Meeting Overview

Meeting of November 9, 2015

Town of Orangetown  Planning  Board

 

MEMBERS PRESENT: Kevin Garvey,  Chairman;  Bruce Bond, Vice Chairman

Thomas  Warren;  Michael  Mandel and Stephen  Sweeney,

 

MEMBERS ABSENT: Robert  Dell and 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:

 

Items:   7 Welles Lane Site Plan		PB #15-53
Pool Site Plan/ Critical  Environmental  Area	Continued:
258 South Boulevard  Subdivision	Revise Plans
Prepreliminary/   Preliminary/
Final Site Plan and SEQRA  Review
7 Welles  Lane, Nyack
66.17/1/25.2;  R-40 zoning district
Orlando Site Plan		PB #15-54
Replacement  of Retaining Wall Plan/	Final Site Plan
Critical Environmental  Area	Approval  Subject
Prepreliminary/  Preliminary/  Final Site Plan	to Conditions
and SEQRA  Review	Neg. Dec.
1150 Route 9W, Nyack
71.05/1/9;  R-22 zoning district
Sisters of St. Dominic of Blauvelt		PB #15-55

 

Subdivision  Plan

Prepreliminary/  Preliminary/ Final Subdivision  Plan

and SEQRA  Review

496 Western  Highway,  Blauvelt

74.06/3/  1.1 &  1.3; R-40 zoning  district

Preliminary  Approval

Approval  Subject to Conditions

Neg. Dec.

 

 

Continued  Items from the October 26. 2011 Meeting

 

Bailey’s  Smoke House Resubdivision   Plan

Prepreliminary/  Preliminary/ Final Resubdivision  Plan and SEQRA  Review

132 and 136 Erie Street, Blauvelt

70.14/4/  5 & 6; CS zoning district

 

Bailey’s  Smoke House Site Plan Prepreliminary/  Preliminary  Site Plan and SEQRA  Review

132, 136 & 140 Erie Street,  Blauvelt

70.14/4/  5, 6 & 7; CS zoning district

 

Continued: Needs Drainage

 

Continued: Revise Plans Needs Drainage

PB #11-49

 

 

PB #11-50

 

 

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Meeting of November 9, 2015

Town of Orangetown Planning   Board

 

 

Other  Business:

 

1. 1. The Board reviewed  and approved with changes a Lighting  Plan  submitted by Lennar Corporation,  the developer   of the Route 9w Golf Subdivision,   as required by the Board at its September gth  Planning  Board Decision,   PB #15-45.

 

The Board requested that two additional lights be added  to the plan,  one in the Cud-de–Sac   and one at the entrance to the  Subdivision.

 

2. 2. The Board recommended the Value and Term of the Walgreens   Performance Bond to the Town Board as established  by the Town of Orangetown Department of Environmental  Management  and Engineering letter of November 9, 2015, signed by Bruce Peters, P.E.,   see attached  Recommendation.

 

 

The decisions  of the October 28, 2015 Planning Board Meeting was reviewed, edited,  and approved. The motion for adoption was made and moved by Stephen Sweeney and seconded by Michael  Mandel and carried as follows:

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

 

 

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

 

Since  there was no further business  to come before the Board,  a motion  to adjourn the meeting was made by Stephen Sweeney and seconded by

Michael  Mandel,   and agreed to by all  in  attendance.  The meeting  was adjourned at 9:00  p.m.   The next Planning Board meeting  is scheduled for

December 9, 2015.

a

DATED: November 9, 2015          n II\ n A  I  ~o .    &~~1

Cheryl Coopersmith                    Lfi   vv \..A/

Chief Clerk Boards  and Commissions

 

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PB #15-54: Orlando Site Plan –  Retaining Wall – Final Approval  Subject to

Conditions-  Critical  Environmental  Area/ Neg. Dec.

