Meeting Overview

Meeting   of October 16, 2013

Town  of Orangetown    Planning   Board

 

 

 

MEMBERS   PRESENT:  Kevin Garvey,  Chairman;  William  Young;  Michael

Mandel;  John Foody;  Robert  Dell and Jeffrey  Golda

 

 

MEMBERS   ABSENT:   Bruce  Bond, Vice-Chairman

 

 

ALSO  PRESENT:  John  Giardiello,  Director,  Office 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:

 

New  Items: Artist’s    Studio   Site  Plan Prepreliminary/   Preliminary/	Final Site Plan Approval	PB #13 • 39
Final Site Plan and SEQRA  Review 77 .15 I 1  I 32; LIO (CO, CS) zoning district	Subject to Conditions Neg. Dec.
Walgreens  Site Plan Consultation 77.15 I 1  I 24; CS zoning district	Consultation	PB #13 -40

 

Brereton  & Messina Resubdivision Plan                                        PB #13 – 41

Prepre!iminary/ Preliminary/ Final           Final Subdivision Approval

Resubdivision Plan                                  Subject to Conditions and SEQRA Review                                Neg. Dec.

68.16 I 4130   & 31; RG zoning district

 

Heaton Fitzgerald  Subdivision

Recommendation to the Town Board

 

Recommended  to the

PB #13 • 42

 

to Release the Performance Bond

77.14/  1/5;   R-15 zoning district

Town Board to Release the

Performance  Bond

 

 

 

 

Virginia Homes Subdivision Plan                                                    PB #13 – 43

Final Subdivision Plan Review                Final Subdivision Approval

77.08 / 5 I 33.2 & 36; RG zoning district  Subject to Conditions

 

Kopunek  Subdivision Plan

Final Subdivision Plan Review

77.0612169;  R-15 zoning district

PB#13-44

Final Subdivision Approval

Subject to Conditions

 

 

The decisions of the September 18, 2013 Planning Board Meeting was reviewed, edited and approved. The motion for adoption was made and moved by William Young and seconded by Michael Mandel and carried as follows: John Foody,

aye; Kevin Garvey, aye, Jeffrey Golda, aye, Robert Dell, abstain; Bruce Bond,

absent;  Michael Mandel, aye and William Young, aye.

 

 

 

3:0f3.;j0 S)H:Gl~ NM0’1

zo  i  Yd   Bl fit,~ ·tm

 

 

 

 

 

October  16, 2013 Planning  Board  Meeting

 

 

 

 

 

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

 

 

Since there was no further business to come before the Board, a motion to adjourn the meeting was made by William Young and seconded by Jeffrey Golda and agreed to by all in attendance. The meeting was adjourned at 8:40 p.m.

The next Planning Board meeting is scheduled for Wednesday, November 13, 2013.

(\

Town of Orangetown  Planning  Board                    ·                       lO:i\)A ~

 

DATED: October16, 2013                            .                                              ·

/            .                   .·.                      .                                                                                                      i      l

 

~

 

PB Members	Asst, Ex Asst  Sup.
TB Highway	Supervisor Town Attorney’s Of	OBZPAE PRC	DEME Rec & Park
R&O	Stenog	Fire
Interoffice Mail (Town Clerk}	DEC	Applicant

 

 

 

 

PB #13-39: Artist’s  Studio  Site Plan-  Final Site Plan Approval  Subject to

Conditions/ Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

October  16, 2013

Page 1of8

 

TO: FROM:

Walter Aurell,  171 Kings  Highway,  Orangeburg, New York

Orangetown  Planning  Board

 

 

RE:               Artist’s Studio Site Plan: The application of Walter Aurell, applicant, for Sean Scully, owner, for Prepreliminary/ Preliminary/ Final Site Plan Review at a site to be known as “Artist’s   Studio Site Plan”, in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown, Chapter 21A of the Code of the Town of Orangetown and to determine the environmental significance of the application pursuant to

the requirements of the New York State Environmental Quality Review Act. The site is located at 183 Oak Tree Road, Tappan, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 77.15, Block 1, Lot 32 in the LIO (CO, CS) zoning districts.

 

 

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

Wednesday, October  16, 2013, the Board made the following determinations:

 

Walter Aurel! appeared and testified.

The Board received the following communications:

1. Project Review Committee Report dated October 9, 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 October 16, 2013.
3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated October 10, 2013.
4. A letter from Brooker Engineering, signed by Kenneth DeGennaro, P.E., dated

October 16, 2013.

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

Thomas Vanderbeek, Commissioner of Planning, dated September 24, 2013.

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

Joseph Arena, Senior Engineering Technician, dated October 8, 2013.

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

Scott McKane, P.E., Senior Public Health Engineer, dated September 19, 2013.

8. An interdepartmental memorandum from the Bureau of Fire Prevention, Town of Orangetown, signed by Michael Bettmann, Chief, dated September 26, 2013, with an attachment of FD 103, Fire Code Access and Turn-arounds.
9. A letter from the State of New York Department of Transportation, signed by

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

September 19, 2013.

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

Daniel W. Sullivan, dated September 25, 2013.

 

 

 

3~1.:UO S~B31(}  Ni.01

 

W }_ Md    Rt   nHN Elllt

 

M~~Ol3~NVHO  .:W ~rAOl

 

PB #13-39:  Artist’s    Studio  Site  Plan-   Final  Site  Plan  Approval   Subject   to

Conditions/  Neg.  Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

October   16, 2013

Page 2of8

 

 

 

11. A letter from Tennessee Gas Pipeline Company,  LLC, signed  by

James  Hartman,  Agent  Right of Way,  SRll,  dated  September  25, 2013.

12. A Short Environmental Assessment   Form, signed  by Walter  Aurell.
13. A Site Plan prepared by John A. Loch, P.E., dated August 8, 2013, entitled

Site Plan Prepared for Neo Neo, Inc.

14. A letter to the Planning Board signed by Walter C. Aurel[, CPLA Architects, regarding Proposed Studio, 183 Oak Tree Road, Tappan, New York.

 

The Board reviewed the plan.

 

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

 

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

 

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

P.E. and having heard from the following offices, officials and/or Departments:

 

 

 

PB #13-39:  Artist’s  Studio Site Plan-  Final Site Plan Approval Subject to

Conditions/ Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

October  16, 2013

Page 3 of 8

 

 

 

(Town of Orangetown): Project Review Committee, Office of Building, Zoning, Planning Administration and Enforcement, and the 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 Highways, Rockland County Department of Health, New York State Department of Transportation, and having reviewed the proposed Site Plan prepared by John A. Loch, P.E., a summary of the reasons supporting this determination are, and the Planning Board finds that the proposed action:

 

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

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

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

-Will not significantly affect existing traffic levels;

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

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

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

-Will not have an impairment of the character or quality of important historical,

archeological or architectural resources;

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

 

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

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

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

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

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

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

-Will not create a hazard to human health; and

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

recreational resources.

