Meeting Overview

TOWN OF ORANGETOWN PLANNING BOARD

MEETING OF SEPTEMBER 30, 2009                           

 

MEMBERS PRESENT:                                                    

Robert Dell, Chairperson, Bruce Bond, Vice-Chairperson, Kevin Garvey,

Andy Stewart, John Foody, Jeffrey Golda and William Young

 

MEMBERS ABSENT:  None

ALSO  PRESENT: John Giardiello, Director, Department of Building, Zoning ,

Planning Administration and Enforcement; Robert Magrino, Deputy Town Attorney; Richard Pakola, Deputy Town Attorney; Ann Marie Ambrose, Stenographer and Cheryl Coopersmith, Chief Clerk

 

Robert Dell, 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 Items

Orangeburg Chase Bank Resubdivision Plan                                          PB #09-50

Request for Second 90 Day Extension                      Granted 2^nd

to File the Subdivision Plan at                                     90 Day Extension

the Rockland County Clerk’s Office                          to File

74.11/2/51 & 52; CC zoning district

 

Sylar/Adams Retaining Wall Site Plan                                                       PB #09-51

Prepreliminary/Preliminary/Final                                Final Site Plan

Site Plan and SEQRA Review                                   Approval Subject

Critical Environmental Area                                        to Conditions/Neg. Dec.

71.17/1/6; R-22 zoning district

 

Kennedy Site Plan                                                                                        PB #09-52

Final Site Plan                                                             Final Site Plan

Critical Environmental Area                                        Approval Subject

66.17/1/11; R-22 zoning district                                  to Conditions

 

DiPietrantonio Subdivision Plan                                                                PB #09-53

Reapproval of Final Approval PB #07-26, dated        Reapproval of Final

March 14, 2007, Reaffirmation of SEQRA and         Approval Subject to

Recommendation to the Town Board to                    Conditions, Reaffirmation

Establish Value and Term of the                                of SEQRA and Recommendation

Performance Bond                                                     to Town Board to Establish

69.14/2/5; R-15 zoning district                                    Value &Term of Performance Bond

Page 2 of 2

September 30, 2009 Planning Board Meeting

 

 

Continued items from the July 22, 2009 Meeting:

St. Thomas Aquinas College Site Plan                                                      PB #09-43

Administration Building                                               Preliminary Site Plan

Prepreliminary/Preliminary Site Plan                                     Approval Subject to

and SEQRA Review                                                   Conditions/ Neg. Dec.

74.12/1/29 & 74.16/1/1; R-40 zoning district

 

Crestron Electronics Resubdivision Plan                                                 PB #09-10

Prepreliminary/Preliminary/Final                                Continued: Board

Resubdivision Plan and                                              Request to Hire

SEQRA Review                                                          Traffic Consultant

77.05/1/36 & 37; LIO zoning district                            to review Applicant’s

Traffic Report

 

Crestron Electronics Site Plan                                                                   PB #09-11

Prepreliminary/Preliminary Site Plan and                  Continued: See Above

Conditional Use Permit

Review and SEQRA

77.05/1/36 & 37; LIO zoning district

 

Other Business: Tappan Golf – The Board reviewed the request of the Town of Orangetown Fire Prevention Bureau to review comments for Site Plan Review, prior to signing the Site Plan. It was determined that the Board approved the Double Tier Golf Stalls noted in the plans and that the other issues highlighted by the Fire Inspector would be resolved during the building review, construction and permitting phases.

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 September 16, 2009 Planning Board Meeting was reviewed, edited and approved. The motion for adoption was made and moved by Kevin Garvey and seconded by William Young and carried as follows: Robert Dell, aye; Kevin Garvey, aye; Bruce Bond, aye; Jeffrey Golda, aye; John Foody, aye; Andy Stewart, aye and William Young, aye.

Since there was no further business to come before the Board, a motion to adjourn the meeting was made by Kevin Garvey and seconded by William Young and agreed to by all in attendance. The meeting was adjourned at 12:05 a.m.

 

The next Planning Board meeting is scheduled for October 14, 2009.

 

DATED: September 30, 2009

Town of Orangetown Planning Board

 

PB #09-50: Orangeburg Chase Bank Resubdivision Plan – 2nd 90 Day

Extension Granted

 

TOWN OF ORANGETOWN PLANNING BOARD DECISION

September 30, 2009

Page 1 of 1

 

TO:       Ira Emanuel, 4 Laurel Road, New City, New York 10956

FROM: Orangetown Planning Board

 

RE:  Orangeburg Chase Bank Resubdivision Plan: The application of JP Morgan Chase Bank, N.A., applicant, for Johnson Kirchner Holdings, LLC, owner, (Ira Emanuel, Attorney for the applicant) for a Second 90 Day Extension to File the Resubdivision Plan at the Rockland County Clerk’s Office for a site to be known as “Orangeburg Chase Bank Resubdivision 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 333 Route 303, Orangeburg, Town of Orangetown, Rockland County, New York and as shown on the Orangetown Tax Map as Section 74.11, Block 2, Lots 51 & 52 in the CC zoning district.

 

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

Wednesday, September 30, 2009, at which time the Board made the following determinations:

 

Ira Emanuel appeared and testified for the applicant.

The Board received the following communications:

1. Project Review Committee Report dated September 23, 2009.
2. Interdepartmental memorandum from the Office of Building, Zoning, Planning Administration and Enforcement, Town of Orangetown, signed by

John Giardiello, P.E., Director, dated September 30, 2009.

3. Interdepartmental memorandum from the Department of Environmental Management and Engineering, (DEME) Town of Orangetown, signed by

Bruce Peters, P.E., dated September 24, 2009.

 

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

Kevin Garvey and seconded by William Young and carried as follows:

Bruce Bond, aye; Andy Stewart, aye; John Foody, aye; William Young, aye; Robert Dell, aye; Jeffrey Golda, aye and Kevin Garvey, aye.

 

DECISION:  In view of the foregoing and the testimony before the Board, the application was GRANTED THE SECOND 90 DAY EXTENSION TO FILE THE RESUBDIVISION at the Rockland County Clerk’s Office, subject to the following conditions:

1. The applicant still needs to comply with PB #08-64, condition #5, existing sanitary building connection fro the gas station.
2. The metes and bounds for the existing 36 inch sanitary main, as well as ownership, shall be given on the plans.

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

Kevin Garvey and carried as follows: Bruce Bond, aye; Andy Stewart, aye; William Young, aye; John Foody, aye; Robert Dell, aye; Jeffrey Golda, aye and Kevin Garvey, 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 30, 2009

Town of Orangetown Planning Board

Planning Board    OBZPAE RC Planning          RC Drainage          RC Highway

Env. Mgt. Eng.       HDR              Town Board     Assessor                Town Attorney

PRC                         Supervisor

PB #09-51: Sylar/Adams Retaining Wall Site Plan: Final Site Plan Approval

Subject to Conditions/Neg. Dec.

 

Town of Orangetown Planning Board Decision

September 30, 2009

Page 1 of 9

 

TO:      Sherry Sylar, 915 Route 9W South, Upper Grandview, New York 10960

FROM:            Orangetown Planning Board

 

RE:      Sylar/Adams Retaining Wall Site Plan: The application Sherry Sylar, owner, (Alissa Stein, Attorney for the applicant) for Prepreliminary/Preliminary/Final Site Plan Review for the replacement of an existing retaining wall in the Critical Environmental Area at a site known as “Sylar/Adams Retaining Wall 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 915 Route 9W, Upper Grandview, Town of Orangetown, Rockland County, New York and shown on the Orangetown Tax Map as Section 71.17, Block 1, Lot 6 in the R-22 zoning district.

