Meeting Overview

Meeting  of October   28, 2015

Town of Orangetown Planning Board

 

MEMBERS PRESENT:  Kevin Garvey,   Chairman;    Bruce Bond,  Vice-Chairman; Michael    Mandel;    Stephen  Sweeney;   William   Young;  Robert  Dell  and

Thomas  Warren

 

MEMBERS ABSENT:  None

 

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

Chief Clerk

 

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

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

 

Rohland Site Plan

Final   Site Plan   Review

401- 407 Western  Highway,    Tappan

74.18/3/31;     LO zoning district

 

Final Site Plan Approval

Subject to Conditions

PB #15–51

 

 

Rohland Commercial  SubdivisionPlan                                       PB #15–52

Final   Subdivision    Plan Review                    Final  Commercial

401- 407 Western  Highway,   Tappan          SubdivisionApproval

74.18/3/31;      LO zoning   district                      Subject to Conditions

 

 

 

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.

 

The decisions    of the October  14,   2015 Planning   Board Meeting   was reviewed, edited, and   approved.   The  motion   for adoption   was made and moved by Thomas  Warren  and   seconded  by Stephen  Sweeney  and carried  as follows:

Kevin  Garvey,  Chairman,     aye; Bruce Bond,   Vice  Chairman,     aye;   Michael   Mandel,

abstain,    William    Young,  aye;   Robert  Dell,   abstain;    Stephen   Sweeney,   aye and

Thomas  Warren,    aye.

 

 

Since there   was no further  business  to come  before the Board, a motion   to adjourn the  meeting was made by Thomas  Warren  and seconded  by Michael Mandel   and agreed to by all in attendance.    The meeting was adjourned  at

7:40 p.m.    The next Planning    Board meeting   is  scheduled  for Monday,

November   9, 2015.

DATED:  October 28, 2015                  ~                         /)  –  ~ ~   .  (2,. .a

Cheryl Coopersmith                                                      ~r~

Chief  Clerk Boards and Commissions

Town of Orangetown Planning Board

 

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PB #15-51:  Rohland   Site  Plan  • Final  Site  Plan  Approval   Subject   to

Conditions

 

Town  of Orangetown    Planning   Board  Decision

October   28, 2015

Page  1of8

 

TO:

 

FROM:

John Atzl, Atzl, Scattassa  & Zigler, 234 North Main Street

New City, New York 10956

Orangetown  Planning  Board

 

 

RE:  Rohland Site Plan: The application of Aida Rohland, owner, for Final Site

Plan Review at a site known as “Rohland  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 401-407 Western Highway, Tappan, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 74.18, Block 3, Lot 31 in the LO zoning district.

 

 

Heard by the Planning Board of the Town of Orangetown at a meeting held Wednesday, October 28, 2015, at which time the Board made the following determinations:

John Atzl and Scott Dow appeared and testified. The Board received the following communications:

1. Project Review Committee Report, dated October 21, 2015.
2. An interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, dated October 28, 2015, 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 22, 2015, signed by Bruce Peters, P.E.

4. A letter from Brooker Engineering, dated October 26, 2015 signed by

Kenneth DeGennaro, P.E.

5. A letter from the Rockland County Department of Planning, dated October 19, 2015, signed by Douglas J. Schuetz, Acting Commissioner of Planning.
6. A letter from the Rockland County Department of Highways, dated

October 28, 2015, signed by Sonny Lin, P.E.

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

Scott McKane, P.E., Senior Public Health Engineer, dated September 28, 2015.

8. A letter from Atzl, Nasher & Zigler, P.E., dated September 16, 2015.
9. Site Plans prepared by Atzl, Nasher & Zigler P.C., dated September 23, 2014 unless noted, last revision date of September 14, 2015:

Drawing 1: Overall existing Condition Plan, dated October 11, 2013

Drawing 2: Commercial Subdivision Plan, dated October 11, 2013

Drawing 3: Grading Plan

Drawing 4: Erosion & Sediment Control Plan

Drawing 5: Details

 

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PB #15-51: Rohland Site Plan – Final Site Plan Approval  Subject to

Conditions

 

Town of Orangetown  Planning  Board Decision

October 28, 2015

Page 2of8

 

 

 

10. Copies of Board Decisions: PB #13-47, Preliminary Site Plan Approval Subject to Conditions/ Neg. Dec., dated December 10, 2014; ACABOR #15-10, Approved Subject to Conditions, dated March 19, 2015 and ZBA #15-17, NYS Town Law Section 280-a Exception and Side Yard Variance for Lot E, Approved, dated March 4, 2015.
11. A copy of the Building Department Referral dated October 22, 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 Thomas Warren and seconded by William Young and carried as follows: Kevin Garvey, Chairman, aye;

Bruce Bond, Vice Chairman, aye; Michael Mandel, aye; William Young, aye;

Robert Dell, aye; Stephen Sweeney, aye and Thomas Warren, aye.