 

On motion by William Young and seconded by Jeffrey Golda and carried as follows: Kevin Garvey, aye; Bruce Bond, absent; Robert Dell, aye; John Foody, aye; William Young, aye; Michael Mandel, 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 GRANTEDA  FINAL SITE PLAN APPROVAL SUBJECT TO THE FOLLOWING CONDITIONS:

 

 

 

3m.:HO S)HEilO  Nffi!Ol

 

PB #13-39:  Artist’s  Studio Site Plan-  Final Site Plan Approval  Subject  to

Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

October  16, 2013

Page 4of8

 

 

 

1. The fo!lowing 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 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 I l   Regulations.

 

3. Parking calculations shall be provided with the total number of spaces to remain and labeled on the Site Plan. The land banked parking spaces that will be removed shall be noted and the Site Plan shall be modified.

 

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

 

5. A SWPPP, including drainage calculations shall be prepared for this Site Plan, and submitted to DEME for review and approval.

 

6. The existing sanitary building connection shall be shown on the Site Plan.

 

7. Soil erosion and sediment control plans and details shall be submitted to

DEME for review and approval

 

8. All modifications to the existing drainage system shall be shown on the Site

Plan.

 

9. The applicant shall make application to appear in front of the Town of Orangetown Architecture and Community Appearance Board of Review for review and approval of the Site and Architectural Plans.

 

10. The Drainage Consultant to the Planning Board reviewed the submitted information and found that in their opinion, the application successfully mitigates potential significant adverse impacts with respect to drainage and therefore recommends that the Artists’ Studio Site Plan be approved for drainage subject to following Project Comments.

 

The property is located on the south side of Oak Tree Road and slopes downhill to the southeast. Portions of the Sparkill Creek floodplain are on the property. The application is proposing to remove portions of the parking lot for the proposed artists’ studio use. Approximately 13,000 square feet of impervious area is proposed to be removed and replaced with vegetation.  No stormwater quality or quantity measures are proposed and none are required.

 

 

 

 

3ffl::UO S’PJ31D NMO:l

 

to 1  Md   Bl rmN  tmz

 

 

 

 

PB #13-39: Artist’s  Studio  Site Plan-  Final Site Plan Approval  Subject to

Conditions/ Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

October  16, 2013

Page 5of8

 

Continuation  of Condition  #1O ….

 

 

 

Project Comments

1. Show the 100-year floodplain  delineation  of the Sparkill  Creek on the property,
2. Verify if a permit from the Rockland County Drainage Agency is required.
3. Provide an elevation certificate for the existing building.
4. Surface water  runoff  from  the  front  parking  lot  currently flows  in  an easterly direction to a single existing catch basin at the low point in the eastern corner of the parking lot. This catch basin then discharges to a swale  along the  east  property line. This  catch basin is located  in the portion of the parking lot to be removed and the new curb line will impede surface runoff from the remaining parking area from flowing to the existing catch basin. Proposed grading shall be shown for the new curb line along the perimeter of the reduced parking area. The  new low point shall be identified and provisions for drainage of the parking area shall be shown. The curb piece frame and grate from the existing catch basin shall be removed and a new flat frame and grate shall be provided.
5. A map  note  shall  be  added  that  Planning Board  drainage  review  is

required in the event that the parking areas that are being removed for this application are proposed to be rebuilt in the future.

6. Provide sediment and erosion control measures.

 

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

1) A review shall be completed by the Rockland County Drainage Agency and any required permits obtained.

2) A review shall be completed by the United States Army Corps of Engineers and any required permits obtained.

 

12. The Rockland County Department of Highway reviewed the material provided and found the proposed action will have no foreseeable adverse impact upon County Roads in the area. A Work Permit will not be required for the proposed construction and will not require any further correspondence associated with this improvement project.

 

13. The Rockland County Department of Health reviewed the information provided and found that no Rockland County Department of Health approvals are needed for this application.

 

14. The Town of Orangetown Bureau of Fire Prevention had the following comments which are incorporated herein as conditions of approval:

 

1. Upgrade the Fire Alarm System to an NFPA 72 compliant Fire Alarm, connected to Rockland County 44-Control, with Amber and Red Strobes as per Town of Orangetown Town Code.

 

 

PB #13-39:  Artist’s    Studio  Site  Plan-   Final  Site  Plan  Approval  Subject   to

Conditions/  Neg. Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

October   16, 2013

Page 6 of 8

 

 

Continuation  of Condition  #14 ….

 

 

25. Maintain the Fire Sprinkler System  according  to NFPA 25. c. Install Portable  Fire Extinguishers  as per NFPA 25.
26. Provide Emergency Lighting  as per NEC.

 

 

1. Install a Key Box, application to be provided by the Town  of Orangetown

Bureau  of Fire Prevention.

 

 

1. Apply for and maintain a Certificate of Compliance  of Fire Safety with the Town of Orangetown  Bureau  of Fire Prevention.

 

1. The length of the Fire Access may require a tum-around.  The Tappan  Fire

District does not condone the use of a “T” tum-around.

 

15. Tennessee Gas Pipeline Company grants approval of the studio and office conversion of an existing building provided the specific conditions are adhered to as noted in the letter dated September 25, 2013, and in the agreement of construction activities within the confines of the easement area.

 

16. The New York State Department of Transportation reviewed the information submitted and feel the project will have no significant impact on the state transportation system. The Department has no further comments on the proposed subject property.

 

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

Board assuming responsibilities of lead agency for SEQRA purposes:

– Town of Orangetown Zoning Board of Appeals

– Rockland County Department of Highways

– Rockland County Department of Health

– New York State Department of Transportation

 

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

Preparation of Site Plans prior to signing the final plans.

 

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

 

20. 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.

 

 

:3~l:BOSJl8310 NMOl

 

i.D j:_ Yd    81 Mr~  tTJll

 

 

 

 

PB #13-39:  Artist’ s Studio  Site Plan-  Final Site Plan Approval  Subject to

Conditions/ Neg. Dec.

 

Town of Orangetown  Planning  Board Decision

October  16, 2013

Page 7of8

 

 

 

21. 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.

 

22. 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 #13-39:  Artist’s   Studio   Site  Plan-   Final  Site  Plan Approval   Subject   to

Conditions/    Neg.  Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

October   16, 2013

Page 8 of 8

 

 

 

23. 23. 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     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.

 

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

 

25. 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).