 

November 9, 2015

Town of Orangetown  Planning  Board Decision

Page 1of9

 

 

 

TO:       Alex Adamo, Pro Cut Lawns, Landscaping & Contracting,  Inc. 11

Pineview road, West Nyack, New York 10994

FROM: Orangetown Planning Board

 

RE:  Orlando Site Plan: The application of Dan Orlando, owner, for a Replacement of a Retaining Wall Plan, at a site located in the Critical Environmental Area, for Prepreliminary/ Preliminary/ Final Site Plan Review at a site known as “Orlando  Site Plan”, in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown, Chapter 21 A of the Code of the Town of Orangetown. The site is located at 1150 Route 9W, Nyack, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 71.05, Block 1, Lot

9 in the R-22 zoning district.

 

 

Heard by the Planning Board of the Town of Orangetown at a meeting held, Monday, November 9, 2015 at which time the Board made the following determinations:

 

Alex Adamo and Daniel Orlando appeared and testified. The Board received the following communications:

1. Project Review Committee Report dated November 4, 2015.
2. An Interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by

John Giardiello, P.E., Director, dated November 9, 2015.

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

Douglas Schuetz, Acting Commissioner of Planning dated November 6, 2015.

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

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

October 21, 2015

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

Sonny Lin, P.E., dated November 9, 2015.

 

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PB #15-54: Orlando Site Plan –  Retaining Wall • Final Approval  Subject to

Conditions-  Critical  Environmental  Area/ Neg. Dec.

 

November 9, 2015

Town of Orangetown  Planning  Board Decision

Page 2of9

 

 

 

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

LaFiandra,  Engineer  II, dated October  20, 2015.

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

Patricia Castelli, Acting  Chair, dated October  21, 2015.

10. A Short Environmental Assessment  Form, dated October  5, 2015, signed  by

Daniel Orlando.

11. A copy of the Building Department Referral,  dated August  12, 2015.
12. Site Plan prepared by Atzl, Nasher & Zigler, dated September 24, 2015.

 

 

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

Kevin Garvey,  Chairman,  aye; Bruce Bond, aye; William  Young,  absent;

Robert Dell, absent;  Stephen  Sweeney,  aye; Michael  Mandel, aye and

Thomas  Warren,  aye.

 

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

617.2 (ak) of the New York State Environmental  Quality  Review Regulations (SEQRR).  No agency,  other than the Orangetown  Planning  Board will have any significant  involvement  in the review process,  pursuant  to Section  617 .6 of SEQRA.

 

On motion by Bruce Bond and seconded  by Michael  Mandel and carried  as follows:  Kevin Garvey,  Chairman,  aye; Bruce Bond, Vice Chairman,  aye; William Young,  absent;  Robert Dell, absent;  Stephen  Sweeney,  aye;

Michael  Mandel, aye and Thomas  Warren,  aye, the Board declared  itself Lead

Agency.

 

 

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

 

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PB #15-54:  Orlando   Site  Plan –  Retaining   Wall  – Final  Approval   Subject  to

Conditions-    Critical   Environmental    Area/  Neg. Dec.

 

November   9, 2015

Town  of Orangetown    Planning   Board  Decision

Page 3of9

 

 

 

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

applicant,  the applicant’s  professional  representatives,   namely

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

following  involved and interested  agencies:  Town of Orangetown  Zoning  Board of Appeals,  Rockland  County Sewer  District No. 1, Rockland  County  Department  of Health, Rockland  County  Department  of Highways,  and having reviewed the Site Plan and Retaining Wall Plan, Details and Notes, a summary  of the reasons supporting  this determination  are, and the Planning  Board finds that the

proposed  action:

• Will not significantly  affect existing  air quality or noise levels;
• Will not significantly affect existing  surface water quality or quantity  or drainage;

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

o     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

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

 

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PB #15-54:  Orlando   Site  Plan –  Retaining   Wall  –  Final  Approval  Subject to

Conditions-  Critical   Environmental     Area/  Neg. Dec.

 

 

November   9, 2015

Town  of Orangetown    Planning   Board  Decision

Page 4 of 9

 

 

 

On motion by Bruce Bond and seconded by Michael Mandel and carried as follows: Kevin Garvey, Chairman, aye; Bruce Bond, Vice Chairman, aye; William Young, absent; Robert Dell, absent; Michael Mandel, aye;

Stephen Sweeney, aye and Thomas Warren, aye, the Board made a Negative

Declaration pursuant to SEQRA.