 

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

 

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

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

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

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

 

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

 

3. The applicant shall comply with all pertinent and applicable conditions of all previous Board Decisions: PB #13-47, Preliminary Site Plan Approval Subject to Conditions/ Neg. Dec., dated December 10, 2014; ACABOR #15-10, Approved Subject to Conditions, dated March 19, 2015 and ZBA#15-17, NYS Town Law Section 280-a Exception and Side Yard Variance for Lot E, Approved, dated March 4, 2015.

 

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PB #15-51: Rohland Site Plan – Final Site Plan Approval  Subject to

Conditions

 

Town of Orangetown  Planning  Board Decision

October 28, 2015

Page 3 of 8

 

 

 

 

4. The applicant shall review if the roadway radius onto Western Highway conforms to Rockland County Highway Standards.

 

5. A post construction stormwater maintenance agreement (in accordance with NYSDEC Phase II regulations and Town of Orangetown Town Code) for the proposed stormwater systems shall be submitted to DEME and the Town of Orangetown Town Attorney’s office for review and approval. Said agreement shall include a maintenance and management schedule, inspection check list, contact person with telephone number, yearly report to be submitted to DEME, etc.

 

6. The revised drainage system and SWPPP are under review by DEME.

 

7. A legend shall be added to the erosion control plan (drawing #4). Also, erosion control measures shall be depicted around all of the proposed drainage work.

 

8. Drainage Review Recommendation: The applicant has provided provisions for stormwater management facilities to address mitigation for potential increases in stormwater runoff and therefore the Drainage Consultants recommends that

the Rohland Site Plan and Commercial Subdivision be approved for drainage

subject to the following comments:

 

This is the third drainage review report to the Planning Board for this project; the last review was dated December 10, 2014. The property is located on the east side of Western Highway, approximately 800 feet north of Independence Avenue. The site contains three lots, with the northwest lot adjacent to Western Highway containing a residential structure, the southwest lot along Western Highway

being partially utilized, and the eastern lot along the railroad is developed as a contractors’ storage yard. The land slopes downhill to the east, towards the railroad. Stormwater management facilities have been provided for this

submission.

 

For the most recent submission, the stormwater management facilities have been relocated east to the bottom of the slope. This allows a greater drainage area to be directed to the stormwater management basins and eliminates the 20 feet excavation adjacent to the property line that was proposed in the last plan. A full Stormwater Pollution Prevention Plan has been submitted for this application.

 

Project Comments

1. As per the December 12, 2013 and December 10, 2014 drainage review reports, the metal building on the east lot is shown as being constructed in
2. There are retaining walls surrounding the building that affect the flow of stormwater runoff. This section of the property is a large flat area at the bottom of a slope. The flow path of stormwater runoff in this area should be shown. The first floor elevation of the building shall be added and drainage away from the building in all directions shall be demonstrated. Proposeflldcatimg’hlis-OM~Jidded that presumably shows

 

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Continuation  of Condition  #8 …

 

2. The SWPPP designates the maintenance of the stormwater management facilities to be performed by the property owner, which is listed as Aida Rohland. The   maintenance   schedule   and   responsible   party   for maintenance shall be included on the Grading and Landscape Plan of the Site Plans as well.
3. The Site Plan shall be updated to reflect the current development at the

site, which has changed several times during the course of the drainage review reports that began in 2013. The site plans shall show the final proposed configuration of the lands, including land clearing, changes in topography to create plateaus along the hillside, and proposed parking areas. The  existing fence  shown on  the  site  plan  north of the  north property line is no longer there and shall be removed from the plan. The extent of land clearing shall be provided on the Site Plan.