 

 

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

 

27. 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

 

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

 

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

 

u~

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

 

 

Dated:  October  16,  2013

Town of Orangetown  Planning  Board

attachment

 

 

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: Artis‘ts StudioSite  Plan- Final Site Plan Approval

Subject to Conditions/  Neg. Dec.

 

SEQR STATUS:      Type I                                        Unlisted XXXXXX

CONDITIONED NEGATIVE DECLARAllON:  Yes                No  XXXXXX

 

DESCRIPTION OF ACTION: Site Plan Review

LOCATION: The site  is located at 183  Oak Tree Road, Tappan,  Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 77.15,  Block 1,   Lot 32 in the LIO (CO, CS) zoning districts.

 

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,   NYSDEC,   – Town Supervisor,   Applicant, Involved Agencies

 

PB #13-40:  Walgreens  Site Plan: Consultation

 

Town  of Orangetown  Planning  Board

October 16, 2013

Page 1of3

 

TO:

 

FROM:

Thomas Tourso,  Landmark,  Tappan, LLC, 392 Main Street, Wyckoff, New Jersey 07481

Orangetown  Planning  Board

 

 

RE:            Walgreen’s Site Plan: The application of Landmark Tappan, LLC, applicant, for Super Power, Inc., owner, for a Site Plan Consultation at a site to be known as “Walgreen’s Site Plan”, in accordance with Article 16 of the Town

Law of the State of New York, the Land Development Regulations of the Town of Orangetown, Chapter 21A of the Code of the Town of Orangetown. The site is located at 81 Route 303, Tappan, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 77.15, Block 1, Lot

24 in the CS zoning district.

 

 

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

Wednesday,  October 16, 2013, the Board made the following determinations:

 

Thomas Tourso, Andy Del Vecchio, and Robert Freud appeared and testified

The Board received the following communications:

1. A Project Review Committee Report dated October 9, 2013.
2. An interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, dated October 16, 2013, signed by John Giardiello, P.E., Director.
3. An Interdepartmental memorandum from the Department of Environmental

Management and Engineering (DEME), Town of Orangetown, dated

October 10, 2013, signed by Bruce Peters, P.E.

4. Narrative entitled Wa!greens Tappan New York, prepared by Landmark

Tappan, LLC., attachment of photographs of existing conditions of site.

5. Conceptual Plan “A”, prepared by Dynamic Engineering, dated

August 27, 2013.

6. Submitted at the meeting by the applicant, Conceptual Site Plan Rendering, prepared by Dynamic Engineering, dated October 16, 2013.

The Board reviewed the plan. Public  Comments:

Tom Jones, 165 Oak Tree Road, Tappan; raised concerns regarding the impact of the lighting from the project site onto his property.  He also held that Oak Tree Road had significant traffic problems and that the additional development would only further increase congestion to area roadways.

 

CONSULTATION: In view of the foregoing and the testimony before the

Board, the Board offered the following COMMENTS:

 

1. The property lies within a CS zone district and the Route 303 Overlay Zone.

 

2. The use of the mezzanine shall be disclosed such as all storage, combination of office and storage, etc.

 

 

 

 

 

 

 

 

 

tfl  1   i.Jd    91 PJlrl  twl

 

NA\Ol35NV!:W  JO NFA01

 

PB #13-40:  Walgreens Site Plan:  Consultation

 

 

Town  of Orangetown Planning Board

October 16, 2013

Page 2 of 3

 

 

 

3. A variance from the Town of Orangetown Zoning Board of Appeals shall be required for the number of parking spaces and that more than 35% are within the front yard of Route 303 (Route 303 Overlay). The Bulk Table shall show the parking requirements.

 

4. The residential buffer in not required for the rear property line since it does not adjoin or lie within 25 feet of the residential zone district. Therefore the actual rear yard setback shown for the proposed building is 55 feet. However, the Route 303 Overlay Zone does require a 25 foot minimum “Vegetative Buffer” adjacent to a residential use. Please label the Site Plan as such.

 

5. The applicant shall provide a 25 foot vegetative buffer along Route 303 in accordance with the Route 303 Overlay Zone.

 

6. The Route 303 Overlay Zone requires additional items that need to be addressed. Please review Section 13-10, “Nonresidential areas”, Chapter 43 for more information.

 

7. No outdoor loading berths are permitted except by the Planning Board of Zoning Board of Appeals. (Note 6, Column 7, Table of General Use Regulations, CS District).

 

8. The dumpster location shall be shown on the Site Plan.

 

9. The Site Plan and Architectural Plans shall be reviewed by the Town of

Orangetown Architecture and Community Appearance Board of Review.

 

10. The proposed sanitary building connection shall be shown on the Site Plan.

 

11. A SWPPP, including drainage calculations, shall be prepared for this Site

Plan, and submitted to DEME for review and approval.

 

12. Soil erosion and sediment control plans and details shall be submitted to

DEME for review and approval.

 

13. Copies of all correspondence, including any and all approvals, with the New York State Department of Environmental Conservation, New York State Department of Transportation, Rockland County Department of Health, etc., in connection with this proposed Site Plan, which shall be supplied to the Planning Board and to DEME, prior to signing the map.

 

 

3Qtj~OS’f8310 N~.Oi to }_ wd    s1 rm~ tD!Z Nf~f~f”i·v·}J..:’…l.v,Gt~’\~;-n-.{O  .:HJ  N~Ol

 

PB #13-40:  Walgreens Site Plan: Consultation

 

 

Town of Orangetown Planning Board

October 16, 2013

Page 3 of 3

 

14. Due to the multiple turning movement conflicts created by the proposed two lane exist and its proximity to the intersection of Route 303 and Oak Tree Road, the proposed entrance/ exit along Route 303 shall be revised to be an entrance only for safety reasons.

 

15. Typical details shall be included with the drawings (i.e. catch basin, curbing, pavement, etc.)

 

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

Dated: October 16, 2013           Ch 0 Jv.,J? Cov~5vtv~

Town  of Orangetown Planning Boa’;’.ci  0 …_,

 

 

 

30E!d0 S}lB31D  tUAO:l ee 1  Md   Si OON  Elttl N~Ol3fYNvBO .:W  !Ht.01

 

 

 

 

PB #13-41:  Brereton  and Messina  Resubdivision Plan:  Final Resubdivision

Plan Approval Subject to Conditions/ Neg. Dec.

 

 

Town of Orangetown   Planning  Board  Decision

October 16, 2013

Page  1of7

 

TO:

 

FROM:

Sarah  Brereton,  53 North WilliamsStreet, Pearl River, New York 10965

Orangetown Planning Board

 

 

 

 

RE:            Brereton & Messina Resubdivision Plan: The application of Sarah and Peter Brereton, applicants, for Sarah and Peter Brereton and Sharon Messina, owners, regarding a lot line change for Prepreliminary/ Preliminary/ Final Resubdivision Plan Review at a site to be known as “Brereton& Messina ResubdivisionPlan”, 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 53 and 55 North Williams Street, Pearl River, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 68.16, Block 4, Lots 30 & 31 in the RG zoning district.