 

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

September 30, 2009, at which time the Board made the following determinations:

 

Rahul Verma and Roxanne Adams appeared and testified for the applicant.

The Board received the following communications:

1. A Project Review Committee Report dated September 23, 2009.
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 30, 2009.

3. An interdepartmental memorandum from the Department of Environmental Management and Engineering, (DEME) Town of Orangetown, signed by

Bruce Peters, P.E., dated September 24, 2009.

4. A letter from HDR signed by Harvey Goldberg, P.E., dated September 8, 2009.
5. Letters from the Rockland County Department of Planning, signed by

Eileen Miller dated August 5, 2009 and Salvatore Corallo, Commissioner of Planning, dated August 5, 2009.

6. A letter from Rockland County Drainage Agency, signed by Edward Devine, Executive Director, dated July 29, 2009.
7. A letter from Rockland County Sewer District #1, signed by Joseph LaFiandra, Engineer II, dated September 22, 2009.
8. Letters from Rockland County Department of Health, signed by Scott McKane. P.E., Senior Public Health Engineer, dated June 23, 2009.
9. A letter from the Town of Orangetown Zoning Board of Appeals, signed by

William Mowerson, Chairman, dated September 9, 2009.

PB #09-51: Sylar/Adams Retaining Wall Site Plan: Final Site Plan Approval

Subject to Conditions/Neg. Dec.

 

Town of Orangetown Planning Board Decision

September 30, 2009

Page 2 of 9                            

 

 

10. A Short Environmental Assessment Form dated July 16, 2009, signed by

Sherry Sylar.

11. A letter from the New York State Department of Transportation, signed by

Mary Jo Russo, Rockland County Permit Engineer, dated September 11, 2009.

12. Segmental Retaining Wall Plans prepared by Verma Engineering, dated

June 8, 2009:

• Drawing 1: General Specifications Plan
• Drawing 2: Design, Notes and Details Plan
• Drawing 3: Technical Specifications

13. Submitted at the meeting, a letter from Danna and Michael Berger, 917 Route 9W, Upper Grandview, New York.
14. Submitted at the meeting, a letter from Gail Roshorgi, 909 Route 9W, Upper Grandview, New York.

 

The Board reviewed the plans.

 

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

Bruce Bond, aye; Andy Stewart, aye; John Foody, aye; William Young, aye; Robert Dell, aye; Jeffrey Golda, aye and Kevin Garvey, 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 Kevin Garvey and seconded by Bruce Bond and carried as follows: Robert Dell, aye; Kevin Garvey, aye; Bruce Bond, aye; Andy Stewart, aye; John Foody, aye; William Young, aye and

Jeffrey Golda, aye, the Board declared itself Lead Agency.

 

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

PB #09-51: Sylar/Adams Retaining Wall Site Plan: Final Site Plan Approval

Subject to Conditions/Neg. Dec.

 

Town of Orangetown Planning Board Decision

September 30, 2009

Page 3 of 9                            

 

 

On motion by Kevin Garvey and seconded by John Foody and carried as follows:

Bruce Bond, aye; Andy Stewart, aye; Robert Dell, aye; John Foody, aye; William Young, aye; Jeffrey Golda, aye and Kevin Garvey, aye, the Board made a Negative Declaration.

 

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. 1. Rockland County Department of Planning requests the opportunity to review any variances that may be required to implement the proposed site plan, as required by New York State General Municipal Law, Section 239-m (3)(a)(v).
2. 2. The Site Plan shall be signed and sealed by both a Professional Land Surveyor and a Professional Engineer.
3. 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.”

4. 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.
5. No disturbance shall take place within 5 feet of the North property line with the exception of the 18 inch tree which needs to be removed.
6. 6. A Contract Limit Line shall be added to the Site Plan to delineate any areas of construction.
7. 7. The Short Environmental Assessment Form appears to be in order.
8. 8. Prior to any grading or construction on the site, a soil and erosion control plan shall be developed that meets the NYS guidelines for Urban Erosion and Sediment Control. The Soil Erosion and Sediment Control Plans and Details shall be submitted to DEME for review and approval.

PB #09-51: Sylar/Adams Retaining Wall Site Plan: Final Site Plan Approval

Subject to Conditions/Neg. Dec.

 

Town of Orangetown Planning Board Decision

September 30, 2009

Page 4 of 9                            

 

 

9. 9. All underground utilities shall be shown on the Site Plan or a note shall be placed on the Site Plan indicating no utilities exist in the area of disturbance or where the work is being performed.
10. It appears that some of the work or disturbance will occur in the Route 9W Right of Way, therefore, approval from the New York State Department of Transportation (NYSDOT) will be required. A permit from NYSDOT may be required for proposed work in the Route 9W Right of Way.
11. 11. The Drainage Consultant to the Planning Board provided the following: The site is located on the east side of Route 9W in Upper Grandview. The 0.95 acre site contains an existing paved driveway with access from Route 9W, an existing carport and an existing residential dwelling. The Applicant proposes to remove the existing timber retaining wall along the driveway and replace it with a series of Segmental Block Retaining Walls. The Applicant further proposes to widen the driveway to accommodate parking. Drainage calculations have not been provided.

 

The plans shall clearly show the extent and square footage of the existing driveway pavement area and the extent and square footage of the proposed driveway pavement area (a tabulation of the areas shall be provided). If the increase in impervious area for the developed site is less than 400SF, then the area tabulation will suffice as the required drainage calculation.

 

If the increase in impervious area is equal to or greater than 400SF, then the Applicant should be directed to submit a drainage plan, supported by calculations and a grading plan, to demonstrate that there will be a zero net increase in runoff rate from the developed site under a 24-hr, 100-yr Type III storm.  If percolation tests on the site are performed, this information can be used to define seepage pit percolation during the storm; otherwise, a default value of 30-min per in. may be used.  The plan and calculation should be signed and sealed by a N.Y. State P.E.

 

12. 12. A review shall be completed by the NYSDOT and all required permits obtained.
13. 13. New York State General Municipal Law states that the purposes of Section 239-1,

239-m and 239-n shall be to bring pertinent inter-community and countywide planning,

zoning, site plan and subdivision considerations to attention of neighboring municipalities

and agencies having jurisdiction.  The Village of Grandview on Hudson must be given

the opportunity to review the proposal and its impact on community character, traffic,

water quantity and quality, drainage, stormwater runoff and sanitary  sewer service.  The

areas of countywide concern noted above that directly impact the Village of Grand View

on Hudson must be considered and satisfactorily addressed, as well as any additional

concerns about the revised site plan.  The Village of Grandview contacted the Town

of Orangetown via telephone on September 30, 2009 at 12 noon, and stated that

the Village had no interest in the project.

PB #09-51: Sylar/Adams Retaining Wall Site Plan: Final Site Plan Approval

Subject to Conditions/Neg. Dec.

 

Town of Orangetown Planning Board Decision

September 30, 2009

Page 5 of 9                            

 

 

14. 14. There shall be no net increase in peak stormwater runoff rates under a 24-huor, 100-

year type III design storm event.

15. Based upon the Rockland County Drainage Agency (RCDA) evaluation of available mapping and information submitted, it has been determined that the proposed activity is outside the jurisdiction of the RCDA. Therefore, a permit from the RCDA pursuant to Chapter 846, Rockland County Stream Control Act, is not requested based upon its review of the information provided.
16. No Rockland County Department of Health approvals are associated with this application.
17. Rockland County Sewer District does not object to the plan as shown. This project does not affect any sanitary sewers within the District and no future correspondence is requested for this site.
18. New York State Department of Transportation had the following comments which are incorporated herein as conditions of approval. Revised plans shall be submitted for review and approval to NYSDOT and the Planning Board Office prior to stamping:

1) The geogrid reinforcement of the proposed retaining walls will extend into the NYSDOT right of way and could be a potential maintenance concern. The northern half of the proposed tiered wall system is located significantly closer to Route 9W. Encroachment onto NYSDOT right of way will only be permitted where necessary to replace the existing timber wall at its present location, (i.e. south half of Teir #1).

