Meeting Overview

Meeting of September 9, 2015

Town of Orangetown  Planning  Board

 

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

 

MEMBERS ABSENT: William Young

 

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

Chief Clerk

 

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

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

 

Virginia  Homes Subdivision  Plan Recommendation to the Town Board Establish the Value and Term

of the Performance Bond

Williams Street & Sparkill Avenue, Sparkill

77.08/5/33.2 & 36; RG zoning district

 

Ramsay Subdivision  Plan Recommendation to the Town Board to Release the Performance Bond

Williams Street & Sparkill Avenue, Sparkill

 

Recommended Value and Term of Performance  Bond to the Town Board

 

Recommended Release of the Performance

PB #15-43

 

 

PB #15-44

 

77.08/5/33; RG zoning district

 

Route 9W Golf Subdivision  Plan Extension  of Performance  Bond Term Kopac Lane, Palisades

78.14/1/2; R-40 zoning district

 

Brightview  Senior Living Lake Tappan Site Plan Prepreliminary/ Preliminary Site Plan and SEQRA Review

31 Hunt Road, Pearl River

73.15/1/1O; R-80 zoning district

 

American  Legion Site Plan Ancillary Parking Facility Plan Prepreliminary/ Preliminary Site Plan and SEQRA Review

61 Hunt Road, Pearl River

73.15/1/2; R-80 zoning district

 

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Bond to the Town Board

 

PB #15-45

Two Year Extension

Granted

 

 

 

PB #15-40

Preliminary  Site Plan Approval  Subject to Conditions/  Neg. Dec.

 

 

 

 

PB #15-41

Preliminary  Site Plan Approval  Subject to Conditions/  Neg. Dec.

 

Meeting  of September 9, 2015

Town  of Orangetown   Planning   Board

-2-

 

 

 

28 Route  303 Auto Site  Plan Prepreliminary/    Preliminary    Site Plan and SEQRA  Review

28 Route 303, Tappan

Route 303 Overlay Zone

77.15/1/44;  CS zoning  district

 

Postponed   to

October 14, 2015

Planning   Board

Meeting

PB #12-02

 

 

 

 

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 Robert  Dell  and seconded  by Bruce Bond and agreed to by all in  attendance.   The meeting  was adjourned  at 9:20 p.m.  The

next Planning  Board meeting  is  scheduled   for Monday,   September  21, 2015. DATED:  September 9, 2015           G ~    Cbvof.AiSIA    ,C2() Cheryl  Coopersmith                                                        ~~         ‘~

Chief  Clerk Boards and Commissions

Town  of Orangetown  Planning   Board

 

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PB#15-43: Virginia  Homes Subdivision  -Recommendation    to the Town

Board to Establish  the Value and Term of the Performance  Bond

 

Town of Orangetown  Planning  Board Decision

September 9, 2015

Page 1of3

 

TO:

 

FROM:

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

Town of Orangetown  Planning  Board

 

 

RE:                 Virginia  Homes Subdivision  Plan: The application  of Jay Greenwell, applicant,  for a Recommendation   to the Town  Board to Establish  the Value and Term of the Performance  Bond, at a site to be known as “Virginia  Homes Subdivision  Plan”, in accordance  with Article  16 of the Town Law of the State of New York, the Land Development  Regulations  of the Town of Orangetown,

Chapter  21 of the Code of the Town of Orangetown.  The site is located on the south side of William  Street at the intersection  of William  Street and Sparkill Avenue,  Sparkill, Town of Orangetown,   Rockland  County,  New York, and shown on the Orangetown  Tax Map as Section  77.08,  Block 5, Lots 33.2 & 36 in the RG zoning district.

 

Heard by the Planning  Board of the Town  of Orangetown  at a meeting  held Wednesday,  September 9, 2015, at which time the Board made the following determinations:

 

Jay Greenwell  and Kevin Ramsay  appeared  and testified. The Board received the following  communications:

1. A Project Review Committee Report dated September  2, 2015.
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  9, 2015.
3. An Interdepartmental memorandum  from the Department  of Environmental

Management  and Engineering  (DEME),  Town of Orangetown,  signed  by

Bruce Peters,  P.E., dated September  3, 2015.