 

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

 

1. The applicant shall contact the Town of Orangetown Building’s Department prior to any work on the project site. In addition, 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. All utilities shall be shown on the Site Plan.

 

4. An erosion and sediment control plan shall be submitted.

 

5. The “UP” shown on the Site Plan shall be described by a note on the plan as to its present use.

 

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

 

7. The total amount/area of disturbance shall be listed on the plan.

 

8. All existing sanitary sewer house connection/ septic system shall be shown on the plan.

 

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PB #15-54: Orlando Site Plan –  Retaining Wall –  Final Approval  Subject to

Conditions-  Critical  Environmental  Area/ Neg. Dec.

 

November 9, 2015

Town of Orangetown  Planning  Board Decision

Page 5 of 9

 

 

 

 

9. A level spreader or other acceptable devices shall be added to the end of the proposed 4 inch perforated PVC drain line.

 

10. Soil erosion and sediment control plans and details shall be added to the plans.

 

11. The referenced benchmark elevations shall be added to Note #7. Also, a more accurate location of the referenced benchmark shall be added to Note #7.

 

12. The page and liber or instrument number, as well as ownership for all easements/ dedications shall be given on the plans.

 

13. Drainage Review Recommendation

The plans shows no additional impervious area is proposed and the existing drainage pattern is being maintained. Any potential significant adverse impacts with respect to stormwater runoff have been mitigated and the Planning Board’s Drainage Consultant, Brooker Engineering, therefore recommends that the Orlando Site Plan be approved for drainage subject to the following comments:

 

This is the first drainage review report to the Planning Board for this site plan, which is located at 1150 Route 9W. The property is located on the west side of Route 9W and the project consists of the replacement of an existing railroad tie retaining wall with a block gravity retaining wall. The land slopes downhill to the east, and the retaining wall has a maximum exposed height of seven feet. The total length of the retaining wall is about 175 feet and a detailed profile of the wall is included on Drawing 2. The wall is located in a cut area, with the higher side of the retaining wall along the west (uphill) property line.

 

The existing drainage pattern is being maintained and no new impervious areas are proposed. Drawing 2 requires inspections and as-built certification of the retaining wall by a licensed professional engineer. Stormwater runoff from the upper hillside has been designed by the applicant’s engineer to sheet flow over the retaining wall.

 

Project Comments

1. The underdrain outlets to a proposed riprap pad near the north property line. Details for the riprap pad shall be provided and the distance to the

property line shall be shown on the plan. The plans shall indicate that water from the underdrain will be dispersed prior to following the natural drainage pattern, which will result in this water ultimately crossing the north property line.

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PB #15-54: Orlando Site Plan –  Retaining Wall –  Final Approval  Subject to

Conditions-  Critical  Environmental  Area/ Neg. Dec.

 

November 9, 2015

Town of Orangetown  Planning  Board Decision

Page 6 of 9

 

Continuation  of Condition  #13 …•

 

 

 

 

2. A Sediment and Soil Erosion Control Plan shall be prepared.

 

3. There is an existing swale along the northern limits of the retaining wall which may be blocked by the new retaining wall, creating a damming effect. This swale conveys runoff from the uphill property. The survey shall be updated to show this swale and how it will be impacted by the

proposed wall. Additional detail in this area is needed to show how runoff in this swale will be conveyed around or over the wall.

 

 

 

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

 

• A review shall be completed by New York State Department of

Transportation and all required permits obtained.

 

 

• 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.

 

15. The Rockland County Department of Highways reviewed the submitted information had held that the proposed replacement of retaining wall plan would not have adverse effect on the adjacent county highways. The location of the parcel lies over 500 feet of county road and a RCHD Work Permit will not be required for this development.

 

16. The Rockland County Department of Health held that there are approvals required for this application.

 

17. 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.

 

18. 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 #15-54: Orlando Site Plan –  Retaining Wall –  Final Approval  Subject to

Conditions-  Critical  Environmental  Area/ Neg. Dec.