2) The section views shall show the NYSDOT right of way and the limits of excavation needed to provide a 1V:1H lay back for the wall placement. As the northern half of the all system is to be moved back further into the embankment, the necessary excavation for the 1:1 layback may be as high as 28 feet and extend into the shoulder of Route 9W. The following requirements will be necessary:

1. A slope stability analysis must be provided as required by OSHA to demonstrate the proposed excavation’s stability
2. Temporary concrete barrier must be specified to replace the guide rail removed by proposed excavation and shall be shown on the plans.
3. Notes must be included to require support of the existing

utility pole #67.

3) Spot grades along the shoulder of Route 9W and the proposed wall shall be shown on the plans.

4) Details must be included to show how the existing 1V:1.5H slope above the wall will be restored after the wall is installed. Erosion control during construction must also be shown.

5) Design calculations, including a global stability analysis must be provided for the proposed walls that are located within the NYSDOT right of way or with the live load line of influence from the guide rail.

 

PB #09-51: Sylar/Adams Retaining Wall Site Plan: Final Site Plan Approval

Subject to Conditions/Neg. Dec.

 

Town of Orangetown Planning Board Decision

September 30, 2009

Page 6 of 9                            

 

Continuation of Condition #18….

 

6) Walls built within the NYSDOT right of way must be constructed in accordance with the appropriate NYS specifications. The proposed reinforced segmental block retaining wall must be detailed and constructed with NYSDOT Standard Specifications, Section 554, Internally Stabilized Fill Structures.

7) Note 1.01 indicates the inspection, testing and certification of the proposed wall shall be by a professional engineer. A copy of the test results and certification shall be submitted to the NYSDOT permit office prior to permit closure.

8) General Note 1 – As the depth of excavation can have a critical impact on Route 9W. The location and final depth of the wall shall be verified prior to permit issuance.

9) General Note 4 – The proposed Excavation support system designed by a licensed engineer must be submitted to the NYSDOT permit office for acceptance.

10) General Note 5 – All plantings within the NYSDOT right of way must be approved by the NYSDOT and shall be included in the Site Plans.

11) Note 3.01 – Contact information for the inspection services shall be provided to the NYSDOT prior to construction. They shall also be responsible ensuring the contractor meets the NYSDOT standards for the maintenance and protection of traffic.

12) Note 3.12 – The note states that final grading shall direct surface runoff away from the retaining wall. Grades shall be shown on the plan view and typical section showing how this will be accomplished.

13) Note 1.04 states that the wall system shall be Versa Lok or approved equal. The note shall also indicate that the wall system must be from the NYSDOT approved material list. The proposed product shall be submitted for approval prior to construction.

19. 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 Planning

– Rockland County Department of Health

– Rockland County Drainage Agency

– Rockland County Sewer District #1

– New York State Department of Transportation

PB #09-51: Sylar/Adams Retaining Wall Site Plan: Final Site Plan Approval

Subject to Conditions/Neg. Dec.

 

Town of Orangetown Planning Board Decision

September 30, 2009

Page 7 of 9                            

 

 

20. 20. The applicant shall comply with all pertinent items in the Guide to the Preparation of Site Plans prior to signing the final plans.
21. All reviews and approvals from various governmental agencies must be obtained prior to stamping of the Site Plan.
22. TREE PROTECTION: The following note shall be placed on the site plan:

The Tree Protection and Preservation Guidelines adopted

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

Orangetown will be implemented in order to protect and preserve both individual

specimen trees and buffer area with many trees. Steps that will be taken to

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.

1. The Tree Protection Zone for trees designated to be preserved will be

established by one of the following methods:

• One (1) foot radius from truck 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.

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

PB #09-51: Sylar/Adams Retaining Wall Site Plan: Final Site Plan Approval

Subject to Conditions/Neg. Dec.

 

Town of Orangetown Planning Board Decision

September 30, 2009

Page 8 of 9                            

 

 

24. 24. Prior to the commencement of any site work, including the removal of trees, the applicant shall install the soil erosion and sedimentation control as required by the Planning Board. Prior to the authorization to proceed with any phase of the site work, the Town of Orangetown Department of Environmental Management and Engineering (DEME) shall inspect the installation of all required soil erosion and sedimentation control measures.  The applicant shall contact DEME at least 48 hours in advance for an inspection.
25. 25. The contractor’s trailer, if any is proposed, shall be located as approved by the Planning Board.
26. If the applicant, during the course of construction, encounters such conditions as flood areas, underground water, soft or silty areas, improper drainage, or any other unusual circumstances or conditions that were not foreseen in the original planning, such conditions shall be reported immediately to DEME. The applicant shall submit their recommendations as to the special treatment to be given such areas to secure adequate, permanent and satisfactory construction. DEME shall investigate the condition(s), and shall either approve the applicant’s recommendations to correct the condition(s), or order a modification thereof.  In the event of the applicant’s disagreement with the decision of DEME, or in the event of a significant change resulting to the subdivision plan or site plan or any change that involves a wetland regulated area, the matter shall be decided by the agency with jurisdiction in that area (i.e. Wetlands – U.S. Army Corps of Engineers).
27. Permanent vegetation cover of disturbed areas shall be established on the site within thirty (30) days of the completion of construction.
28. Prior (at least 14 days) to the placing of any road sub-base, the applicant shall provide the Town of Orangetown Superintendent of Highways and DEME with a plan and profile of the graded road to be paved in order that these departments may review the drawings conformance to the approved construction plans and the Town Street Specifications
29. The Planning Board shall retain jurisdiction over lighting, landscaping, signs and refuse control.

 

The foregoing Resolution was made and moved by Kevin Garvey and seconded by Bruce Bond and carried as follows: Robert Dell, aye; Bruce Bond, aye; Andy Stewart, aye; William Young, aye; John Foody, aye; Jeffrey Golda, aye and Kevin Garvey, 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 30, 2009

Town of Orangetown Planning Board

State Environmental Quality Review Regulations

                                                NEGATIVE DECLARATION

                                    Notice of Determination of Non-Significance

PB #09-51: Sylar/Adams Retaining Wall Site Plan: Final Site Plan Approval

Subject to Conditions/Neg. Dec.

 

Town of Orangetown Planning Board Decision

September 30, 2009

Page 9 of 9

 

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: Sylar/Adams Retaining Wall 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 915 Route 9W, Upper Grandview, Town of Orangetown, Rockland County, New York and shown on the Orangetown Tax Map as Section  71.17, Block 1, Lot 6 in the R-22 zoning district.

 

REASONS SUPPORTING THIS DETERMINATION:

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

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

need not be prepared because the proposed action does not significantly affect

air quality, surface or ground water quality, noise levels or existing external

traffic patterns. In addition, it will have no impact upon the aesthetic, agricultural or cultural resources of the neighborhood. No vegetation, fauna or wildlife species will be affected as a result of this proposed action. The proposed action is consistent with the Town of Orangetown’s Master Plan and will not have any adverse economic or social impacts upon the Town or its businesses or residences.