 

 

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

Wednesday, October16, 2013, the Board made the following determinations:

 

Sarah and Peter Brereton and Jack Messina appeared and testified. The Board received the following communications:

1. Project Review Committee Report dated October 9, 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 October 16, 2013.
3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated October 10, 2013.
4. Letters from the Rockland County Department of Highways, signed by

Joseph Arena, Senior Engineering Technician, dated October 8, 2013.

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

Vincent Altieri, Executive Director, dated September 30, 2013.

6. Letters from Rockland County Department of Health, signed by Scott McKane, P.E., Senior Public Health Engineer, dated September 20 & 23, 2013.
7. A letter from the New York State Department of Environmental Conservation, signed by Janet Swentusky, Environmental Program Specialist 1 ,  Region 3, dated September 23, 2013.

 

PB #13-41:  Brereton  and Messina  Resubdivision Plan:  Final Resubdivision

Plan Approval Subject to Conditions/ Neg. Dec.

 

 

Town  of Orangetown   Planning  Board  Decision

October 16, 2013

Page 2of7

 

 

 

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

Daniel Sullivan, Chairman, dated September 25, 2013.

9. A Short Environmental Assessment Form signed by Sarah Brereton, dated

September 11, 2013.

10. A Subdivision Plan prepared by Robert E. Sorace, PLS, dated

September 9, 2013.

 

The Board reviewed the plan.

 

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

 

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

Robert Dell, aye; John Foody, aye; Michael Mandel, aye and Jeffrey Golda, aye;

the Board declared itself Lead Agency.

 

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

 

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

Robert Sorace, PLS, and having heard from the following offices, officials and/or

Departments: (Town of Orangetown): Project Review Committee, Office of

 

 

 

PB #13-41:  Brereton   and  Messina   Resubdivision   Plan:  Final  Resubdivision

Plan Approval  Subject to Conditions/  Neg. Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

October 16, 2013

Page 3of7

 

 

 

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 Drainage Agency, Rockland County Department of Highways, and having reviewed the Subdivision Plan by prepared by Robert Sorace, 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;

23w

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

 

DECISION: In view of the foregoing and the testimony before the Board, the application was GRANTEDA  FINAL APPROVAL SUBJECT TO THE. FOLLOWING CONDITIONS:

 

PB #13-41:  Brereton   and  Messina   Resubdivision   Plan:  Final  Resubdivision

Plan Approval  Subject   to Conditions/  Neg.  Dec.

 

 

Town  of Orangetown    Planning   Board  Decision

October   16, 2013

Page 4of7

 

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

 

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

Zoning  Board of Appeals:

 

LOT #30 (Brereton)

Variance                                        Existing                              Proposed

 

1. a) Minimum Lot Area

Required  is 10,000 sf.                7,444 sf.                                9,495  sf.

 

1. b) Minimum Lot Width

Required  is 75 ft.                                                                              56 ft.

 

1. c) Minimum Total Side Yard

Required  is 30 ft.                                                                           28.1 ft.

 

 

1. d) The existing Storage Building  on Lot #30  requires  5 feet from  rear and side lot lines and 3 feet and 2 feet are

 

 

 

 

1. a) Minimum Rear Yard

LOT #31 (Messina) Existing

 

Required  is 25 feet                      10.7 ft.

 

 

 

4. The Short Environmental Assessment  Form shall be answered  as indicated below:

Item #7 shall indicate the entire  land area initially and ultimately,  such as 0.59 acres for both.

Item #8 shall be answered  “No” and “Zoning  Board of Appeals variances  required”.

 

PB #13~41: Brereton and Messina Resubdivision Plan: Final Resubdivision

Plan Approval Subject to Conditions/ Neg. Dec.

 

 

Town  of Orangetown Planning Board

October 16, 2013

Page 5of7

 

 

 

5. The existing sanitary sewer house connections shall be shown on the

Resubdivision Plan.

 

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

 

7. Based on the information provided, there are no Rockland County Department of Health approvals needed for this application

 

8. The current proposal is for a lot line change. 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.

 

9. 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 Health Department

– Rockland County Drainage Agency

– Town of Orangetown Zoning Board of Appeals

 

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

Preparation of Subdivision Plans prior to signing the final plans.

 

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

 

12. 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.

 

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

Plan:

The Tree Protection and Preservation Guidelines adopted

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

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

 

PB #13~41: Brereton  and Messina Resubdivision   Plan: Final Resubdivision

Plan Approval  Subject  to Conditions/  Neg. Dec.

 

Town of Orangetown  Planning  Board

October  16, 2013

Page 6of7

 

Continuation   of Condition  #13 …

 

 

 

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

 

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

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

 

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

 

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.

 

 

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

 

 

PB #13-41:  Brereton   and  Messina   Resubdivision     Plan:  Final  Resubdivision

Plan Approval   Subject   to Conditions/    Neg.  Dec.

 

 

Town  of Orangetown    Planning   Board

October   16, 2013

Page 7 of 7

 

 

 

Continuation of Condition #17 ….

 

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, and signs and refuse control.

 

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

 

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

:a::~::::::::~~13     OUJtf·

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

 

{m   r   ••  ·_J(

Town of Orangetown  Planning  Board                  ~N\ljU           J

attachment

 

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: Brereton  and Messina Resubdivision   Plan:

 

SEQR  STATUS:       Type  I                                                                     Unlisted XXXXXX

CONDITIONED   NEGATIVE  DECLARATION:    Yes                 No   XXXXXX

 

 

DESCRIPTION   OF ACTION:   Final Resubdivision   Plan Approval  Subject to

Conditions/  Neg. Dec.

 

RE:   Resubdivision   Plan

LOCATION:   The site is located  at 53 and 55 North Williams  Street,  Pearl River, Town  of Orangetown,   Rockland  County,  New York, and as shown on the Orangetown  Tax Map as Section  68.16,  Block 4, Lots 30 & 31 in the RG 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.  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 #13-42:  Heaton  Fitzgerald   Subdivision:   -Recommendatton   to the Town

Board  to Release  the  Performance   Bond

 

 

Town  of Orangetown    Planning   Board  Decision

October  16, 2013

Page 1   of 1

 

 

TO:         Kevin Ramsay,  572 Route 303, Blauvelt,  New York  10913

FROM:   Orangetown   Planning  Board

 

 

RE:     Heaton  Fitzgerald  Subdivision   Performance  Bond: The application  of

Kevin  Ramsay,  owner, for a Recommendation   to the Town  Board to Release  the Performance  Bond, at a site known  as “Heaton   Fitzgerald   Subdivision”,   in accordance  with Article  16 of the Town  Law of the State of New York, the Land Development   Regulations  of the Town  of Orangetown,  Chapter  21 of the Code of the Town of Orangetown.  The site is located at 45 Main Street, Tappan,  Town of Orangetown,   Rockland  County,  New York, and as shown  on the Orangetown  Tax Map as Section  77 .14, Block  1, Lots 5.1, 5.2, & 5.3 in the R-15 zoning district.

