Meeting Overview

Meeting of October 8, 2014

Town of Orangetown  Planning  Board

 

MEMBERS PRESENT: Kevin Garvey,  Chairman;  William  Young;  Bruce Bond

Michael  Mandel;  Robert Dell; and Thomas  Warren

 

MEMBERS ABSENT: None

 

ALSO PRESENT: Bert von Wurmb,  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:

 

Jay and Joe Construction

LLC Subdivision  Plan Prepreliminary/

Preliminary  Subdivision  Plan and SEQRA  Review

69.17/1/76;  RG zoning  district

 

Continued:  Needs

Drainage

PB#14-39

 

Miele Subdivision  Plan

Commercial  Subdivision  Plan

 

Final Commercial

PB#14-42

 

Final Subdivision  Plan Review

74.18/3/32;  LI & LO zoning districts

Subdivision  Approval

Subject to Conditions

 

Miele Site Plan

Final Site Plan Review

 

Final Site Plan

PB #14-43

 

74.18/3/32;  LI & LO zoning districts

Approval  Subject to

Conditions

 

 

 

Other Business:

 

The Board discussed  the need for projects  located  in the Critical  Environmental Area to appear  in front of the Planning  Board when  removing  trees,  repairs or improvements  to the properties.   The Board discussed  a threshold  of the removal of no more than 6 trees,  however,  that was up to the Building  Inspectors  review

of a site.

 

The Board held that the Building  Department  has the authority  to make the determination   if the impact was significant  enough  to warrant  review by the Planning  Board.   Further, the Planning  Board gave the authority  to the Building Inspectors  to review sites in the Critical  Environmental  Area  based upon their knowledge  and process  any the Building  Permits.

 

 

The decision  of the September  22, 2014  Planning  Board Meeting was reviewed, edited, and approved.   The motion for adoption  was made and moved  by

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

William  Young,  aye; Kevin Garvey,  abstain,  Thomas  Warren,  aye, Robert Dell, abstain;  Bruce Bond, aye and Michael  Mandel, aye.

 

 

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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 Thomas  Warren  and seconded  by Michael Mandel   and agreed to by all  in  attendance.  The meeting  was adjourned  at 8:45 p.m.  The next  Planning  Board meeting  is  scheduled  for October  22, 2014.

 

DATED: October 8, 2014

Cheryl Coopersmtih

Chief Clerk Boards and Commissions

 

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PB #14-44:   Miele   Commercial   Subdivision   Plan  –  Final  Approval

Subject  to  Conditions

 

 

Town   of  Orangetown   Planning  Board   Decision

October  8, 2014

Page 1of8

 

 

TO:          Kenneth  DeGennaro,  Brooker  Engineering

76 Lafayette  Avenue,  Suffern,  New York  10901

FROM:    Orangetown  Planning  Board

 

RE:     Miele Commercial  Subdivision  Plan: The application  of

Joseph  Miele, owner,  (Donald Tracey,  Attorney  for the owner),  for Final Commercial  Subdivision  Plan Review,  at a site to be known as “Miele Commercial  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 375 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 32 in the LI & LO zoning  districts.

 

Heard by the Planning  Board of the Town of Orangetown  at a meeting  held, Wednesday, October 8, 2014, at which time the Board made the following determinations:

 

Kenneth  DeGennaro  appeared  and testified  for the applicant. The Board received the following  communications:

1. Project Review Committee Report dated October 1, 2014.
2. Interdepartmental memorandum  from the Office of Building, Zoning,  Planning

Administration   and Enforcement,  Town of Orangetown,  signed  by

John Giardiello,  P.E., Director,  dated October  8, 2014.

3. An interdepartmental memorandum  from the Department  of Environmental Management  and Engineering  (DEME),  Town of Orangetown,  signed  by Bruce Peters, P.E., dated October  2, 2014.
4. A letter from Rockland County Department  of Planning,  signed  by

Douglas  Schuetz,  Acting  Commissioner   of Planning,  dated September  29, 2014, with an attachment  of a letter Rockland  County  Department  of Planning,  signed by Thomas  Vanderbeek,   P.E., Commissioner  of Planning,  dated

February  11, 2013.

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

Sonny  Lin, P.E., dated April  17 & October  6, 2014.

6. A letter from Rockland County Department  of Health, signed  by Scott McKane.  P.E., Senior  Public Health  Engineer,  dated September  3, 2014.
7. Project Narrative prepared by Brooker  Engineering,  dated July 14, 2014.
8. Subdivision/Site Plan prepared  by Brooker  Engineering,  entitled  Commercial

Subdivision  Plat & Site Plan, dated  February  14, 2012;  last revised July 15, 2014.