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

For Further Information contact:

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

Administration and Enforcement

Town of Orangetown

20 Greenbush Road

Orangeburg, NY 10962

Telephone Number: 845-359-5100

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

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

– Region 3 Headquarters, NYSDEC   – Town Supervisor,  Applicant,  Involved Agencies

 

PB #09-52: Kennedy Site Plan – Final Site Plan Approval Subject to Conditions  (Critical Environmental Area)

 

Town of Orangetown Planning Board Decision

September 30, 2009

Page 1 of 5    

 

 

TO:   Robert Silarski, AIA, S & Co. Architecture, 57 Burd Street, Nyack, New York 10969

FROM:            Orangetown Planning Board

 

RE: Kennedy Site Plan: The application of Robert Silarski, applicant for Steve and Loni Kennedy, owners, for Final Site Plan Review for an addition to an existing structure at a site located in the Critical Environmental Area, known as “Kennedy 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 located at 23 Shadyside Avenue, Upper Grandview, New York, Town of Orangetown, Rockland County; and as shown on the Orangetown Tax Map as Section 66.17, Block 1, Lot 11 in the R-22 zoning district.

 

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

Wednesday, September 30, 2009, at which time the Board made the following determinations:

 

Robert Silarski appeared and testified for the applicant.

1. Project Review Committee Report dated September 23, 2009.
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 30, 2009.

3. An interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by

Bruce Peters, P.E., dated September 24, 2009.

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

Salvatore Corallo, Commissioner of Planning, dated September 9, 2009.

5. A letter from Rockland County Highway Department, signed by

Joseph Arena, Principal Engineering Technician, dated August 27, 2009.

6. A letter from Rockland County Department of Health, signed by Scott McKane, P.E., Senior Public Health Engineer, dated August 24 2009.
7. A letter from Rockland County Sewer District #1, signed by Joseph LaFiandra, Engineer II, dated May 27 2009.

 

PB #09-52: Kennedy Site Plan – Final Site Plan Approval Subject to Conditions  (Critical Environmental Area)

 

Town of Orangetown Planning Board Decision

September 30, 2009

Page 2 of 5    

 

 

8. A-101: Site Plan prepared by S & Co. Architecture & Design, dated March 17, 2009, revised August 20, 2009:
9. Copies of the following Board Decisions: ACABOR #09-32, Approved with Conditions,

dated September 22, 2009, ZBA #09-33, Approved Side Yard Variance, dated

June 3, 2009, dated June 3, 2009 and PB #09-31, Preliminary Site Plan Approval

Subject to Conditions, dated May 27, 2009.

 

The hearing was then opened to the Public. There being no one to be heard from

the Public, a motion was made to close the Public Hearing portion of the meeting

by Kevin Garvey and seconded by John Foody and carried as follows:

Bruce Bond, aye; John Foody, aye; Jeffrey Golda, aye, William Young, aye,

Andy Stewart, aye; Robert Dell, aye and Kevin Garvey, aye.

 

DECISION: In view of the foregoing and the testimony before the Board, the application was GRANTED A FINAL SITE PLAN APROVAL 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. 2. 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. All Site Plans shall be signed and sealed by both a Professional Land Surveyor and a Professional Engineer.
4. The applicant shall comply with all pertinent and applicable conditions of all previous

Board Conditions: ACABOR #09-32, Approved with Conditions, dated

September 22, 2009, ZBA #09-33, Approved Side Yard Variance, dated

June 3, 2009, dated June 3, 2009 and PB #09-31, Preliminary Site Plan Approval

Subject to Conditions, dated May 27, 2009.

PB #09-52: Kennedy Site Plan – Final Site Plan Approval Subject to Conditions  (Critical Environmental Area)

 

Town of Orangetown Planning Board Decision

September 30, 2009

Page 3 of 5    

 

 

 

5. 5. Because the proposed addition is under 400 square feet, drainage calculations and storm water attenuation is not required.
6. Prior to the start of construction or grading, a soil and erosion control plan shall be developed that meets the New York State Guidelines for Urban Erosion and Sediment Control, and submitted to DEME for review and approval.
7. 7. The Tax Lot Numbers for the adjoining properties shall be indicated on the Site Plan.
8. 8. Existing and proposed (if applicable) grading shall be added to the plans.
9. 9. Rockland County Department of Planning had the following comments which are incorporated herein as conditions of approval:

• There shall be no net increase in peak stormwater runoff rates under a 24-hour, 100-year Type III design storm event.
• If 1000 square feet or more of land area will be disturbed, prior to any grading or construction on the site, a soil and erosion control plan shall be developed that meets the New York State Guidelines for Urban Erosion and Sediment Control.

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

• The proposed action shall have no adverse impact upon county roads in the area.
• No objection to the Town of Orangetown Zoning Board of Appeals granting this applicant the variances required for the proposed project.
• The Planning Board shall ensure a zero net increase in runoff from the site be achieved to minimize any possible adverse impact upon roadways and parcels east of this parcel from Route 9W to the Hudson River

11. Based upon the Rockland County Drainage Agency’s (RCDA) evaluation of available mapping and the information submitted, it has been determined that the proposed activity is outside the jurisdiction of the RCDA. Therefore, a permit from the RCDA pursuant to Chapter 846, Rockland County Stream Control Act, is not requested based upon its review of the information provided.
12. 12. The Rockland County Department of Health reviewed the plans and found that no approvals are required from the Rockland County Health Department for this application.
13. The New York State Department of Transportation feels the project will have no significant impact on the state transportation system.
14. The following note shall be placed on the site map:

TREE PROTECTION: 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:

PB #09-52: Kennedy Site Plan – Final Site Plan Approval Subject to Conditions  (Critical Environmental Area)

 

Town of Orangetown Planning Board Decision

September 30, 2009

Page 4 of 5    

 

 

Continuation of Condition #14…..

 

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 truck 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. 15. 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.
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 Board. Prior to the authorization to proceed with any phase of the site work, the Town of Orangetown Department of Environmental Management and Engineering (DEME) shall inspect the installation of all required soil erosion and sedimentation control measures. The applicant shall contact DEME at least 48 hours in advance for an inspection.
17. 17. The contractor’s trailer, if any is proposed, shall be located as approved by the Planning Board.

PB #09-52: Kennedy Site Plan – Final Site Plan Approval Subject to Conditions  (Critical Environmental Area)

 

Town of Orangetown Planning Board Decision

September 30, 2009

Page 5 of 5    

 

 

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 construction.
20. 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 control.
22. 22. The applicant shall comply with all pertinent and applicable items in the

Guide to the Preparation of Site Plans, prior to signing the final plans.

23. 23. All reviews and approvals from various governmental agencies must be

obtained prior to stamping of the Site Plan.

 

The foregoing Resolution was made and moved by Kevin Garvey and seconded by Bruce Bond and carried as follows: Bruce Bond, aye; Kevin Garvey, aye;

Andy Stewart, 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 30, 2009

Town of Orangetown Planning Board

PB #09-53: DiPietrantonio Subdivision Plan; Reapproval of Final

Approval PB #07-26, dated March 14, 2007, Reaffirmation of SEQRA and Recommendation to the Town Board to Establish Value and Term of the

Performance Bond

 

Town of Orangetown Planning Board Decision

September 30, 2009

Page 1 of 5

 

 

TO:      Donald Brenner; 4 Independence Avenue; Tappan, New York 10983

FROM:            Orangetown Planning Board

 

RE:      The application of Antonio Dipietrantonio, owner for Reapproval of Final Approval PB #07-26, dated March 14, 2007, Reaffirmation of SEQRA and Recommendation to the Town Board to Establish Value and Term of the Performance Bond, for a proposed three lot subdivision, to be known as “Dipietrantonio Minor 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 Blauvelt Road, Pearl River, Town of Orangetown, Rockland County, New York and as shown on the Orangetown Tax Map as Section 69.14, Block 2, Lot 5 in the R-15 zoning district.

 

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

Wednesday, September 30, 2009, at which time the Board made the following determinations:

 

Donald Brenner appeared and testified for the applicant.