4. The proposed stormwater management facility discharges to an existing

field inlet which has a 36 inch RCP that flows south through the neighboring property. It appears that stormwater that normally flows east to the railroad tracks is diverted to this pipe under proposed conditions, after flowing through the stormwater management facilities. The drainage calculations consider this pipe to be the  Point of Interest for which no increases in peak runoff rates are allowed. The existing conditions hydrologic modeling shall be revised to reflect the actual stormwater runoff at this particular location under existing conditions; this is the actual rate of runoff that cannot be increased for developed conditions. Additional Points of Interest are required to reflect how stormwater leaves the entire site under existing conditions. There shall be no increases in peak runoff rates at all Points of Interest.

5. The Existing Condition and Proposed Condition Drainage Subarea Maps shall clearly show the limits of gravel, pavement, woods, dirt, etc. ground cover. Calculations supporting the curve numbers used in the hydrologic model shall correlate with the subarea maps.
6. Watershed delineations shown on the Existing Condition and Proposed Condition Drainage Subarea  Maps shall  be  verified. The  delineations should follow the contours/grading and not necessarily the property lines.
7. The proposed ground cover shall be shown more clearly on the plans.

 

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

1) An  updated review must be completed by the  County of  Rockland

Department of Highways.  The comments in their March 3, 2015 letter must be met. All required permits must be obtained.

2)  As  indicated  in the  September  28,  2015  letter from  the  Rockland

County Department of Health, an application must be made for review of the stormwater management system for compliance with the County Mosquito Code.

3)  All proposed signage shall be indicated on the  Site Plan and shall

conform to the municipality’s sign standards.

 

10. The Rockland County Department of Highways reviewed the plans and offered the following remark for consideration:

o       The strip between the property line along Western Highway and the DSL Line shall be gratuitously dedicated to the County of Rockland for inclusion in the county highway system together with an acceptable titled policy. The above document shall be ready to be filed by the County Highway Department in the county clerk’s office before Work Permit can be issued for the proposed construction and must be secured prior to the start of any construction on site.

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

 

11. The Rockland County Department of Health (RCDOH) reviewed the plans and found that application must be made to the Rockland County Department of Health for review of the stormwater management system for compliance with the County Mosquito Code.

 

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

Preparation of Site Plans prior to signing the final plans.

 

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

 

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

 

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

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

Orangetown will be implemented in order to protect and preserve both individual specimen trees and buffer area with many trees. Steps that will be taken to reserve and protect existing trees to remain are as follows:

 

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

established by one of the following methods:

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

– Drip line of the Tree Canopy. The method chosen should be based on providing the maximum protection zone possible. A barrier of snow fence

or equal is to be placed and maintained one yard beyond the established tree protection zone. If it is agreed that the tree protection zone of a selected tree must be violated, one of the following methods must be employed to mitigate the impact:

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

completion of work.

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

 

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

 

16. 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.

 

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

 

 

 

 

 

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

 

19. 19. 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 (e.   Wetlands   – U.S. Army Corps of

Engineers).

 

20. 2 Permanent vegetation  cover of disturbed  areas shall be established   on the site within thirty (30) days of the completion   of construction.

 

21. 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

 

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

 

Override

The Board made a motion to override  Condition  #4 of the October  19,  2015 letter from  Rockland   County  Department  of Planning,  signed   by Douglas   J.  Schuetz, Acting  Commissioner    of Planning,  for the following  reasons:

 

Condition   #4.  A lighting  plan  shall  be submitted   for review.    No lighting  shall   shine beyond the property  line.

The Board held that a lighting  plan  was not  required   since  no lights  were planned.

 

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

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

 

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PB #15-51:   Rohland  Site Plan – Final Site Plan Approval   Subject to

Conditions

 

Town of Orangetown  Planning Board  Decision

October 28, 2015

Page 8 of 8

 

 

 

 

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

William  Young and carried as follows:  Kevin  Garvey, Chairman, aye;

Bruce Bond,  Vice  Chairman,  aye; William Young,  aye; Thomas Warren,  aye;

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

 

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

Dated:  October 28, 2015                  CJlo .LuQ_,c_~rop-~~ Cheryl Coopersmith, Chief Clerk  Bo~rd–s–andlCommissions Town of Orangetown  Planning Board

 

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PB #15-52: Rohland Commercial  Subdivision   Plan –  Final Commercial

Subdivision  Plan Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

October 28, 2015

Page 1of7

 