9. Copies of the following Board Decisions:  ACABOR  #14-22,  Approved  as Presented,  dated September  18, 2014, ZBA #14-18,  Variances  Approved  for Screening  for Open Storage  Yards,  Side Yard: No Structure,  Rear Yard:  No Structure,  and Side Yard for Shed, dated  March  19, 2014 and PB #12-19, Preliminary  Subdivision  Approval  Subject  to Conditions,  dated  March 13, 2013.

 

The Board reviewed  the plans.

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Town   of Orangetown   Planning  Board   Decision

October  8, 2014

Page  2 of 8

 

The hearing was then opened to the Public. Public   Comments:

Norman and Vickie Cooper, 8 Bryson Road, Fairlawn, New Jersey, owners of

360 Western Highway, Tappan: raised concerns regarding noise coming from the site. They want the neighborhood to remain nice and their tenants to be happy.

 

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

Bruce Bond and second by Thomas Warren and carried as follows:

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

Michael Mandel, 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. Individual lots created by the Commercial Subdivision cannot be sold. These lots are available only for lease. The designated lot numbers are for use by tenants, property owner and the Town of Orangetown Office of Building, Zoning, Planning Administration and Enforcement.

 

2. The following note shall be placed on the Subdivision: “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.”

 

3. 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 II Regulations.

 

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Town  of Orangetown Planning Board  Decision

October 8, 2014

Page  3 of 8

 

 

4. The applicant shall comply with all pertinent and applicable conditions of all previous Board Decisions: ACABOR #14-22, Approved as Presented, dated September 18, 2014, ZBA #14-18, Variances Approved for Screening for Open Storage Yards, Side Yard: No Structure, Rear Yard: No Structure, and Side Yard for Shed, dated March 19, 2014 and PB #12-19, Preliminary Subdivision Approval Subject to Conditions, dated March 13, 2013.

 

5. The commercial subdivision is for a total of 17 spaces as shown on the proposed plan.

 

6. The location of the drainage system(s) and their outlet from the property shall be given on the plans.

 

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

 

8. Written descriptions for all proposed easements shall be provided with the plans.

 

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 and all required permits obtained.

 

2)  The applicant indicates that the 14 parking spaces schematically shown on the site plan are sufficient for the requirements of this proposal. Since it is unclear as to the future uses of the unleased areas, how is it possible to determine that 14 spaces are sufficient for the site.  If parking is provided based on the existing square footage, then 219 parking spaces are required, resulting in a deficiency of almost 94%. Since the site is located on a County highway, the Town shall be satisfied that the number of parking spaces provided is sufficient for the site, both now and in the future.

 

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PB #14-44:   Miele   Commercial   Subdivision   Plan  –  Final  Approval

Subject  to  Conditions

 

 

Town   of  Orangetown   Planning  Board   Decision

October  8, 2014

Page 4 of 8

 

 

Continuation   of  Condition  #9 …

 

 

3)  The Town of Orangetown  must ascertain  if the proposed  uses on each of the lots is consistent  with the uses permitted  in the zoning- district.   Is storage  of equipment  and materials  permitted  if no building exists on the lot?  These  issues must be addressed.

4)  The plan provided  is a subdivision  plat and does not provide the

necessary  details for a site plan review.  The location of parking,  buildings, landscaping,  signage,  lighting,  and other planimetric  features  must be provided  so to property  evaluate  the site plan.  In addition,  if this drawing

is to be used for both site plan and subdivision  proposals,  Map Note #17 must be revised to refer to both GML Section  239 m & n.

5)  The plan indicates  that the vegetated  hillside  is to remain undisturbed.

This area shall be clearly delineated  in the field so as to assure that no encroachments   will occur  in the area.

 

10. The Rockland County Department  of Highways  recommends  that the no parking should be allowed  at the Western  Highway  next to this property.

 

11. The Rockland County Department  of Highways  would  pose no objection  to the Town allowing  this applicant  to continue  operating  the site as proposed providing that all concerns  such as noise, safe chemical  use, transport  and parking,  etc. are addressed  to the satisfaction  of the Board members.

 

12. A Rockland County Highway  Department  Work  Permit will be required  prior to the start of any construction  on site.

 

13. The Rockland County Department  of Health reviewed  the plans and based

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

 

14. The Planning Board requests that the applicant  consider  delineating  the leased lots with fencing.

 

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

Preparation  of Subdivision  Plans prior to signing the final plans.