The Board received the following communications:

1. A Project Review Committee Report dated September 23, 2009.
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 30, 2009.

3. Interdepartmental memorandums from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by

Bruce Peters, P.E., dated July 22 and September 24, 2009.

4. Copy of PB #07-26, Final Approval Subject to Conditions, dated March 14, 2007 and ZBA #06-07, dated September 20, 2006.
5. Subdivision Plans prepared by Schoor Depalma and William Youngblood Land Surveying:

– 1 of 9: Title Sheet, dated 3/17/05 rev. 4/02/09

– 2 of 9: Existing Conditions and Demolition Plan, dated 2/28/05 rev. 4/02/09

– 3 of 9: Site Plan, dated 2/28/05 rev. 12/01/07

– 4 of 9: Utility Plan & Profiles, dated 3/01/05 rev. 4/02/09

– 5 of 9: Grading and Erosion Control Plan, dated 3/01/05 rev. 4/02/09

– 6 of 9: Detail Sheet 1 of 2, dated 2/28/05 rev. 4/02/09

– 7 of 9: Detail Sheet 2 of 2, dated 2/28/05 rev. 12/01/07

– 8 of 9: Culvert – Plan, Profile and Sections, dated 3/15/06 rev. 12/01/07

6. Subdivision Plan prepared by William Youngblood Land Surveying, PC, dated November 15, 2006, rev. July 23, 2009

PB #09-53: DiPietrantonio Subdivision Plan; Reapproval of Final Approval

PB #07-26, dated March 14, 2007, Reaffirmation of SEQRA and Recommendation to the Town Board to Establish Value and Term of the Performance Bond

 

Town of Orangetown Planning Board Decision

September 30, 2009

Page 2 of 5

 

 

The Board reviewed the plan.

Public Comments:

Mary Monahan, 632 Blauvelt Road, an abutting property owner, raised concerns regarding a Zoning Board of Appeals, ZBA #06-07, placed upon the applicant to install a Check Valve on her property. She was concerned about proper maintenance of the check valve.

 

Tom Goreman, an abutting property owner on Lark Street, discussed the rock wall and trees abutting his property. He was concerned about the safety of the trees and tried to contact the property owner, however, they did not respond to his letters.

.

A motion was made to close the Public Hearing portion of the meeting by Kevin Garvey, seconded by Andy Stewart and carried as follows: Robert Dell, aye; Bruce Bond, aye; Andy Stewart, aye; William Young, aye; John Foody, aye; Jeffrey Golda, aye and

Kevin Garvey, aye.

 

1. Reaffirmation of SEQRA:

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 Kevin Garvey  and seconded by Andy Stewart and carried as follows: Bruce Bond, aye, Andy Stewart, aye, William Young, aye, Robert Dell, aye, John Foody, aye, Jeffrey Golda, aye and Kevin Garvey, aye; the Board reaffirmed its Declaration as Lead Agency.

 

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:

 

It will not have a significant impact upon the environment and a DEIS will not be prepared because the proposed action does not significantly affect air quality, surface or ground water quality, noise levels, drainage or existing traffic patterns.

PB #09-53: DiPietrantonio Subdivision Plan; Reapproval of Final Approval

PB #07-26, dated March 14, 2007, Reaffirmation of SEQRA and Recommendation to the Town Board to Establish Value and Term of the Performance Bond

 

Town of Orangetown Planning Board Decision

September 30, 2009

Page 3 of 5

 

 

In addition, it will have no impact upon the aesthetics, agricultural or cultural resources of the neighborhood and no vegetation, fauna or wildlife species will be affected as a result of the proposed action.  The proposed action is consistent with the Town’s Master Plan and will not have any adverse economic or social impacts upon the Town of Orangetown.

 

On motion by Kevin Garvey and seconded by Jeffrey Golda and carried as follows: Bruce Bond, aye, Andy Stewart, aye, Robert Dell, aye, John Foody, aye,

William Young, aye, Jeffrey Golda, aye and Kevin Garvey, aye; the Board made a Negative Declaration.

 

 

2. Reapproval of Final Approval Subject to Conditions PB #07-26:

DECISION: In view of the foregoing and the testimony before the Board, the application was GRANTED A REAPPROVAL OF FINAL SUBDIVISION APPROVAL, PB #07-26, 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 previous applicable Board Conditions:

PB #07-26, Final Approval Subject to Conditions, dated March 14, 2007, ACABOR #07-07, Approved Subject to Conditions, dated February 6, 2007, ZBA #06-07, Approved with Conditions, dated September 20, 2006 and PB #05-72, Preliminary Approval Subject to Conditions, dated May 10, 2006.

PB #09-53: DiPietrantonio Subdivision Plan; Reapproval of Final Approval

PB #07-26, dated March 14, 2007, Reaffirmation of SEQRA and Recommendation to the Town Board to Establish Value and Term of the Performance Bond

 

Town of Orangetown Planning Board Decision

September 30, 2009

Page 4 of 5

 

4. In regards to ZBA #06-07, dated September 20, 2006; the condition requiring the installation of a check valve on the existing sanitary house connection for #632 Blauvelt Road, the applicant shall be responsible for installation and maintenance of the check valve. The involved parties shall enter into an agreement in regards to the maintenance of the check value. That document shall be subject to review and approval in the substance and form by the Town of Orangetown Town Attorneys Office. The document shall be filed with the County Clerks Office. Proof shall be provided to the Clerk upon filing of the Subdivision Plat.

 

3. Recommendation to the Town Board to Establish Value and Term of the Performance Bond:

RECOMMENDATION:  In view of the foregoing, the Board RECOMMENDS TO THE TOWN OF ORANGETOWN TOWN BOARD that the value of the Performance Bond be established in accordance with the Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by Bruce Peters, P.E., dated July 22, 2009.

The term of the Performance Bond shall not exceed two (2) years as set forth in Section 21A-10 of the Town of Orangetown Town Code, which shall be on or before

September 30, 2011, and Subject to the Following Conditions:

 

ITEM                                                               COST

Monuments                                                   $ 1,050.00

Iron Pins                                                           1,350.00

As-Built Drawings                                           1,800.00

Soil Erosion and Sediment Control           25,700.00      

Sanitary System                                            52,720.00

                                       Sub-Total              $ 82,620.00

Administrative Close-out

(20% of Sub-Total)                         $  16,524.00

                                      Total Bond            $ 99,144.00

Inspection Fee (3% of Sub-Total)            $   2,478.60

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

All Bonds are to conform to current town regulations.

The foregoing Resolution was made and moved by Kevin Garvey and seconded by

William Young and carried as follows: Bruce Bond, aye, Andy Stewart, aye;

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

Kevin Garvey, aye.

 

The Clerk of 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 this Office of the Planning Board.

Dated: September 30, 2009

Planning Board Town of Orangetown

State Environmental Quality Review Regulations

                                                NEGATIVE DECLARATION

                                    Notice of Determination of Non-Significance

PB #09-53: DiPietrantonio Subdivision Plan – Reaffirmation of SEQRA

Town of Orangetown Planning Board Decision

 

September 30, 2009

Page 5 of 5

 

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: DiPietrantonio Subdivision Plan

SEQR STATUS:         Type I   _________

Unlisted  XXXXXX

CONDITIONED NEGATIVE  DECLARATION:  Yes  _______ No   XXXXXX

DESCRIPTION OF ACTION: Reapproval of Final Approval

PB #07-26, dated March 14, 2007, Reaffirmation of SEQRA and

Recommendation to the Town Board to Establish Value and

Term of the Performance Bond

 

LOCATION: The site is located at Blauvelt Road, Pearl River, Town of Orangetown, Rockland County, New York and as shown on the Orangetown Tax Map as Section 69.14, Block 2, Lot 5 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 action. The proposed action is consistent with the Town of Orangetown’s Master Plan and will not have any adverse economic or social impacts upon the Town or its businesses or residences.