 

Heard by the Planning  Board of the Town  of Orangetown  at a meeting  held Wednesday,  October  16, 2013, at which  time the Board made the following determination:                                                                  –

 

 

The Board received  the following  communications:

1. Interdepartmental  memorandum   signed  by John  Giardiello,  P.E., Director  of the Office of Building, Zoning  and Planning  Administration   and Enforcement, Town  of Orangetown,  dated  October  16, 2013.
2. Interdepartmental memorandum   signed  by James  Dean, Superintendent, Town  of Orangetown  Highway  Department,  dated August  6, 2013 and

Joseph  Moran,  P.E., Commissioner,   Department  of Environmental   Management and Engineering/Sewer   Department,  dated,   dated August  13, 2013.

3. PB # 06-85, Request for Second 90 Day Extension to File the Subdivision Plan

and Recommendation to the Town Board to Establish the Value and Term of the

Performance Bond dated November 8, 2006.

 

The Board reviewed the request.

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

 

RECOMMENDATION: In view of the foregoing, the Planning  Board Recommended to the Town Board to Release the Heaton Fitzgerald Subdivision Performance Bond.

 

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

this Recommendation  and file a certified copy in the Office of the Town Clerk and this Office of the Planning Board.

 

The foregoing Resolution was made by William Young and seconded by

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

 

Dated: October  16, 2013             (1 ~  n M 0

Town of Orangetown  Planning  BYa;d\.JV'()-

Co~~

3’3l:UO  S~HL310 NMOl

rm   t  Md   BI AHN  nnz

 

PB #13-43:   Virginia  Homes  Subdivision     Plan –  Final  Subdivision    Plan

Approval    Subject   to Conditions

 

 

Town  of Orangetown    Planning   Board  Decision

October   161     2013

Page 1  of 10

 

TO: FROM:

Jay Greenwell,  85 Lafayette  Avenue,  Suffern,  New York  10901

Orangetown   Planning  Board

 

 

RE:                 Virginia  Homes  Subdivision   Plan: The application  of

Kevin J. Ramsay,  owner, for Final Subdivision   Plan Review of a 7 lot subdivision, at a site to be known  as “Virginia  Homes Subdivision Plan”,   in accordance with Article  16 of the Town  Law of the State of New York, the Land Development Regulations  of the Town  of Orangetown,  Chapter  21 of the Code of the Town  of Orangetown.    The site is located  on the South  side of William  Street at the intersection  of William  Street  and Sparkill  Avenue,  Sparkill,  Town  of Orangetown, Rockland  County,  New York,  and as shown on the Orangetown  Tax  Map as Section  77.08,  Block 5, Lots 33.2 & 36 in the RG zoning  district.

 

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

October  16, 2013, at which  time the Board made the following  determinations: Jay Greenwell  and Kevin  Ramsay  appeared  and testified.

The Board received  the following  communications:

1. A Project Review Committee  Report dated October  9, 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  October  16, 2013.
3. An interdepartmental memorandum   from the Department  of Environmental Management   and Engineering,  (DEME)  Town  of Orangetown,  signed  by Bruce  Peters,  P.E., dated  October  10, 2013.
4. A letter from Brooker Engineering, signed  by Kenneth  DeGennaro,  P.E., dated

October  2, 2013, with attachments.

5. A letter from the Rockland County Department  of Planning,  signed  by Thomas  B. Vanderbeek,   P.E., Commissioner  of Planning,  dated September  23, 2013.
6. A letter from the Rockland County Department  of Highways,  signed  by

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

7. A letter from the Rockland County Drainage  Agency,  signed  by Vincent  Altieri, Executive  Director,  dated  September  18, 2013.
8. A letter from Rockland County  Department  of Health,  signed  by

Scott  McKane.  P.E., Senior  Public Health  Engineer,  dated September  3, 2013.

9. A letter from the New York State Department of Environmental   Conservation, Division  of Environmental   Permits,  Region  3, signed  by Rebecca  Crist, Environmental  Analyst,  dated September  4, 2013.

 

 

PB #13-43:  Virginia  Homes Subdivision   Plan –  Final Subdivision  Plan

Approval  Subject  to Conditions

 

Town of Orangetown  Planning  Board Decision

October  16,  2013

Page 2of10

 

 

 

10. 10. An interdepartmental  memorandum  from the Superintendent   of Highways, Town  of Orangetown,   signed  by James  J.  Dean,   dated  September  26, 2013,   with the following   attachments;

– interdepartmental    memorandum   to the Planning  Board Chairman   dated

September  21,   2012

– Example  of Veteran’s   Road Sign Dedication

– Copy of letter to John  Murphy,   dated  May 4,  2009 signed   by James  Dean, requesting  street  name for First Class Jesse  Goswick

– Backup  letters and service  records  of Mr.  Goswick

11. 11. A Drainage  Report prepared  by Paul Petretti,   P.E.,  dated  May 2012,  last revision   date of June 6,  2013.
12. 12. Subdivision  Plans prepared  by Jay Greenwell  PLS,  dated  May 10,   2012:

Sheet  1:   Subdivision   of Property,  revised  July 17,   2013

Sheet 2:  Grading,  Drainage  & Utility  Plan,   revised  July 17, 2013

Sheet 3:  Plan and Profiles,    revised July  17,  2013

Sheet 4: Construction  Details,   revised July 17,  2013

Sheet  5:  Sanitary  Sewer,  revised   July 17,   2013

Sheet  6:  Stormwater   Pollution  Prevention  Plan (SWPPP)  and Erosion  & Sediment  Control  Plan (E & SCP)  and Tree  Plan,

revised  July 17,  2013

Sheet  7: United  Water  New York Water  Main Extension  Details

13. 13. Copies   of the following   Board  Decisions:    ACABOR  #13-15,    Approved  Subject to Conditions,  dated April 4,  2013   and PB #12-37,    Preliminary    Subdivision    Plan Approval   Subject  to Conditions  I Neg.   Dec.,   dated September  24,  2012.

 

The Board reviewed  the Subdivision    Plan.