 

The Board reviewed  the submitted  information.   The hearing was then open 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 Thomas  Warren  and seconded  by Bruce Bond and carried  as follows:  Kevin Garvey,  Chairman,  aye; Bruce Bond, Vice Chairman;  aye, Michael  Mandel, aye; William  Young,  absent;  Robert Dell, aye; Thomas  Warren,  aye and Stephen  Sweeney,  aye.

 

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RECOMMENDATION:     In view of the foregoing,  the Planning  Board Recommended  to the Orangetown  Town Board the value and term of the Performance  Bond 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 September  3, 2015.

 

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  9, 2017, and Subject to the Following  Conditions:

 

 

ITEM   Suburban  Road	COST   $      18,750.00
Monumentation	2,800.00
Iron Pins	3,150.00
As-Built Drawings	5,400.00
Soil Erosion & Sediment Control	59,000.00*
Sub-Total	$        89,100.00
Administrative Close-out   (20% of Sub- Total)	$      17,820.00
Total Bond	$    106,920.00

 

 

No additional  Inspection  Fee required.

 

* It is the understanding  of DEME that the $59,000.00  for Soil Erosion  & Sediment  Control will be split equally  among the seven undeveloped  lots ($8,428.58/  lot) and received  and held as escrow  by the Town of Orangetown Office of Building,  Zoning,  Planning  Administration   and Enforcement  when each lot “comes on” for a building  permit.

 

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The foregoing  Resolution    was made and   moved by Bruce   Bond and

seconded  by Stephen  Sweeney  and carried as follows:   Kevin Garvey,  Chairman, aye;   Bruce  Bond,   Vice  Chairman,     aye;   Michael   Mandel,  aye;  William  Young, absent;    Robert Dell,   aye; Thomas  Warren,  aye, and Stephen   Sweeney,   aye.

 

 

 

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

 

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Dated:  September 9, 2015        /I~               n  ._  _                   ,,~   ~

Cheryl Coopersmith                   V

Chief Clerk Boards and Commissions

Town of Orangetown  Planning Board

 

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PB #15-44: Ramsay Subdivision  Plan: Recommendation  to the Town Board to Release the Performance  Bond

 

Town of Orangetown  Planning  Board Decision

September 9, 2015

Page 1of2

 

 

 

TO: FROM:

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

Town of Orangetown Planning Board

 

 

RE:               Ramsay Subdivision: The application of Kevin Ramsay, owner, for a Recommendation to the Town Board to Release the Performance Bond

for a subdivision known as “Ramsay Subdivision”,   in accordance with Article

16 of the Town Law of the State of New York, the Land Development

Regulations of the Town of Orangetown, Chapter 21 of the Code of the Town of Orangetown. The site is located at 110 Sparkill Avenue, southeast corner of the intersection of Sparkill Avenue and William Street, Sparkill, Town of Orangetown, Rockland County, New York and as shown on the Orangetown Tax Map as Section 77.08, Block 5, Lot 33 in the RG zoning district.

 

Heard by the Planning Board of the Town of Orangetown at a meeting held Wednesday,  September 9, 2015, at which time the Board made the following determinations:

 

Jay Greenwell and Kevin Ramsay appeared and testified. The Board received the following communications:

1. Project Review Committee Report dated September 2, 2015.
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 9, 2015.
3. An Interdepartmental memorandum from the Department of Environmental Management and Engineering (DEME), Town of Orangetown, signed by James Dean, Superintendent of Highways and Joseph Moran, Commissioner, dated August 24 and September 9, 2015.
4. Copy of PB #11-01, 2nd 90 Day Extension to File the Subdivision Plan and

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

Performance Bond, dated February 9, 2011.