TO:

 

FROM:

John Atzl, Atzl, Nasher & Zigler, 234 North Main Street

New City, New York 10956

Orangetown  Planning  Board

 

 

RE:   Rohland  Subdivision  Plan: The application  of Aida  Rohland,  owner, for Final Commercial  Subdivision  Plan Review at a site known as “Rohland Subdivision  Plan”, in accordance  with Article  16 of the Town Law of the State of New York, the Land Development  Regulations  of the Town of Orangetown,

Chapter  21 of the Code of the Town of Orangetown.  The site is located at 401-

407 Western  Highway,  Tappan,  Town of Orangetown,  Rockland  County,  New

York, and as shown on the Orangetown  Tax Map as Section  74.18, Block 3, Lot

31 in the LO zoning  district.

 

 

Heard by the Planning  Board of the Town of Orangetown  at a meeting  held Wednesday, October 28, 2015 at which time the Board made the following determinations:

John Atzl and Scott Dow appeared  and testified. The Board received the following  communications:

1. Project Review Committee Report, dated October  21, 2015.
2. An interdepartmental memorandum  from the Office of Building, Zoning, Planning  Administration   and Enforcement,  Town of Orangetown,  dated October  28, 2015, 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  22, 2015, signed  by Bruce Peters,  P.E.

4. A letter from Brooker Engineering, dated October  26, 2015, signed  by

Kenneth  DeGennaro,  P.E.

5. A letter from the Rockland County Department  of Planning,  dated October  19, 2015, signed  by Douglas J. Schuetz,  Acting  Commissioner  of Planning.
6. A letter from the Rockland County Department  of Highways,  dated

October  28, 2015, signed by Sonny  Lin, P.E.

7. A Commercial Subdivision Plan prepared  by Atzl, Nasher & Zigler  P.C., dated

October  11, 2013,  last revision  date of September  14, 2015.

8. A copy of the Building Department Referral dated October  22, 2013.
9. A Copy of the following Board Decision: PB #13-48,  Preliminary  Approval

Subject to Conditions,  dated  December  10, 2014. The Board reviewed the Plan.

 

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There being no one to be heard from the Public, a motion was made to close the Public Hearing portion of the meeting by Thomas Warren and seconded by William Young and carried as follows: Kevin Garvey, Chairman, aye;

Bruce Bond, Vice Chairman, aye; Michael Mandel, aye; William Young, aye;

Robert Dell, aye; Stephen Sweeney, aye and Thomas Warren, aye.

 

DECISION: In view of the foregoing and the testimony before the Board, the application was granted a Final Commercial  Subdivision  Plan 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 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. Drainage Review Recommendation: The applicant has provided provisions for stormwater management facilities to address mitigation for potential increases in stormwater runoff and therefore the Drainage Consultants recommends that

the Rohland Site Plan and Commercial Subdivision be approved for drainage subject to the following comments:

 

This is the third drainage review report to the Planning Board for this project; the last review was dated December 10, 2014. The property is located on the east side of Western Highway, approximately 800 feet north of Independence Avenue. The site contains three lots, with the northwest lot adjacent to Western Highway containing a residential structure, the southwest lot along Western Highway

being partially utilized, and the eastern lot along the railroad is developed as a contractors’ storage yard. The land slopes downhill to the east, towards the railroad. Stormwater management facilities have been provided for this submission.

 

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Continuation  of Condition  #3 ….

 

For the most recent submission, the stormwater management facilities have been relocated east to the bottom of the slope. This allows a greater drainage area to be directed to the stormwater management basins and eliminates the 20 feet excavation adjacent to the property line that was proposed in the last plan. A full Stormwater Pollution Prevention Plan has been submitted for this application.

 

Project Comments

1. As per the December 12, 2013 and December 10, 2014 drainage review

reports, the metal building on the east lot is shown as being constructed in

2009. There are retaining walls surrounding the building that affect the flow of stormwater runoff. This section of the property is a large flat area at the bottom of a slope. The flow path of stormwater runoff in this area should be shown. The first floor elevation of the building shall be added and drainage away from the building in all directions shall be demonstrated. Proposed grading has been added that presumably shows runoff will be directed away from the building to the east, but in the other directions.