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

For Further Information contact:

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

Administration and Enforcement

Town of Orangetown

20 Greenbush Road

Orangeburg, NY 10962

Telephone Number: 845-359-5100

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

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

– Region 3 Headquarters, NYSDEC   – Town Supervisor, Applicant,  Involved Agencies

PB #09-43: St. Thomas Aquinas College Site Plan-Preliminary Site

Plan Approval Subject to Conditions/Administration Building

 

Town of Orangetown Planning Board Decision

September 30, 2009

Page 1 of 13

 

TO:      John Atzl; Atzl, Scatassa & Zigler; 234 North Main Street; New City,

New York 10956

FROM:            Orangetown Planning Board

 

RE:      St. Thomas Aquinas College Site Plan: Application of Joseph Donini, Vice President of Administration, applicant, for St. Thomas Aquinas College, owner, for Prepreliminary/Preliminary Site Plan Review for a site to be known as “St. Thomas Aquinas College – Administration Building 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 125 Route 340, Sparkill, New York; on the north side of Route 340, 1850 feet east of the intersection of Route 303. Tax Map Numbers: 74.12/1/29 and 74.16/1/1; in the R-40 zoning district.

 

Heard by the Planning Board of the Town of Orangetown at meetings held Wednesday,

July 22 and September 30, 2009, at which time the Board made the following determinations:

 

July 22, 2009

John Atzl, Joseph Donini, Anthony Lovino and Sister Margaret Fitzpatrick appeared and testified.

The Board received the following communications:

1. A Project Review Committee Report dated July 15, 2009.
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 July 22, 2009.

3. An interdepartmental memorandum from the Department of Environmental Management and Engineering, (DEME) Town of Orangetown, signed by

Bruce Peters, P.E., dated July 16, 2009.

4. Letters from HDR signed by Harvey Goldberg, P.E., dated July 9 & 20, 2009.
5. A letter from the Rockland County Department of Planning, signed by

Salvatore Corallo, Commissioner of Planning, dated July 20, 2009.

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

Joseph Arena, Principal Engineering Technician, dated June 22, 2009.

7. A letter from Rockland County Drainage Agency, signed by Edward Devine, Executive Director, dated June 16, 2009.

PB #09-43: St. Thomas Aquinas College Site Plan-Preliminary Site

Plan Approval Subject to Conditions/Administration Building

 

September 30, 2009

Page 2 of 13

 

 

8. A letter from Rockland County Sewer District #1, signed by Joseph LaFiandra, Engineer II, dated July 9, 2009.
9. Letters from Rockland County Department of Health, signed by Scott McKane. P.E., Senior Public Health Engineer, dated June 11 & 15, 2009.
10. An interdepartmental memorandum from the Bureau of Fire Prevention, Town of Orangetown, signed by Michael Bettmann, Chief, Fire Inspector, dated June 9, 2009.
11. A letter from the Town of Orangetown Zoning Board of Appeals, signed by William Mowerson, Chairman, dated June 17, 2009.
12. A letter from the Palisades Interstate Park Commission, signed by

Karl B. Roecker, dated June 15, 2009.

13. Full Environmental Assessment Form dated June 5, 2009, signed by Joseph Donini, Vice President of Administration.
14. A letter from the New York State Department of Transportation, signed by

Mary Jo Russo, Rockland County Permit Engineer, dated July 9, 2009.

15. A letter from the New York State Department of Environmental Conservation, Division of Environmental Permits, Region 3, signed by Rebecca Crist, Environmental Analyst, Division of Environmental Permits, dated June 29, 2009, with an attachment.
16. A Stormwater Management Report and Underground Drainage System Design Report prepared by Ray Ahmadi, Ph.D., P.E., dated May 26, 2009.
17. Plans prepared by Atzl, Scatassa & Zigler, April 10, 2009:

• Drawing 1: Overall Existing Condition Plan
• Drawing 2: Overall Existing Condition Plan
• Drawing 3: Administration Building Site Plan
• Drawing 4: Administration Building Grading Plan
• Drawing 5: Administration Building Profile Plan
• Drawing 6: Administration Building Erosion Control Plan
• Drawing 7: Administration Building Detail Sheet

18. Architectural Schematic prepared by arcari & iovino Architects, dated

May 29, 2009.

 

The Board reviewed the plans.

 

The applicant requested a CONTINUATION of the application.

PB #09-43: St. Thomas Aquinas College Site Plan-Preliminary Site

Plan Approval Subject to Conditions/Administration Building

 

September 30, 2009

Page 3 of 13

 

 

September 30, 2009

Anthony Lovino, John Atzl and Joseph Donini appeared and testified.

The Board received the following communications:

1. A Project Review Committee Report dated September 23, 2009.
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 July 22 and September 30, 2009.

3. An interdepartmental memorandum from the Department of Environmental Management and Engineering, (DEME) Town of Orangetown, signed by

Bruce Peters, P.E., dated September 24, 2009.

4. Letters from HDR signed by Harvey Goldberg, P.E., dated August 12 and

September 24, 2009.

5. Letters from Rockland County Drainage Agency, signed by Edward Devine, Executive Director, dated August 17 and September 23, 2009.
6. Letters from the New York State Department of Environmental Conservation, Division of Environmental Permits, Region 3, signed by Rebecca Crist, Environmental Analyst, Division of Environmental Permits, dated July 29, 2009.
7. A letter from the New York State Office of Parks, Recreation and Historic Preservation, signed by Ruth Pierpont, Director, dated July 23, 2009.
8. A copy of the Permit Application to the Rockland County Drainage Agency, dated September 2, 2009, signed by Joseph Donini, V.P. of Administration.
9. A Stormwater Management Report and Water Quality and Quantity System Design, prepared by Atzl, Scatassa & Zigler, P.C., dated May 26, 2009, revised

September 14, 2009.

10. Plans prepared by Atzl, Scatassa & Zigler, dated April 10, 2009, revised

September 11, 2009:

• Drawing 1: Overall Existing Condition Plan
• Drawing 2: Overall Existing Condition Plan
• Drawing 3: Administration Building Site Plan
• Drawing 4: Administration Building Grading Plan
• Drawing 5: Administration Building Profile Plan
• Drawing 6: Administration Building Erosion Control Plan
• Drawing 7: Administration Building Detail Sheet

11. Administration Building Site Plan: Drawing 3 “E”: prepared by Atzl, Scatassa & Zigler, dated April 10, 2009
12. Building Floor Plans – A.1: prepared by arcari & iovino Architects, dated

May 29, 2009.

PB #09-43: St. Thomas Aquinas College Site Plan-Preliminary Site

Plan Approval Subject to Conditions/Administration Building

 

September 30, 2009

Page 4 of 13

 

The hearing was then opened to the Public. There being no one to be heard from the Public, a motion was made to close the Public Hearing portion of the meeting by

Kevin Garvey and seconded by Bruce Bond and carried as follows:

Bruce Bond, aye; Andy Stewart, aye; John Foody, aye; William Young, aye; Robert Dell, aye; Jeffrey Golda, aye and Kevin Garvey, 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 Kevin Garvey and seconded by Bruce Bond and carried as follows: Robert Dell, aye; Kevin Garvey, aye; Bruce Bond, aye; Andy Stewart, aye; John Foody, aye; William Young, aye and Jeffrey Golda, aye, the Board declared itself Lead Agency.

 

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

 

On motion by Kevin Garvey and seconded by Bruce Bond and carried as follows:

Bruce Bond, aye; Andy Stewart, aye; Robert Dell, aye; John Foody, aye; William Young, aye; Jeffrey Golda, aye and Kevin Garvey, aye, the Board made a Negative Declaration.