 

November 9, 2015

Town of Orangetown  Planning  Board Decision

Page 7 of 9

 

 

 

 

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

Board assuming responsibilities of lead agency for SEQRA purposes:

– Town of Orangetown Zoning Board of Appeals

– Rockland County Department of Health

– Rockland County Sewer District No. 1

– Rockland County Department of Highways

 

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

Preparation of Site Plans prior to signing the final plans.

 

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

 

22. 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:

 

o 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:

 

e  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.

 

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PB #15-54: Orlando Site Plan –  Retaining Wall –  Final Approval  Subject to

Conditions-  Critical  Environmental  Area/ Neg. Dec.

 

November 9, 2015

Town of Orangetown  Planning  Board Decision

Page 8of9

 

Continuation  of Condition  #22 …

 

 

 

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.

 

 

 

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.

 

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PB #15-54:   Orlando  Site Plan –  Retaining   Wall –  Final Approval   Subject  to

Conditions- Critical   Environmental   Area/  Neg.  Dec.

 

November  9, 2015

Town of Orangetown   Planning   Board  Decision

Page 9 of 9

 

 

 

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 contro

 

The foregoing  Resolution  was made and   moved by Bruce Bond and seconded  by

Thomas  Warren  and   carried   as follows:   Kevin Garvey,  Chairman,    aye;

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

 

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

Dated:  November9,2015               (‘    h ()ALQ_c!bD~~

Cheryl Coopersmith                           x..> ‘–“”‘ “‘()

Chief  Clerk  Boards  and Commissions

 

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State Environmental  Quality Review Regulations

NEGATIVE DECLARATION

Notice of Determination  of Non-Significance

 

PB #15·54: Orlando Site Plan –  Retaining Wall –  Final Approval  Subject to

Conditions-  Critical  Environmental  Area/ Neg. Dec.

 

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: Orlando Site Plan –  Retaining Wall –  Final Approval

Subject to Conditions-  Critical  Environmental  Area/ Neg. Dec.

 

SEQR STATUS:    Type I                                          Unlisted XXXXXX

CONDITIONED NEGATIVE DECLARATION: Yes             No  XXXXXX

 

DESCRIPTION OF ACTION: Site Plan –  Critical  Environmental  Area

 

LOCATION: The site is located at 1150 Route 9W, Nyack, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 71.05, Block 1, Lot 9 in the R-22 zoning district.

 

REASONS SUPPORTING THIS DETERMINATION:

The Orangetown Planning Board, as Lead Agency, determined that the proposed action will not have a significant impact on the environment and a Draft

Environmental Impact Statement (DEIS) will not be prepared. The reasons supporting this determination are as follows:

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

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

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

For Further Information contact:

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

Administration and Enforcement; Town of Orangetown; 20 Greenbush Road

Orangeburg, NY 10962; Telephone Number: 845-359-5100

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

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

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

– Involved Agencies

 

 

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PB#15-55: Sisters of Saint Dominic  of Blauvelt  Subdivision  Plan – Preliminary  Approved  with Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

November 9, 2015

Page 1of7

 

TO:

 

FROM:

Michael  Dempsey,  Sisters of Saint Dominic of Blauvelt,  470

Western  Highway,  Orangeburg,  New York 10962

Orangetown  Planning  Board

 

 

RE:                 Sisters of Saint Dominic  of Blauvelt  Subdivision  Plan: The application  of Dominican  Sisters of Blauvelt,  owner, for Prepreliminary/

Preliminary/  Final  Subdivision  Plan Review,  at a site to be known as “Sisters  of

Saint Dominic  of Blauvelt 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 496 Western  Highway,  Blauvelt,  Town of Orangetown,  Rockland County,  New York, and as shown on the Orangetown  Tax Map as Section  74.06, Block 3, Lots 1.1 & 1.3 in the R-40 zoning  district.

 

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

Monday, November 9, 2015, the Board made the following  determinations:

 

Joseph  Corless,  Brian Quinn, Michael  Dempsey,  and Sister Catherine  Sullivan appeared  and testified.

