Meeting Overview

Meeting of September 12, 2012

TOWN OF ORANGETOWN PLANNING BOARD

 

MEMBERS PRESENT: Kevin Garvey, Chairperson;

Bruce Bond, Vice-Chairperson, William Young; John Foody; Michael Mandel; Robert Dell and Jeffrey Golda

 

MEMBERS ABSENT:  None

 

ALSO PRESENT: John Giardiello, Director, Office of Building, Zoning, Planning

Administration and Enforcement; Robert Magrino, Deputy Town Attorney; Ann Marie Ambrose, Stenographer; Elizabeth Decort, Clerk and Cheryl Coopersmith, Chief Clerk

 

Kevin Garvey, Chairperson, 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 Item:   Roshong Site Plan	Final Site Plan	PB #12-38
Prepreliminary/ Preliminary/	Approval Subject
Final Site Plan and SEQRA Review	to Conditions
Critical Environmental Area	Neg. Dec.
71.17/1/8; R-15 zoning district

 

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

 

 

Since there was no further business to come before the Board, a motion to adjourn the meeting was made by William Young 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, September 24, 2012.

 

DATED: September 12, 2012

Town of Orangetown Planning Board

—————————————————————————————

 

 

 

PB #12-38: Roshong Site Plan: Final Site Plan Approval Subject to

Conditions/ Neg. Dec.

 

Town of Orangetown Planning Board Decision

September 12, 2012

 

TO:               Gail Roshong, 909 Route 9W, Upper Grandview, New York 10960

FROM:          Orangetown Planning Board

 

RE:    Roshong Site Plan: The application of Gail Roshong,  owner, for Prepreliminary/ Preliminary/Final Site Plan Review, located in the Critical Environmental Area, at a site known as “Roshong 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 909 Route 9W, Upper Grandview, Town of

 

Orangetown, Rockland County, New York, and as shown on the Orangetown Tax

Map as Section 71.17, Block 1, Lot 8 in the R-15 zoning district.

 

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

September 12, 2012 at which time the Board made the following determinations:

 

Gail Roshong and William Truss, P.E., appeared and testified. The Board received the following communications:

1. Project Review Committee Report dated September 5, 2012.
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 September 12, 2012.
3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., September 6, 2012.
4. A letter from Rockland County Department of Planning, signed Thomas B. Vanderbeek, P.E., Commissioner of Planning, dated August 20, 2012.
5. A letter from Brooker Engineering, PLLC, signed by Kenneth DeGennaro, P.E., dated August 21, 2012.
6. Letters from Rockland County Department of Health, signed by

Scott McKane. P.E., Senior Public Health Engineer, dated August 13 & 14, 2012.

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

LaFiandra, Engineer II, dated August 14, 2012.

8. A letter from the New York State Department of Transportation, dated September 6, 2012, signed by Mary Jo Russo, Rockland County Permit Engineer, dated September 6, 2012, with an attachment.
9. Letter from the Village of Grandview – on – Hudson Planning Board, signed by

Donald G. Vernon, Chairman, dated August 27, 2012.

10. A letter from William Mowerson, Chairman, Town of Orangetown Zoning

Board of Appeals, dated September 5, 2012.

11. Plan prepared by William A. Truss Engineering, Drawing Number RW-1: Retaining Wall Plan & Sections, dated July 18, 2012.
12. Retaining Wall Stability Analysis for Gabion Walls prepared by William A Truss Engineering, Consulting Engineering, dated July 18, 2012.
13. Existing Conditions Survey prepared by William D. Youngblood Land

Surveying, dated June 27, 2011. 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 second by Michael Mandel and carried as follows: Kevin Garvey, aye; Bruce Bond, aye; 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 John Foody and carried as follows: Kevin Garvey, aye; Bruce Bond, aye; Michael Mandel, aye;

William Young, aye; Robert Dell, aye; John Foody, 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 William A. Truss, P.E., and the Town of Orangetown’s engineering consultant, Brooker Engineering, and having heard from the following offices, officials and/or Departments: (Town of Orangetown): Project Review Committee, Office of Building, Zoning, Planning Administration and Enforcement and Department of Environmental Management and Engineering; and having heard from the

following involved and interested agencies: Town of Orangetown Zoning Board of

Appeals, Rockland County Department of Health, Rockland County Sewer District No.1, Village of Grandview – on – Hudson,  and having reviewed a proposed Site Plan by prepared by William A. Truss Engineering Consulting Engineers, dated July 18, 2012, 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, aye; Michael Mandel, aye; Robert Dell, aye; John Foody, aye; William Young, 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 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 Short Environmental Assessment Form appears to be in order.
4. The existing retaining wall is in need of replacement.