 

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PB #14-44:   Miele   Commercial   Subdivision   Plan  –  Final  Approval

Subject  to  Conditions

 

 

Town   of  Orangetown   Planning  Board   Decision

October  8, 2014

Page 5 of  8

 

 

 

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

 

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

 

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

Plan: The Tree Protection and Preservation Guidelines adopted

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

reserve and protect existing trees to remain are as follows:

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

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

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

 

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

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

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

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

 

 

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PB #14-44:   Miele   Commercial   Subdivision   Plan  –  Final  Approval

Subject  to  Conditions

 

Town   of  Orangetown   Planning  Board   Decision

October  8, 2014

Page 6 of 8

 

19. 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.

 

20. 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.

 

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

 

22. 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).

 

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

 

24. 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

 

 

 

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Town  of Orangetown Planning Board  Decision

October 8, 2014

Page  7 of 8

 

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

 

Overrides

 

The Board made a motion to override Conditions #1, #3 and #8 of the

February 11, 2013 letter from Rockland County Department of Planning, signed by Thomas Vanderbeek, P.E. Commissioner of Planning, for the following reasons:

 

#1. 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 condition does not apply since the proposed subdivision is a Commercial Subdivision, and not a land subdivision.

 

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

 

#3. The lot area for proposed lot 74.18-3-320 is located almost completely

within the required rear and side yards of the original lot.  In addition, a portion of this lot is within the access easement to lots 30 and 31. the creation of all of these lots, except for lot 74.3.32A, will result in lots that are non-conforming with regards to the required lot area of two acres for both the LO and LI zoning districts. The Town of Orangetown must determine if creating these undersized lots is consistent with the intent of their zoning ordinance.

 

The Board held that the condition does not apply since the proposed subdivision is a Commercial Subdivision, and not a land subdivision.

 

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

 

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Town    of  Orangetown     Planning   Board    Decision

October   8,  2014

Page   8 of 8

 

Overrides  Continued •••..

 

#8. A Bulk Table, listing all of the bulk standards for each proposed lot,  must be provided.

 

The Board held that the condition does not apply since the proposed subdivision  is  a Commercial Subdivision, and not a land  subdivision.

 

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

 

The foregoing Resolution was made and moved by Bruce Bond and seconded by Thomas Warren and carried as follows: Kevin Garvey, aye;  Bruce Bond, aye; William Young, aye; Michael  Mandel,   aye; Robert Dell,  aye and Thomas Warren, 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 8, 2014	fi Ln  11       s ,  o  ~~	mi1′   1      D
Cheryl Coopersmith	‘–1uu~                        r’	–          c“TI)

Chief Clerk Boards and Commissions

 

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PB #14-45:   Miele   Site  Plan  –  Final  Site  Plan  Approval  Subject  to

Conditions

 

 

Town   of  Orangetown   Planning  Board   Decision

October  B, 2014

Page 1of6

 

 

TO:                Kenneth DeGennaro, Brooker Engineering, 76 Lafayette Avenue, Suffern, New York 10901

FROM:  Orangetown Planning Board

 

RE:    Miele Site Plan: The application of Joseph Miele, owner, (Donald Tracey, Attorney for the owner), for Final Site Plan Review, at a site to be known as “Miele 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 375

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 32 in the LI & LO zoning districts.

 

Heard by the Planning Board of the Town of Orangetown at a meeting held, Wednesday, October 8, 2014, at which time the Board made the following determinations:

 

Joseph Miele, Kenneth DeGennaro and Donald Tracy appeared and testified. The Board received the following communications:

1. Project Review Committee Report dated October 1, 2014.
2. Interdepartmental memorandum from the Office of Building, Zoning, Planning

Administration and Enforcement, Town of Orangetown, signed by

John Giardiello, P.E., Director, dated October 8, 2014.

3. An interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated October 2, 2014.
4. A letter from Rockland County Department of Highways, signed by

Sonny Lin, P.E., dated October 6, 2014.

5. Project Narrative prepared by Brooker Engineering, dated July 14, 2014.
6. Subdivision/Site Plan prepared by Brooker Engineering, entitled Commercial

Subdivision Plat & Site Plan, and dated February 14, 2012; last revised

July 15, 2014.

7. Copies of the following Board Decisions: ACABOR #14-22, Approved as Presented, dated September 18, 2014, ZBA #14-18, Variances Approved for Screening for Open Storage Yards, Side Yard: No Structure, Rear Yard: No Structure, and Side Yard for Shed, dated March 19, 2014 and PB #12-20, Preliminary Subdivision Approval Subject to Conditions, dated March 13, 2013.