 

2. The SWPPP designates the maintenance of the stormwater management facilities to be performed by the property owner, which is listed as Aida Rohland. The   maintenance   schedule   and   responsible   party   for maintenance shall be included on the Grading and Landscape Plan of the Site Plans as well.
3. The Site Plan shall be updated to reflect the current development at the site, which has changed several times during the course of the drainage review reports that began in 2013. The site plans shall show the final proposed configuration of the lands, including land clearing, changes in topography to create plateaus along the hillside, and proposed parking areas. The  existing fence  shown  on  the  site  plan  north of the  north property line is no longer there and shall be removed from the plan. The extent of land clearing shall be provided on the Site Plan.
4. The proposed stormwater management facility discharges to an existing field inlet which has a 36 inch RCP that flows south through the neighboring property. It appears that stormwater that normally flows east to the railroad tracks is diverted to this pipe under proposed conditions, after flowing through the stormwater management facilities. The drainage calculations consider this pipe to be the Point of Interest for which no increases in peak runoff rates are allowed. The existing conditions hydrologic modeling shall be revised to reflect the actual stormwater runoff at this particular location under existing conditions; this is the actual rate of runoff that cannot be increased for developed conditions. Additional Points of Interest are required to reflect how stormwater leaves the entire site under existing conditions. There shall be no increases in peak runoff rates at all Points of Interest.

 

 

 

 

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Continuation  of Condition  #3 …

 

5. The Existing  Condition  and  Proposed  Condition  Drainage  Subarea  Maps shall  clearly  show the  limits of gravel,  pavement,  woods,  dirt, etc. ground cover.  Calculations   supporting  the  curve  numbers  used  in the  hydrologic model shall correlate  with the subarea  maps.
6. Watershed  delineations   shown  on  the  Existing  Condition   and  Proposed Condition        Drainage   Subarea   Maps  shall   be  verified.   The  delineations should follow the contours/grading   and not necessarily  the property  lines.
7. The proposed ground  cover shall be shown  more clearly on the plans.

 

 

4. Rockland  County  Department  of Planning  had the following  comments  which are incorporated  herein as conditions  of approval:
5. An  updated   review   must   be  completed    by  the   County   of   Rockland

Department  of Highways.   The comments  in the March 3, 2015  letter must be addressed.   All required  permits  must be obtained.

2. A 14.375  foot  easement   is being  provided  to  the  Town  of  Orangetown.

However,  since this  is a county  highway,  a gratuitous  dedication  must  be made to the County of Rockland  instead.

 

5. The Rockland County Department  of Highways  reviewed  the plans and offered the following  remark for consideration:

• The strip between the property line along Western  Highway  and the DSL Line shall be gratuitously  dedicated  to the County of Rockland  for inclusion  in the county  highway  system together  with an acceptable  titled policy.  The above document  shall be ready to be filed by the County Highway  Department  in the county clerk’s  office before Work  Permit can be issued for the proposed  construction  and must be secured  prior to the start of any construction  on site.

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

 

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

Preparation  of Subdivision  Plans prior to signing the final  plans.

 

 

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

 

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8. 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.

 

9. 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.

 

10. All landscaping shown on the 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.

 

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PB #15-52: Rohland Commercial  Subdivision   Plan –  Final Commercial

Subdivision  Plan Approval  Subject to Conditions

 

Town of Orangetown  Planning  Board Decision

October 28, 2015

Page 6of7

 

 

 

11. 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.

 

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

 

13. 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).

 

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

 

15. 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

 

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

 

Override

The Board made a motion to override  Condition  #3 of the October  19, 2015 letter from Rockland  County  Department  of Planning,  signed  by Douglas  J. Schuetz, Acting  Commissioner  of Planning,  for the following  reasons:

 

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PB #15-52:  Rohland   Commercial   Subdivision    Plan  –  Final  Commercial

Subdivision   Plan Approval Subject   to Conditions

 

Town  of Orangetown    Planning   Board  Decision

October   28,  2015

Page 7 of 7

 

 

 

Condition   #4.  If tax parcel numbers are to given to these areas, then 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.

 

The Board held  that the proposed subdivision  is not a Land Subdivision;   it is a

Commercial  Subdivision  of Subdivision   of Space.

 

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

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

 

 

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

 

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

 

Dated:   October   28, 2015                 ~~~~

Cheryl   Coopersmith,    Chief  Clerk Boards  and  Commissions

Town  of Orangetown    Planning  Board

 

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