The Board received the following  communications:

1. Project Review Committee Report dated November  4, 2015.
2. An Interdepartmental memorandum  from the Office of Building,  Zoning, Planning Administration  and Enforcement,  Town of Orangetown,  signed  by John Giardiello,  P.E., Director,  dated  November  9, 2015.
3. An Interdepartmental memorandum  from the Department  of Environmental Management  and Engineering  (DEME),  Town of Orangetown,  signed  by Bruce Peters, P.E., dated  November  5, 2015.
4. A letter from the Rockland County Department  of Planning,  signed  by

Douglas  Schuetz,  Acting  Commissioner  of Planning,  dated November  6, 2015.

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

Sonny Lin, P.E., dated 9, 2015.

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

LaFiandra,  Engineer  II, dated October  20, 2015.

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

Scott McKane,  P.E., Senior  Public Health  Engineer,  dated October  21, 2015.

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

Patricia Castelli, Acting Chairperson,  dated October  21, 2015.

 

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PB#15-55:  Sisters   of Saint  Dominic   of Blauvelt   Subdivision    Plan – Preliminary    Approved   with  Conditions/    Neg. Dec.

 

Town  of Orangetown    Planning   Board  Decision

November   9, 2015

Page 2 of 7

 

 

 

9. A Short Environmental Assessment  Form, signed  by Sr. Catherine  Howard, Ph.D. OP, President  of the Order, dated October  1, 2015.

1 O.  Subdivision Plan prepared by Corless and Associates, dated

October 1, 2015.

11. Submitted at the meeting by the applicant, a copy of the filed subdivision plat

of the project site, filed on July 16, 2005, and the current proposed subdivision plan, noting the proposed subdivision highlighted in yellow.

The Board reviewed the plans. The hearing was then opened to the Public. There being no one from the Public, a motion was made to close the Public

Hearing portion of the meeting by Thomas Warren and seconded by Stephen

Sweeney and carried as follows: Kevin Garvey, Chairman, aye; Bruce Bond, Vice

Chairman, aye; Michael Mandel, aye; William Young, absent; Robert Dell, absent; Thomas Warren, aye and Stephen Sweeney, 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 Thomas Warren and seconded by Stephen Sweeney and carried as follows: Kevin Garvey, Chairman, aye; Bruce Bond, Vice Chairman, aye; Michael Mandel, aye; William Young, absent; Robert Dell, absent; Thomas Warren, aye and Stephen Sweeney, 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 Corless and Associates and having heard from the following offices, officials and/or Departments: (Town of Orangetown): The Office of Building, Zoning, Planning Administration and Enforcement and Department of Environmental Management and Engineering; and having heard from the following involved and interested

 

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PB#15·55: Sisters of Saint Dominic  of Blauvelt  Subdivision  Plan • Preliminary  Approved  with Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

November 9, 2015

Page 3of7

 

agencies: Town of Orangetown Zoning Board of Appeals, Rockland County Sewer District No.1,Rockland County Department of Health, Rockland County Highway, and having reviewed proposed Subdivision Plan by prepared by namely Joseph Corless and 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;
• Will not have an impairment of existing community or neighborhood character;
• Will not remove or destroy large quantities of vegetation or fauna;
• Will not remove or destroy large quantities of wildlife species or migratory fish;
• Will not have a significant adverse impact to natural resources;
• Is consistent with the Town of Orangetown’s Comprehensive/Master Plan;
• Will not have adverse economic or social impacts upon the Town;
• Will not create a hazard to human health; and
• Will not create a substantial change in the use of land, open space or recreational resources.

 

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

 

DECISION: In view of the foregoing and the testimony before the Board, the application was granted Preliminary  Subdivision  Plan Approval  Subject to the Following  Conditions:

 

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PB#15-55: Sisters of Saint Dominic  of Blauvelt  Subdivision  Plan – Preliminary  Approved  with Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

November 9, 2015

Page 4of7

 

 

 

 

1. The application is for a Resubdivision of existing property for transfer of title and not for development at this time.

 

2. Show existing lot lines “to be eliminated” on Lot #1.

 

3. A Zoning Board of Appeals variances needs to be sought for the rear yard setback on Lot #1. A minimum of 100 feet is required and 30.0 feet is proposed.