 

5. It appears that a portion of the new retaining wall is located within the Route

9W right of way; the plan shall be reviewed and approved by the New York State

Department of Transportation.

 

6. The Drainage Consultant to the Planning Board, Brooker Engineering, reviewed the submitted drainage report and found that with respect to drainage, the proposed project will not result in any potential significant adverse impacts. The Consultant therefore recommends that the Roshong Site Plan be approved for drainage subject to the following comment:

 

1. A Sediment and Erosion Control Plan shall be prepared in accordance the New York State Department of Environmental Conservation Standards.

 

7. The Village of Grandview-on-Hudson is one of the reasons this proposal was referred to the Rockland County Department of Planning for review. The municipal boundary is along Hader Park on the east, directly adjacent to the site. The New York State General Municipal Law states that the purposes of Section

239-n of the law shall be to bring pertinent intercommunity and countywide planning, zoning, site plan and subdivision considerations to the attention of neighboring municipalities and agencies having jurisdiction. Such review may include inter-community and county –wide considerations in respect to the compatibility of various land uses with one another; traffic generating characteristics of various land uses in relation to the effect of such traffic on other land uses and to the adequacy of existing and proposed thoroughfare facilities; and the protection of community character as regards predominate land uses, population density, and the relation between residential and nonresidential area. In addition, Section 239-nn was recently enacted to encourage the coordination

of land use development and regulation among adjacent municipalities, so that, as a result, development occurs in a manner that is supportive of the goals and objections of the general area.  The Village of Grandview-on-Hudson must be given the opportunity to review the proposal and its impact on water quantity and quality, drainage and storm water runoff. The areas of countywide concern noted above that directly impact the Village must be considered and satisfactorily addressed, as well as any additional concerns about the proposal.

 

8. The New York State Department of Transportation reviewed the site plan and found that the review shall consist of the driveway and stairway, the wall, and railing are out of its jurisdiction. The applicant shall apply for a highway work permit for the excavation and repaving proposed within the right of way.

 

9. 9. Prior to the start of construction or grading, a soil and erosion control plans shall be developed and in place for the entire site that meets the latest edition of the New York State Guidelines for Urban Erosion and Sediment

 

10. The Rockland County Sewer District #1 does not object to the plan as shown. This project does not affect any sanitary sewers within the District and request no future correspondence for this site.

 

11. 11. 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 Health

– Rockland County Sewer District #1

– Village of Grandview – on –Hudson

– Town of Orangetown Zoning Board of Appeals

 

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. 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 ¾ 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 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.

 

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

 

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

 

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

 

22. 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.

 

The foregoing Resolution was made and moved by Robert Dell and seconded by William Young and carried as follows: Kevin Garvey, aye; Bruce Bond, aye; Michael Mandel, aye; William Young, aye; John Foody, aye; Robert Dell, aye; and Jeffrey Golda, 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: September 12, 2012

Town of Orangetown Planning Board

————————————————————————————————— State Environmental Quality Review Regulations

NEGATIVE DECLARATION

Notice of Determination of Non-Significance

 

P B #12-38: Roshong Site Plan – Final Approval Subject to Conditions- Critical Environmental Area

 

Town of Orangetown Planning Board Decision

September 12, 2012

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: Roshong Site Plan

SEQR STATUS:      Type I                      Unlisted  XXXXXX

CONDITIONED NEGATIVE  DECLARATION:  Yes                 No  XXXXXX

 

DESCRIPTION OF ACTION: Site Plan  Review– Critical Environmental Area

 

LOCATION: The site is located at 909 Route 9W, Upper Grandview, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 71.17, Block 1, Lot 8 in the R-15 zoning district.

 

REASONS SUPPORTING THIS DETERMINATION:

The Orangetown Planning Board, as Lead Agency, determined that the proposed action will not have a significant impact on the environment and a Draft Environmental Impact Statement (DEIS) will not be prepared.  The reasons supporting this determination are as follows:

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

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

For Further Information contact:

John Giardiello, P.E., Director, Office of Building, Zoning and Planning Administration and Enforcement; Town of Orangetown; 20 Greenbush Road Orangeburg, NY 10962; Telephone Number: 845-359-5100

For Type I Actions and Conditioned Negative Declarations, a copy of this notice is sent: – Commissioner, New York State Department of Environmental Conservation, – Region 3 Headquarters, NYSDEC, – Town Supervisor,  Applicant

– Involved Agencies