 

 

The hearing was then opened  to the Public.   There  being  no one to be heard from the Public,   a motion was made to close  the Public Hearing   portion  of the meeting  by William   Young  and seconded  by Michael   Mandel  and carried   as follows:   Kevin Garvey,   aye;  Bruce  Bond,  absent;  Michael   Mandel,   aye;

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

 

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

 

1. The following note shall   be placed   on the Subdivision     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.”

 

PB #13-43:   Virginia  Homes  Subdivision   Plan –  Final  Subdivision   Plan

Approval  Subject   to Conditions

 

 

Town  of Orangetown  Planning   Board  Decision

October   16, 2013

Page 3of10

 

 

2. The following note shall be placed on the Subdivision  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 pertinent  and relevant  conditions  of all previous  Board Decisions:  ACABOR  #13-15,Approved   Subject

to Conditions,  dated April 4, 2013 and  PB #12-37,  Preliminary  Subdivision  Plan

Approval  Subject to Conditions/  Neg. Dec., dated  September  24, 2012.

 

4. The Board suggested that the Contract  Limit Line of Lot #3 be increased  to 25

feet on the south side of the lot.

 

5. The rim and invert elevations for all proposed sanitary  sewer manholes  shall be shown  on the Subdivision  Plan.

 

6. A note shall be added to the plans on Lots #3 and #7, that gravity house connections  are not available  to the lots and a private sanitary  pumping  system  is required,  and the maintenance  of the pumping  systems  shall  be the responsibility of the individual  home owners.

 

7. A Stormwater Pollution Prevention  Plan is required  for this subdivision.  The

SWPPP  shall carefully  define the sequence  of construction  especially  as it

relates to the use of the existing  detention  basin for both uses as a sediment  trap and the completed/  altered  basin required  for the additional  runoff for the subdivision.

 

8. The revised drainage calculations  are currently  under review by DEME.

 

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

DEME.

 

10. The proposed sanitary mains and manholes  shall  be labeled  on the profile (drawing  #3).  The applicant’s  engineer  shall consider  separating  the storm and sanitary  lines into separate  profiles  (for ease of review).

 

11. A detail for the connection to the existing sanitary  manhole  on William  Street shall be added to the plans.

 

12. The proposed private sanitary  pumping  systems  for Lots #3 and #7 shall meet ten state standards  and  NYSDEC  requirements  (i.e. 24 hour storage, maintenance,  etc).  Also, the applicant  shall ensure that a maintenance agreement  between  the purchaser  of said lots and a pump maintenance

company  shall be in place at the time of the sale of the lot for a minimum  of one year.   This information shall  be provided  to DEME prior to the signing  of the Subdivision map.

 

PB #13-43:   Virginia  Homes  Subdlvlslon   Plan –  Final  Subdivision   Plan

Approval    Subject   to Conditions

 

 

Town  of Orangetown  Planning   Board  Decision

October   16, 2013

Page 4of10

 

 

 

 

13. A demolition permit is required to remove the existing dwelling on Lot #4. This shall be done prior to the signing of the subdivision map.

 

14. The planting circle in the cul-de-sac at the end of the road way is appropriate and shall be installed. The entire planting circle at the end of the development roadway shall be a No Parking Fire Zone. Signage shall be in place before the Certificate of Occupancy’s are issued for the houses in the circle.

 

15. The Drainage Consultant to the Planning Board, Brooker Engineering, held that the information provided demonstrates that potential significant adverse environmental impacts to stormwater quantity can be addressed by utilization and modification of the existing stormwater management basin. The Consultant therefore recommends that the Virginia Homes Subdivision be approved for drainage subject to the following Project Comments:

 

Project Background:

This is Brooker Engineering’s second drainage review report to the Planning Board for this project; the last review was dated July 24, 2012. The property is located on the south side of William Street, just southeast of the intersection of William Street and Washington Street. The property slopes downhill to the south in the direction of the Sparkill Creek. The 100-year floodplain of the Sparkill Creek is near the southern limits of the site; the floodplain encroaches on the perimeter of Lots 2 and 3. No development is proposed to encroach within the regulated floodplain.

 

The site utilizes an existing detention basin just south of proposed Lot 7. This detention basin was constructed as part of the adjacent “Graney Gardens subdivision” east of the Rail Trail. The detention basin as described in the drainage report for Virginia Homes Subdivision was overgrown and in need of maintenance. At the time of the site visit, the maintenance of this basin had been performed. The drainage basin parcel was cleared of debris and overgrowth and appeared oversized in terms of being able to accommodate stormwater runoff from the Virginia Homes Subdivision to achieve “no net increase in peak runoff rates”. The detention basin is owned by the Town of Orangetown; any modifications to this basin would require approval from Orangetown DEME in terms of maintenance with respect to updated NYSDEC requirements. Utilizing this basin as a stormwater management basin appears to be a practical solution to meet stormwater management requirements and efficiently enact maintenance by the Town of Orangetown.

 

PB #13-43:   Virginia Homes  Subdivision Plan –  Final Subdivision Plan

Approval Subject to Conditions

 

 

Town  of Orangetown Planning Board  Decision

October 16, 2013

Page 5of10

 

Continuation of Condition #15 …

 

 

 

Project Comments:

1)  Detailed grading and additional spot grades shall be provided where the

new road intersects William Street. The proposed road profile shows the new road sloping up, away from William Street, which may result in puddling at the southern corner 1n the bend at William Street. Additional catch basins may be needed to prevent puddling. Spot grades shall be added at the crown in the road and along the edge of pavement. The western curb line at the entrance of the new road to William Street shall be clearly shown and spot grades added that shows the direction of flow of stormwater runoff.

 

2}  As per the Drainage Consultant’s July 24, 2013 report, the “stone retaining wall to be removed” on Lot 5 is a check dam located in a drainage swale. This area most likely historically experienced higher stormwater runoff, which may have been used to create a ponding effect. Off-site runoff to

this location shall be analyzed to confirm that no intermittent stream is

present at this location, which may impact the future homeowner’s use of the backyard. The drainage pattern at this location may have been altered so that the check dam is no longer of significance; however, this shall be confirmed by the applicant’s engineer. Additionally, the current plans state the check dam is to be removed while the May 2012  Drainage Report states the check dam is to act as a water quality practice (page 3 of the Conclusions and Recommendations). This shall be reconciled.

 

 

3)  Proposed grading is shown south of the property on Town of Orangetown property. This shall be approved by the Town of Orangetown.

 

 

4)  Rim and invert elevations for the proposed drainage structures shall be added on the “Grading, Drainage & Utility Plan”.

 

 

5)  The routing calculations shall clearly show the on-site and off-site drainage basins that enter the detention basin and route these flows accordingly. A drainage basin map supporting this shall be included in the Drainage Report.