 

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

1. 1. Rockland County Department of Planning requests the opportunity to review any variances that may be required to implement the proposed site plan, as required by New York State General Municipal Law, Section 239-m (3)(a)(v).
2. 2. The Site Plan shall be signed and sealed by both a Professional Land Surveyor and a Professional Engineer.
3. 3. The applicant shall make a good faith effort to contact New York State Department of Conservation to review an underground Detention Pond as originally proposed for this project. The applicant shall report back to the Planning Board with the findings at the next appearance of Board review.

 

PB #09-43: St. Thomas Aquinas College Site Plan-Preliminary Site

Plan Approval Subject to Conditions/Administration Building

 

September 30. 2009

Page 5 of 13

 

 

4. 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.”

5. 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.
6. The Full Environmental Assessment Form appears to be in order.
7. 7. The removal of Marion Hall will require a Demolition Permit.
8. 8. The Administration Building plan shall shown handicap parking near the building.
9. The plans shall be reviewed by the Town of Orangetown Architecture and Community Appearance Board of Review.
10. 10. The direction of the roof and footing drains shall be shown on the Site Plans.
11. The SWPPP provided is under review by DEME.
12. 12. The sanitary building connection for the proposed administration building shall be added to the Site Plans.
13. 13. Profiles for the new/relocated sanitary building connections shall be provided with the plans.
14. Copies of all correspondence, including any and all approvals with the New York State Department of Environmental Conservation, U.S. Army Corps. of Engineers, the Rockland County Drainage Agency, etc., in connection with this plan shall be supplied to the Planning Board and DEME, prior to signing of the map.
15. 15. A post construction stormwater maintenance agreement (in accordance with NYSDEC Phase II regulations) for the proposed stormwater system shall be submitted to DEME and the Town Attorney’s Office for review and approval, in substance and form. Said agreement shall include a maintenance and management schedules, inspection check lists, contact person with telephone number, yearly report to be submitted to DEME, etc.
16. The Drainage Consultant to the Planning Board recommends acceptance for drainage subject to the following conditions:

The Applicant proposes to construct a new Administration Building on a college campus and to demolish an existing building (Marion Hall).  The proposed building will be located

PB #09-43: St. Thomas Aquinas College Site Plan-Preliminary Site

Plan Approval Subject to Conditions/Administration Building

 

September 30, 2009

Page 6 of 13

 

Continuation of Condition #16…..

 

 

on the northeast side of Route 340, approximately 100-ft southeast from the Student Alumni Center. In addition to the new building, the Applicant proposes to construct new paved roads, modify existing paved roads and to add new parking areas and sidewalks. Access to the site will be from Route 340. A revised Plan and drainage calculations have been submitted.

 

Under the revised Plan, the Applicant proposes to provide an open detention basin in accordance with NYSDEC regulations. Two proposed onsite storm sewer/swale systems will direct storm water runoff to the detention basin.

 

Upon review of the current submittal, the Planning Board’s Drainage Consultant believes that the proposed stormwater management plan can be made to achieve a zero net increase in runoff rate from the developed site. Accordingly, the Consultant recommends acceptance for drainage subject to the following conditions:

 

• Provide longitudinal and transverse sections through the detention basin drawn to scale.

 

• Provide calculations for sizing each proposed drainage swale. Construction details of each swale must be added to the plans. The swales shall be designed to convey a 100-yr, 24-hr, Type III storm with a 6-in minimum freeboard.

 

• The proposed swale south of the Administration Building must be continued into the forebay of the detention basin. Provide grading information (i.e. swale invert elevations) at the entrance to the basin, and as needed to permit construction.

 

1. All storm sewers must be designed for a 25-yr storm without surcharging in the pipes or structures. They must also be designed for a 100-yr storm as well. In the 100-yr design, the Planning Board’s Drainage Consultant will allow surcharging in the pipes and at structures, provided there is a minimum 12” freeboard at all structures (i.e. maximum water level must be a minimum of 12-in below the rim. The calculations must use the appropriate 25-yr or 100-yr high water level in the basin as the tailwater elevation.

 

1. Provide a calculation for sizing the basin outlet pipe. The outlet pipe is shown as 24-in on the plans and 18-in in the calculations (pg 41). The pipe must have the same capacity as the peak flow rates into the basin during the 100-yr flood elevation in the basin (i.e. tailwater El =68.6).

PB #09-43: St. Thomas Aquinas College Site Plan-Preliminary Site

Plan Approval Subject to Conditions/Administration Building

 

September 30. 2009

Page 7 of 13

 

Continuation of Condition #16…..

 

 

1. Calculations for sizing the two stone discharge aprons must be provided. Show the two riprap outlet aprons and structures to scale on the plans. Show proposed grading details for the structures and aprons.

 

1. Provide profiles on the plans for all storm drains (CB-6 to CB-5 and OCS to existing sewer are missing). Show the hydraulic grade line for each length of pipe and the 100-yr water levels at each structure. Show all utility crossings to avoid conflicts during construction.

 

1. Provide a detail of the Outlet Control Structure including plan and sectional views drawn to scale showing all dimensions, elevations, etc that will permit construction. Provide a NYSDEC acceptable non clogging trash rack for each small orifice and safety protection for the 100-yr spillway.

 

1. The Rockland County Department of Health (RCDOH) must be contacted to determine if a mosquito breeding avoidance plan is needed, and the Applicant shall obtain their approval of such plan if required.  A copy of the RCDOH approval letter must be submitted and any requirements must be noted on the Site Plan.

 

• The detention basin is shown to have a permanent pond. The plans and calculations make no mention of a pond liner.  Will the permanent pond have a liner to prevent the permanent pond from infiltrating into the ground? If yes, than liner details must be shown on the plans. If not, a soil investigation must be made to confirm the adequacy of the soil to retard infiltration.

 

• Indicate the limits of the pond buffer area on the plans.

 

• Maintenance responsibility for the pond and buffer area shall be vested with a responsible authority by means of a legally binding and enforceable maintenance agreement that is executed as a condition of plan approval (per NYSDEC Stormwater Guidelines Section 6.1.6).

 

Additional conditions may be added based on response to the above conditions.

PB #09-43: St. Thomas Aquinas College Site Plan-Preliminary Site

Plan Approval Subject to Conditions/Administration Building

 

September 30, 2009

Page 8 of 13

 

17. 17. The Rockland County Drainage Agency’s (RCDA) has previously reviewed the proposal and it was determined that the site is within the jurisdiction of the RCDA. The RCDA has reviewed the proposed project and additional information and has confirmed that the proposed project is within the jurisdiction of RCDA. The determination made by RCDA is based on the location of the parcel on which the proposed construction is to take place, and not the location of the proposed disturbance. Parcel #74.16 -1-1 is located within 100 feet of the 100 year floodplain of the Sparkill Creek, Accordingly, a permit from RCDA pursuant to the Rockland County Stream Control Act, is required.

As of the date of this correspondence, the RCDA has not received a permit application.

The applicant shall submit an application to RCDA immediately. In addition, the site also carries a tributary to the Sparkill Creek that appears to contain U.S. Army Corp of Engineers jurisdictional wetlands. The RCDA suggests that the U.S. Army Corp of Engineers be contacted and requested to make a jurisdictional determination regarding the proposed activity.

