offered the following comments:

• The applicant shall use non-invasive plant material for any landscaping

that is provided.

 

• Based on the site topography and location of proposed structures, this proposal should not have any significant adverse visual impact upon nearby park resources.

 

 

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

pursuant  to Section  21-24 of the Land Development Regulations of the Town of

Orangetown will be implemented in order to protect and preserve both individual specimen trees and buffer area with many trees. Steps that will be taken to

preserve and protect existing trees to remain are as follows:

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

• One (1) foot radius from trunk per inch DBH
• Drip line of the Tree Canopy. The method chosen should be based on providing the maximum protection zone possible. A barrier of snow fence or equal is to be placed and maintained one yard beyond the established tree protection zone. If it is agreed that the tree protection zone of a selected tree must be violated; one of the following methods must be employed to mitigate the impact:
• Light to Heavy Impacts – Minimum of eight inches of wood chips installed in the area to be protected. Chips shall be removed upon completion of work.
• Light Impacts Only- Installation of%  inch of plywood or boards, or equal over the area to be protected.

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

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

feet larger than the tree canopy.

 

14. 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.

 

15. 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.

 

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

 

 

 

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PB #13-18:  Sapienza Site Plan; Final Site Plan Approval  Subject to

Conditions/ Critical  Environmental Area

 

Town of Orangetown Planning  Board Decision

May 8, 2013

Page 8of9

 

 

 

17. 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).

 

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

 

19, 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

 

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

 

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

Preparation of Site Plans prior to signing the final plans.

 

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

 

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

 

 

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PB #13-18:  Sapienza  Site Plan;  Final Site Plan Approval  Subject  to

Conditions/ Critical  Environmental   Area

 

 

Town  of Orangetown   Planning  Board  Decision

May 8, 2013

Page 9of9

 

Other:

 

A motion was made to waive the applicant’s need to appear in front of the Town of Orangetown Architecture and Community Appearance Board of Review.

 

The Board held that the project is an addition that matches in material and design to an existing structure, all existing landscaping is to remain and no significant vegetation is to be removed and the proposed architectural plans for the addition have been reviewed by the Planning Board at the Preliminary Review on October 28, 2009.  The motion was made by

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

 

 

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

 

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

of the Planning Board.   Dated: May 8, 2013 J       ~JD.l,~ Planning Board       OBZPAE RC Pl nning            RC~ RC\,ighway Env. Mgt. Eng.        HOR PRC                         Supervisor Town Board    . Assessor Town Attorney

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

cR.v.; C

 

 

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