 

 

6) The “catchment areas” map on the drainage report plan shall show proposed grading to assist in review of the catchment area delineation. The catchment areas shall contain a description to describe their purpose. The nexus between the catchment areas on this plan and the hydrologic model shall be provided to assist in the review of the hydrologic modeling contained in the drainage report.

 

 

7)  The drainage report shall clearly show the point of interest being analyzed, the existing conditions runoff and the proposed conditions peak runoff

rates for the design storms. The type of Best Management Practice as per

NYSDEC regulations for the proposed modifications for the Stormwater

Management Pond shall be identified in the Drainage Report and all requirements addressed.

 

PB #13-43:   Virginia  Homes  Subdivision   Plan –  Final  Subdivision   Plan

Approval  Subject   to Conditions

 

 

Town  of Orangetown  Planning   Board  Decision

October   16, 2013

Page 6of10

 

 

Continuation   of Condition    #15 …

 

 

 

8)  The erosion  control  plan shall be developed  to include  the proposed phasing  plan and other recommended   methods  by the NYSDEC,  included check dams, sedimentation   basins,  etc.

 

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

• As indicated in the Rockland  County  Department  of Highways  letter dated September  12, 2013, a work  permit  must be obtained  prior to any construction  on site.

 

• 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.

 

• As indicated  in the July 19, 2012  letter from the Rockland  County

Drainage  Agency,  a permit from that agency  will be required.

 

 

• A review shall be completed  by the United States  Army Corps of

Engineers  and all required  permits  obtained.

 

 

• The Conservation  Easement  must be described  on the individual  lot deeds for the impacted  lots, so that the future  owners  know of its existence  and the limitation  of the easements,  such as no grading,  fill or structures  within
• its boundaries.    Boulders  or some  other boundary  markers  should  be used

to delineate  the area to be left in its natural state.

 

 

• An updated  review  must be completed  by the County  of Rockland  of

Health,  and all required  permits  obtained.

 

 

• 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.

 

• Water is a scarce  resource  in Rockland  County; thus proper  planning  and phasing  of this project are critical  to supplying  the current  and future residents  of the Towns,  Villages,  and County  with an adequate  supply  of water.   All major subdivision,  i.e., those with five or more lots, must be reviewed  and approved  by the Rockland  County  Department  of Health (RODOH)  prior to filing with the County  Clerk.   RCDOH  is mandated  by NYS law to ensure  that such subdivision  will have both an adequate  and satisfactory  water  supply  and adequate  and satisfactory  sewage  facilities. RCDOH  must also review and approved  all public water  supply

 

PB #13-43:   Virginia Homes  Subdivision Plan –  Final Subdivision Plan

Approval Subject to Conditions

 

 

Town  of Orangetown   Planning Board  Decision

October 16. 2013

Page 7of10

 

 

Continuation of Condition #16 …

 

 

• improvements,  e.g., water  main extensions,  including  those  required to serve a proposed  major subdivision.    In order to complete  an application for approval  of plans for public water  supply  improvements,   the water supplier  must supply  an engineer’s  report pursuant  to the “Recommended Standards  for Water Works,  2003 Edition,”  that certifies their ability to serve the proposed  project while meeting  the criteria contained  within the

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

 

 

• 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  New York State Guidelines  for Urban Erosion  and Sediment  Control.

 

 

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

 

 

 

17. 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  ($9,000.00  for every vacant  new residential  lot). In addition,  for every new  vacant  residential   lot, $80.00  will  be collected  for the  Stream  Maintenance Fund.

 

18. The new street name shall be “Goswick  Court”,  named after Private  First

Class Jesse  Goswick,  a World War  II Veteran.

 

19. Rockland County Department  of Highways  found  the proposed  project as submitted  shall  have a de minimis  impact to county  roads in the area.

 

20. A Rockland County Highway  Department  Work  Permit will be required  prior to any proposed  construction  on site.

 

PB #13-43:  Virginia  Homes Subdivision  Plan –  Final Subdivision  Plan

Approval  Subject  to Conditions

 

Town of Orangetown  Planning  Board Decision

October  16, 2013

Page 8of10

 

 

 

21. Rockland County Health  Department  (RCDOH)  reviewed  the plans and found the applicant  must complete  the following  actions:

 

1. Submit a formal application  for Realty Subdivision  Approval  to

RCDOH,

 

1. Application is to be made to RCDOH  for a water  main extension.  This application  is to be made through  United Water  New York, and

 

1. Separate application is to be made to the RC DOH for review of the storm water  management   system  for compliance  with the County Mosquito  Code.
2. Based upon Rockland County  Drainage  Agency  (RCDA)  evaluation  of

available  mapping  and information  submitted,  the site has been determined  to be within the jurisdiction  of the RCDA. Accordingly,   a permit from the RCDA

pursuant  to the Rockland  County  Stream  Control  Act is required.   Please have the applicant  submits  an application  to RCDA  immediately.   Please be advised that Rockland  County  Stream  Control  Act, Chapter  846, required 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.

 

In addition,  a portion of the site appears  to be located within  mapped federal wetlands.  The RCDA  suggests  that the U.S. Army Corps of Engineers  be contacted  and requested  to make a jurisdictional   determination   regarding  the proposed  activity.

 

23. The applicant shall apply to the New York State Department  of Environmental

Conservation  for the needed  permits  as noted in the letter dated

September  4, 2013.

 

 

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

Preparation  of Subdivision  Plats prior to signing  the final plans.

 

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

 

26. All of the conditions of this decision,  shall be binding  upon the owner of the subject  property,  its successors  and /or assigns,  including  the requirement  to maintain the property  in accordance  with the conditions  of this decision  and the requirement,  if any, to install improvements   pursuant  to Town  Code §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.

 

 

 

-:tntJ      q)    <:V>-\’Jl~  N~Oi

;l·V~..J.::kV            ..,.,.~,i-:       ‘

hO   t  Yd   Sl ftflN  mt.

 

PB #13-43:  Virginia  Homes Subdivision   Plan –  Final Subdivision  Plan

Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

October  16, 2013

Page 9of10

 

 

 

27. TREE PROTECTION:  The following  note shall be placed  on the subdivision plan:

The Tree  Protection  and Preservation  Guidelines  adopted

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

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

established  by one of the following  methods:

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

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

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

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

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

equal over the area to be protected.

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

more than six (6) inches, trees designated  to be preserved  shall  be welled

and/or  preserved  in a raised bed, with the tree well a radius of three (3)

feet  larger than the tree canopy.

 

 

28. 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.