 

The Board reviewed the plans.

 

The hearing was then opened to the Public.

 

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PB #14-45:   Miele   Site  Plan  –  Final  Site  Plan  Approval  Subject  to

Conditions

 

 

Town   of Orangetown   Planning  Board   Decision

October  8, 2014

Page 2 of  6

 

 

 

Public   Comments:

Norman and Vickie Cooper, 8 Bryson Road, Fairlawn, New Jersey, owners of

360 Western Highway, Tappan: raised concerns regarding noise coming from the site. They want the neighborhood to remain nice and their tenants to be happy.

 

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

Bruce Bond and second by Thomas Warren and carried as follows:

Kevin Garvey, aye; Bruce Bond, aye; William Young, aye; Robert Dell, aye; Michael Mandel, 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. Individual lots created by the Commercial Subdivision cannot be sold. These lots are only available for lease. The designated lot numbers are for use by tenants, property owner and the Town of Orangetown Office of Building, Zoning, Planning Administration and Enforcement.

 

2. 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.”

 

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

 

4. The applicant shall comply with all pertinent and applicable conditions of all previous Board Decisions: ACABOR #14-22, Approved as Presented, dated September 18, 2014, ZBA #14-18, Variances Approved for Screening for Open Storage Yards, Side Yard: No Structure, Rear Yard: No Structure, and Side Yard for Shed, dated March 19, 2014 and PB #12-20, Preliminary Site Plan Approval Subject to Conditions, dated March 13, 2013.

 

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Town   of  Orangetown   Planning  Board   Decision

October  8, 2014

Page  3 of 6

 

 

 

5. The plan contains a “Note”, “The project received approval for Performance Standards by the Zoning Board of Appeals on March 19, 2014”, however, the Zoning Board of Appeals decision only granted the area variances requested by the applicant. Please be advised that all uses and structures, both principal and accessory, shall require separate building permits and Certificate of Occupancies and all uses shall require Performance Standards review by the Zoning Board of Appeals.

 

6. All existing sanitary facilities shall be shown on the Site Plan.

 

7. The location of the drainage system(s) and their outlet from the property shall be given on the plans.

 

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

 

9. A note shall be added to the Site Plan indicated the source benchmark for the referenced datum, including the BM elevation.

 

10. There appears to be a sanitary sewer main running through the north western portion of the property. However no easement is shown for this line. The applicant’s engineer shall determine if the main is active, is there an existing easement for the main, if no easement exists, an easement shall be proposed and a metes and bounds description prepared. Said easement shall be

submitted to DEME and the Town of Orangetown Town Attorney’s Office for review and approval prior to filing the easement.

 

11. Notes 20 and 25 on the Site Plan are the same. Also, these notes reference disturbed area, what areas of the site are to be disturbed.

 

12. The Site Plan shall show all proposed grading, if applicable.

 

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Town   of  Orangetown   Planning  Board   Decision

October  8, 2014

Page 4 of 6

 

 

13. The Rockland County Department of Highways recommends that no parking should be allowed at the Western Highway next to this property.

 

14. The Rockland County Department of Highways would pose no objection to the Town allowing this applicant to continue operating the site as proposed providing that all concerns such as noise, safe chemical use, transport and parking, etc. are addressed to the satisfaction of the Board members.

 

15. A Rockland County Highway Department Work Permit will be required prior to the start of any construction on site.

 

16. The Rockland County Department of Health reviewed the plans and based

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

 

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

Preparation of Site Plans prior to signing the final plans.

 

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

 

19. 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.

 

20. The Planning Board requests that the applicant consider delineating the leased lots with fencing.

 

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 reserve and protect existing trees to remain are as follows:

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

 

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Town  of Orangetown Planning Board  Decision

October 8, 2014

Page  5 of 6

 

 

Continuation of Condition #21 …..

 

 

 

– 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 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.

 

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 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.

 

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

 

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PB  #14-45:    Miele   Site Plan   –  Final   Site   Plan  Approval   Subject   to

Conditions

 

 

Town of  Orangetown    Planning   Board   Decision

October   8,  2014

Page   6 of  6

 

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

 

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

 

The foregoing  Resolution  was made and  moved by Thomas Warren and seconded by Bruce Bond and carried as follows: Kevin Garvey, aye; Bruce Bond, aye; William Young, aye; Michael  Mandel,   aye; Robert  Dell,  aye and  Thomas Warren,  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 8,  2014           ~	.P          C	e,0~~~
Cheryl  Coopersmith	()-	· t”‘   –

Chief Clerk Boards and Commissions

 

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