 

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

 

5. The lot numbers appear to be in error, i.e. multiple lot #3s, this shall be corrected.

 

6. The page and liber or instrument number, as well as ownership for all easements/ dedications shall be given on the plans.

 

7. A note shall be added to the plan that no construction is planned as part of this subdivision application, i.e. this specific plan is for lot line change only.

 

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

• A review must be completed by the County of Rockland Department of

Highways and all required permits obtained.

• As required by the Rockland County Stream Control Act, the subdivision plan must be reviewed and signed by the Chairman of the  Rockland County Drainage Agency before the County Clerk can accept the plan to be filed.
• There is currently a macadam drive serving the newly configured Lot #2.

Access is provided via the internal drive off of Western  Highway.   An access easement for Lot #2 must be provided lover Lot #3.

 

9. The Rockland County Department of Highways reviewed the plans and found that the project as submitted should not have adverse effect on adjacent county highways. Rockland County Subdivision Permit will be required for the proposed development before any construction on site.

 

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PB#15-55: Sisters of Saint Dominic  of Blauvelt  Subdivision  Plan • Preliminary  Approved  with Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

November 9, 2015

Page 5 of 7

 

 

 

1 O. The Rockland  County  Health  Department  (RCDOH)  reviewed  the information provided  and has no comment  on the proposed  subdivision.

 

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 following agencies do not object to the Town of Orangetown  Planning

Board assuming  responsibilities  of lead agency for SEQRA  purposes:

– Town of Orangetown  Zoning  Board of Appeals

– Rockland  County Sewer District  No. 1

– Rockland  County  Department  of Health

 

 

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

Preparation  of Subdivision  Plans prior to signing the final plans.

 

 

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

 

15. 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.

 

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

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

 

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PB#15-55: Sisters of Saint Dominic  of Blauvelt  Subdivision  Plan – Preliminary  Approved  with Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

November 9, 2015

Page 6 of 7

 

Continuation  of Condition  #16 ….

 

 

 

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

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

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

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

– Light Impacts Only-  Installation of% inch of plywood or boards, or equal

over the area to be protected.

The builder or its agent may not change grade within the tree protection

zone of a preserved tree unless such grade change has received final approval from the Planning Board. If the grade level is to be changed

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

 

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

 

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

 

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

 

20. If the applicant, during the course of construction, encounters such conditions as flood areas, underground water, soft or silty areas, improper drainage, or any other unusual circumstances or conditions that were not foreseen in the original planning, such conditions shall be reported immediately to DEME. The applicant shall submit their recommendations as to the special treatment to be given such areas to secure adequate, permanent and satisfactory construction. DEME shall investigate the condition(s), and shall either approve the applicant’s

 

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PB#15-55:  Sisters   of Saint  Dominic of Blauvelt   Subdivision  Plan – Preliminary  Approved   with  Conditions/    Neg.   Dec.

 

Town  of Orangetown    Planning  Board  Decision

November   9,  2015

Page 7 of 7

 

Continuation    of Condition  #20 …

 

 

 

recommendations  to correct the condition(s),    or order a modification  thereof.   In the event of the applicant’s    disagreement  with the decision  of DEME,   or in the event of a significant    change  resulting to the subdivision     plan or site plan or any change that involves a wetland  regulated  area, the matter shall  be decided  by the agency   with  jurisdiction  in that area (i.e.   Wetlands  – U.S. Army Corps of

Engineers).

 

 

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

 

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

 

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

 

Override

The Board made a motion to override  Condition  #4 of the November  6, 2015 letter  from  Rockland  County  Department  of Planning,    signed   by Douglas Schuetz,   Acting  Commissioner  of Planning,   for the following   reason:

 

“#3.  We recommend  that tax parcel  74.06-3-1.2,   which is  currently  owned  by Dominican  College   of Blauvelt,    be merged with the new  Lot #3,  which   is  to be transferred  to Dominican  College.     This will eliminate  the old configuration  of Lot #3, which   will result from the proposed  subdivision.”

 

The Board held  that there was no need to merge the two lots since the proposed subdivision  was for financial    reasons  only.