 

29. Prior to the commencement   of any site work,  including  the removal  of trees, the applicant  shall  install the soil erosion  and sedimentation   control as required by the Planning  Board.   Prior to the authorization  to proceed  with any phase of the site work, the Town of Orangetown   Department  of Environmental

Management   and Engineering  (DEME)  shall inspect the installation  of all

required  soil erosion  and sedimentation   control  measures.   The applicant  shall contact  DEME at least 48 hours  in advance  for an inspection.

 

 

3′.0l:!.:W S>t’cl31;}  NM.01

hO ~- t!d  sr rmw  miz

–

NM013~NV’80  30  NMOl.

 

PB #13-43:   Virginia  Homes  Subdivision   Plan –  Final  Subdivision   Plan

Approval  Subject to Conditions

 

 

Town  of Orangetown    Planning   Board  Decision

October 16, 2013

Page 10of10

 

 

 

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

 

31. 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).

 

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

 

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

 

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

 

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

 

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

cJ~

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

Dated: October 16, 2013                             C@ng,,_ ~Jf;

Town of Orangetown  Planning  B~arc(J,._         l…v~ u  I”

 

Town  of Orangetown    Planning   Board

 

 

PB#13-44:   Kopunek   Subdivision    Plan:  Final  Subdivision     Plan Approval

Subject   to Conditions

 

 

Town  of Orangetown    Planning   Board

October   16, 2013

Page  1of5

 

TO:

 

FROM:

Kathy  Kopunek,   20 Steuben   Avenue,   Tappan, New York  10983

Orangetown  Planning  Board

 

 

RE:    Kopuneck Subdivision Plant: The application of Catharine Kopuneck, owner, (Donald Brenner, attorney for the applicant) for a Final Subdivision Plan Review, at a site to be known as “Kopuneck Subdivision   Plan”, in accordance with Article 16 of the Town Law of the State of New York, the Land Development Regulations of the Town of Orangetown, Chapter 21 of the Code of the Town of Orangetown. The site is located at 20 Steuben Avenue, Tappan, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 77.06, Block 2; Lot 69 in the R-15 zoning district.

 

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

Wednesday,  October  16, 2013, the Board made the following determinations:

 

Kathy Kopunek and Donald Brenner appeared and testified. The Board received the following communications:

1. Project Review Committee Report dated October 9, 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 October 16, 2013.
3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated October 10, 2013.
4. A letter from Rockland County Department of Health, signed by

Scott McKane, P.E., Senior Public Health Engineer, dated October 1, 2013.

5. A Subdivision Plan prepared by Robert E. Sorace, PLS, dated May 3, 2013,

revised September 26, 2013.

6. Copy of PB #13-24, Preliminary Approval Subject to Conditions, Neg. Dec.,

dated July 10, 2013 and ZBA #13-68, Approved Floor Area Ratio, Front Yard, Side Yard, Total Side Yard and Rear Yard for Lot #1 and Lot Width for Lots #1 and #2, Approved, dated September 25, 2013.

 

The Board reviewed the plan.

 

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

 

 

3m.:ld0 S)rd310 NMOl

Ml  ‘t Md    BI fttll’!.  ·W!Z

 

 

PB#13~44:  Kopunek   Subdivision   Plan:  Final  Subdivision  Plan  Approval

Subject to Conditions

 

Town  of Orangetown    Planning   Board

October   16, 2013

Page 2 of 5

 

DECISION:   In view  of the foregoing  and  the  testimony  before  the  Board,  the applicant  was  GRANTED  A FINAL  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”.

 

2. The following note shall be placed on the Subdivision Plan: “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 applicant shall comply with all pertinent and applicable conditions of all previous Board Decisions: PB #13-24, Preliminary Approval Subject to Conditions/ Neg. Dec., dated July 10, 2013 and ZBA #13-68, Approved Floor Area Ratio, Front Yard, Side Yard, Total Side Yard and Rear Yard for Lot #1 and Lot Width for Lots #1 and #2, Approved, dated September 25, 2013.

 

4. The applicant shall re-appear at the Planning Board upon submission of a Development Plan for Lot #2 to the Town of Orangetown Office of Building, Zoning, Planning Administration and Enforcement.

 

5. Conditions #7, #8 and #9 of PB #13-24, Preliminary Subdivision Plan Approval Subject to Conditions, dated July 10, 2013 shall take affect when Lot #2 reappears at the Planning Board with a Development Plan.

“PB #13-24:

7. The proposed sanitary sewer house connection with connection detail

shall be shown on the plan, including all inverts for Lot #2.

8. The proposed driveway for Lot #2 shall be shown on the plans.
9. Soil erosion and sediment control plans and details shall be shown on the plan.”

 

6. Note #13 on the Subdivision Plan, last revision date of September 26, 2013, shall be corrected by deleting ACABOR and replacing it with “Planning Board”.

 

 

3·~”‘t·–i30  S~H310 NPAOl

bl\  1  tJd    Bl  OON  ilffZ

–   —

 

PB#13-44:   Kopunek   Subdivision     Plan:  Final  Subdivision   Plan Approval

Subject   to Conditions

 

 

Town  of Orangetown    Planning   Board

October   16, 2013

Page 3of5

 

 

 

7. The existing shed shall be removed prior to the Clerk of the Planning  Board signing  the Subdivision   Plat.

 

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

 

9. Application is to be made to the Rockland County  Department  of Health for review of the Stormwater  Management   system for compliance  with the County Mosquito  Code on proposed  Lot #2.

 

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

Preparation  of Subdivision   Plans prior to signing the final  plans.

 

 

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

 

12. 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.

 

13. 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  ($9,000.00  for every vacant  new residential  lot). In addition,  for every new  vacant  residential  lot,  $80.00  will  be collected  for the  Stream  Maintenance Fund.

 

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

Plan:

The Tree  Protection  and Preservation  Guidelines  adopted

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

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

 

PB#13~44:  Kopunek   Subdivision   Plan:  Final  Subdivision    Plan  Approval

Subject   to Conditions

 

 

Town  of Orangetown    Planning   Board

October   16, 2013

Page 4 of 5

 

 

Continuation   of Condition   #14 …

 

 

 

 

1. The Tree Protection Zone for trees designated  to be preserved  will be established  by one of the following  methods:

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

equal over the area to be protected.

 

 

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

 

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

 

16. 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.

 

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

 

PB#13-44:   Kopunek   Subdivision     Plan:  Final  Subdivision    Plan Approval

Subject   to Conditions

 

 

Town  of Orangetown    Planning   Board

October   16, 2013

Page 5 of 5

 

 

18. 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).

 

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

 

20. 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

 

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

 

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

 

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:October16,2013           ~.                     Couf-4~

Town of Orangetown  Planning  Board    0 ‘-

 

 

:J!Jt.:UO  s~~31!)  Nm91

hfl  r Md    HI llBN  tml