18. 18. Based upon the review by the New York State Office of Parks, Recreation and Historic Preservation (SHPO’s), it is the SHPO’s opinion that the project will have No Effect upon cultural resources in or eligible for inclusion in the National Registers of Historic Places.
19. Based on the plans and a telephone conversation between the applicant and Rebecca Crist of New York State Department of Environmental Conservation, Division of Environmental Permits, Region 3, a letter was dated July 29, 2009 indicates NYSDEC as having “No Jurisdiction”. If any changes are made to the plans which result in disturbances to the bed or bank of tributary of the Sparkill Creek, NYS Water Index #H-13-7, Class B, the plans must be review by NYSDEC.
20. 20. Rockland County Department of Planning had the following comments which are incorporated herein as conditions of approval:

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

Transportations and any required permits obtained.

• There shall be no net increase in storm water runoff from the site.
• Soil Erosion and Sediment Soil Erosion and Sediment Control Plans and

details shall be submitted to the Town of Orangetown Department of

Environmental Management and Engineering for review and approval. The Soil

Erosion and Sediment Control Plan shall meet the NYS Guidelines for Urban

Erosion and Sediment Control.

• The fire department connections shall be designated on the Site Plan and kept clear for easy access by the emergency response vehicles.
• Water is a scare resource in Rockland County; thus proper planning and

phasing of this project are critical to supplying the current and future residents of

the Villages, Towns, and County with an adequate supply of water. A letter from

the public water supplier, stamped and signed by a NYS licensed professional

engineer, shall be issued to the municipality for this project, certifying that there

will be sufficient water supply during peak demand periods and in a drought

situation.

PB #09-43: St. Thomas Aquinas College Site Plan-Preliminary Site

Plan Approval Subject to Conditions/Administration Building

 

September 30, 2009

Page 9 of 13

 

Continuation of Conditions #20…..

 

• If any public water supply improvements are required, engineering plans and

specification for these improvements shall be reviewed by the Rockland County

Department of Health, prior to construction. In order to complete an application

for approval of plans for public water supply improvements, the water supplier

must supply an engineer’s report pursuant to the “Recommended Standards for

Water Works, 2003 Edition,” that certifies their ability to serve the proposed

project while meeting the criteria contained within the Recommended Standards

for Water Works. These standards are adopted in their entirety in 10 NYCRR,

Subpart 5-1, the New York State regulations governing public water systems.

Both the application and supporting engineer’s report must be signed and

stamped by a NYS licensed professional engineer and shall be accompanied by

a completed NYS Department of Health Form 348, which must be signed by the

public water supplier.

• A landscaping plan must be provided for the proposed new building.
• The parking for this new building must be shown on the Site Plan. If existing parking is to serve this building, then the location of the parking associated with this building must be illustrated to ensure that there is sufficient parking in the vicinity and to prevent parking along driveways or the State highway. Since this is to be an administration building, nearby guest parking shall be considered. At a minimum, handicapped parking shall be provided adjacent to the building.

21. Based upon the plans and information provided for the project, the Rockland County Department of Highways found that the required action will have a de minimus impact to County Roads in the area.
22. Application is to be made to Rockland County Department of Health

(RCDOH) for review of the storm water management system for compliance with

the County Mosquito Code. Applicant’s engineer shall contact Brian Hunderfund.

23. 23. The Town of Orangetown Fire Prevention Bureau had the following comments:

• The building shall have an NFPA 13 compliant Fire Sprinkler system with a 2 X 2 ½ connection at the Fire Department connection. With FDC sign as required by Town of Orangetown Town Code.
• Install and maintain an NFPA 72 compliant Fire Alarm System, with addressable devices and transmits the alarm in “contact ID format”. With 2 copper phone lines (POTS) and a direct connection to Rockland 44- control. With a remote anunciator and Amber and Red strobe lights as required by Town of Orangetown Town Code.

PB #09-43: St. Thomas Aquinas College Site Plan-Preliminary Site

Plan Approval Subject to Conditions/Administration Building

 

September 30, 2009

Page 10 of 13

 

Continuation of Conditions #23…..

 

• Install and maintain portable fire extinguishers as required by NFPA 10.
• Emergency lighting as required by NEC.
• Install Key Box and provide keys as required.
• Show all No Parking/ Fire Zone markings and signage on the final approved Site Plan.

24. 24. New York State Department of Transportation (NYSDOT) reviewed the plans and do not have any comments at this time. If the applicant plans to do any work along the right of way including repaving, landscaping or regarding, a highway work permit will be required.
25. 25. The following agencies do not object to the Town of Orangetown Planning Board assuming responsibilities of lead agency for SEQRA purposes:

– Rockland County Department of Highways

– Rockland County Department of Health

– Rockland County Drainage Agency

– Rockland County Sewer District #1

– Town of Orangetown Zoning Board of Appeals

– Palisades Interstate Park Commission

– New York State Department of Environmental Conservation

26. 26. The applicant shall comply with all pertinent items in the Guide to the Preparation of Site Plans prior to signing the final plans.
27. All reviews and approvals from various governmental agencies must be obtained prior to stamping of the Site Plan.
28. 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.

1. The Tree Protection Zone for trees designated to be preserved will be

established by one of the following methods:

• One (1) foot radius from truck 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:

PB #09-43: St. Thomas Aquinas College Site Plan-Preliminary Site

Plan Approval Subject to Conditions/Administration Building

 

September 30, 2009

Page 11 of 13

 

Continuation of Conditions #28…..

 

 

• 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.

29. 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.
30. 30. 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.

31. 31. The contractor’s trailer, if any is proposed, shall be located as approved by the Planning Board.
32. 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).

PB #09-43: St. Thomas Aquinas College Site Plan-Preliminary Site

Plan Approval Subject to Conditions/Administration Building

 

September 30, 2009

Page 12 of 13

 

 

33. Permanent vegetation cover of disturbed areas shall be established on the site within thirty (30) days of the completion of construction.
34. 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
35. The Planning Board shall retain jurisdiction over lighting, landscaping, signs and refuse control.

 

 

The foregoing Resolution was made and moved by Kevin Garvey and seconded by Bruce Bond and carried as follows: Robert Dell, aye; Bruce Bond, aye; Andy Stewart, aye; William Young, aye; John Foody, aye; Jeffrey Golda, aye and Kevin Garvey, 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 30, 2009

Town of Orangetown Planning Board

State Environmental Quality Review Regulations

                                                NEGATIVE DECLARATION

                                    Notice of Determination of Non-Significance

PB #09-43: St. Thomas Aquinas College Site Plan-Preliminary Site

Plan Approval Subject to Conditions/Administration Building

Neg. Dec.

 

September 30, 2009

Page 13 of 13            

 

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: St. Thomas Aquinas College Site Plan

SEQR STATUS:         Type I   _________

Unlisted  XXXXXX

CONDITIONED NEGATIVE  DECLARATION:  Yes  _______  No   XXXXXX

DESCRIPTION OF ACTION: Site Plan Review

LOCATION: The site is located at 125 Route 340, Sparkill, Town of Orangetown, Rockland County, New York and as shown on the Orangetown Tax Map as Section 74.12, Block 1, Lot 29 and Section 74.16, Block 1, Lot 1 in the R-40 zoning district.

 

REASONS SUPPORTING THIS DETERMINATION:

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

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

need not be prepared because the proposed action does not significantly affect

air quality, surface or ground water quality, noise levels or existing external

traffic patterns. In addition, it will have no impact upon the aesthetic, agricultural or cultural resources of the neighborhood. No vegetation, fauna or wildlife species will be affected as a result of this proposed action. The proposed action is consistent with the Town of Orangetown’s Master Plan and will not have any adverse economic or social impacts upon the Town or its businesses or residences.

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

For Further Information contact:

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

Administration and Enforcement

Town of Orangetown

20 Greenbush Road

Orangeburg, NY 10962

Telephone Number: 845-359-5100

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

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

– Region 3 Headquarters, NYSDEC   – Town Supervisor,  Applicant,  Involved Agencies