 

 

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

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

 

The foregoing  Resolution   was made and moved by Stephen  Sweeney  seconded by Michael   Mandel   and carried as follows:   Kevin Garvey,  Chairman,  aye;   Bruce Bond,   Vice  Chairman,    aye; Michael   Mandel,    aye; William  Young,   absent;   Robert Dell,  absent;  Thomas  Warren,   aye and Stephen  Sweeney,  aye.

 

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

 

Dated:  November   9, 2015

Cheryl  Coopersmith

Chief  Clerk  Boards  and  Commissions

attachment

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NEGATIVE DECLARATION

Notice of Determination  of Non-Significance

I

Town of Orangetown:  Planning  Board Decision

 

PB#15-55: Sisters of Saint Dominic  of Blauvelt  Subdivision  Plan – Preliminary  Approved  with Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

November 9, 2015

 

This notice is issued pursuant  to Part 617 of the implementing  regulations pertaining  to Article 8 (State  Environmental  Quality  Review  Regulation)  of the Environmental  Conservation  Law.

 

The PLANNING  BOARD, TOWN  OF ORANGETOWN,   as Lead Agency,  has determined  that the proposed  action described  below will not have a significant impact on the environment  and a Draft Environmental   Impact Statement  will not be prepared.

 

NAME OF ACTION: Sisters  of Saint Dominic  of Blauvelt  Subdivision  Plan

 

 

SEQR STATUS:       Type  I                                                Unlisted XXXXXX

CONDITIONED   NEGATIVE  DECLARATION:    Yes                  No   XXXXXX

 

DESCRIPTION OF ACTION: Subdivision  Plan

 

LOCATION: The site is located at 496 Western  Highway,  Blauvelt,  Town of Orangetown,  Rockland  County,  New York, and as shown on the Orangetown  Tax Map as Section  74.06, Block 3, Lots 1.1 & 1.3 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 determimation 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,  NYSDEC,  – Town Supervisor,  Applicant, Involved Agencies

 

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OTHER  BUSINESS:   Walgreens   Site  Plan –  Performance    Bond

Recommendation   to the Orangetown    Town  Board

 

 

 

Town  of Orangetown    Planning   Board  Recommendation

November   9,  2015

 

 

Heard by the Planning  Board of the Town  of Orangetown   at a meeting  held Monday,   November   9, 2015,  at which   time   the Board made the following Recommendation:

 

The Board   received   the following   communication:

1. 1. An interdepartmental     memorandum  from the Department  of Environmental Management  and Engineering  (DEME),    Town  of Orangetown,    signed by Bruce Peters,  P.E.,    dated November  9, 2015.

 

RECOMMENDATION:        In view  of the  foregoing,   the Planning  Board RECOMMENDS  TO THE TOWN  OF ORANGETOWN   TOWN  BOARD that the value  and  term of the Performance  Bond be established  in  accordance  with  the Interdepartmental     memorandum  from the Department  of Environmental Management   and Engineering  (DEME),   Town of Orangetown,  signed  by

Bruce Peters, P.E.,   dated November   9,  2015.

 

The term of the Performance  Bond shall  not exceed two (2) years as set forth  in Section   21A-10    of the Town of Orangetown  Town  Code, which   shall  be on or before November  9, 2017,    and Subject to the Following   Conditions:

 

 

ITEM   Shoulder	COST   $         18,000.00
Concrete Curbing	16,750.00
Concrete Sidewalk	13,825.00
Monumentation	2, 100.00
As-Built Drawings	3,600.00
Storm Drainage	38,885.00

Soil  Erosion  & Sediment Control    24,800.00

 

 

 

Sub-Total     $    147,  185.00

 

Administrative Close-out

 

(20% of Sub-Total)         $     29,437.00

 

 

 

Total  Bond Amount     $    176,662.00

 

 

 

Inspection Fee:

 

(3% of Sub-Total of Original   bond amount)        $ 4,415.55

 

To be submitted   to DEME prior to the onset of construction.

 

All  Bonds  are to conform to current town regulations.       .                                                                                   ~ _       Ll.O Dated: November 9, 2015                Glv\~(),,, Cfl o~<0-~ Planning Board Town of Orangetown            – j

 

 

 

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