5. A copy of an email from Kevin Ramsay dated August 20, 2015.

 

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

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

 

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

 

 

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PB #15-44:   Ramsay Subdivision    Plan:  Recommendation     to the Town  Board to Release  the Performance   Bond

 

Town  of Orangetown  Planning   Board  Decision

Page 2 of 2

 

 

 

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

 

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

 

Dated: September  9,  2015

Cheryl Coopersmith

Chief Clerk  Boards and Commissions

Town  of Orangetown  Planning  Board

 

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TO:

 

 

FROM:

Wayne Wilcox,  Lennar  New York, 2465 Kuser Road, Fl #3

Hamilton,  New Jersey 08690

Town of Orangetown  Planning  Board

 

 

RE:                 Route 9W Golf Course Subdivision  Performance  Bond: The application  of Lennar,  New York, LLC, for an Extension  of the Performance  Bond Term at a site known as “Route 9W Golf Course Subdivision”,  in accordance with Article  16 of the Town Law of the State of New York, the Land Development Regulations  of the Town of Orangetown,  Chapter  21 of the Code of the Town of Orangetown.   The site is located on Kopac Lane, Palisades,  Town of

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

Map as Section  78.14,  Block 1, Lot 2 in the R-40 zoning  district.

 

Heard by the Planning  Board of the Town of Orangetown  at a meeting  held Wednesday, September 9, 2015, at which time the Board made the following determinations:

 

Wayne Wilcox  appeared  and testified.

The Board received the following  communications:

1. Project Review Committee Report dated September 2, 2015.
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  9, 2015.
3. An Interdepartmental memorandum  from the Department  of Environmental Management  and Engineering  (DEME),  Town of Orangetown,  signed by Bruce Peters,  P.E., dated September  3, 2015.
4. A letter from Lennar New York, LLC, signed by Wayne Wilcox, to John

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

Enforcement,  Town of Orangetown,  dated July 27, 2015, attachment.

5. A copy of an email from Theresa Johnson, Project  Manager,  Orange and

Rockland  Utilities, dated August  17, 2015, with an attachment.

 

 

There  being no one to be heard from the Public, a motion was made to close the

Public Hearing  portion of the meeting  by Bruce Bond and second  by

Thomas  Warren  and carried  as follows:  Kevin Garvey,  Chairman,  aye; Bruce Bond, Vice Chairman,  aye; William  Young,  absent;  Robert Dell, aye, Michael Mandel,  aye, Stephen  Sweeney,  aye and Thomas  Warren,  aye.

 

DECISION:  In view of the foregoing,  the Board granted a Two Year Extension  of the Term of the Performance  Bond until September 9, 2017, subject  to the following  conditions:

 

1. The applicant shall submit a subdivision street lighting plan within 60 days of the September  9, 2015 Planning  Board meeting for review by the Town of Orangetown  Office of Building,  Zoning,  Planning  Administration   and Enforcement.

 

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2. All previous  conditions  of subdivision  approvals  and performance  bond requirements  remain in effect.

 

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

by Thomas  Warren  and carried as follows:   Kevin Garvey,   Chairman,  aye;   Bruce Bond,   Vice Chairman,    aye;  William  Young,  absent;  Robert  Dell,   aye, Michael Mandel,    aye, Stephen  Sweeney,   aye and Thomas  Warren,   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  9,  2015                   n~· d         rv » ,\/1,,   ~,.,

Cheryl Coopersmtih                         V                 ‘(j!-f)f~      Y~)

Chief Clerk Boards  and Commissions

Town  of Orangetown Planning Board

 

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PB #15-40:  Brightview    Senior   Living   Lake  Tappan  Plan:  Preliminary    Site

Plan Approval   Subject   to Conditions/    Neg. Dec. Town  of Orangetown    Planning   Board  Decision

 

September   9, 2015

Page 1of20

 

TO:

 

 

FROM:

Donald Brenner,  4 Independence  Avenue,  Tappan, New York  10983

Orangetown  Planning  Board

 

 

RE:                 Brightview  Senior  Living Lake Tappan  Site Plan: The application  of

Shelter  Development  LLC, applicant  for Hegarty  Homes,  owner, (Donald Brenner,  attorney for the owner),  for Prepreliminary/   Preliminary  Site Plan Review, at a site to be known as “Brightview   Senior   Living   Lake Tappan 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 31  Hunt Road,

Pearl River, Town of Orangetown,  Rockland  County,  New York, and as shown on the Orangetown  Tax Map as Section  73.15,  Block 1, Lot 1 O;  in the R-80 zoning district.

 

Heard by the Planning Board of the Town of Orangetown at meetings held Wednesday, July 22 and September 9, 2015, the Board made the following determinations:

 

July 22, 2015

Donald Brenner, Diego Villareale, Erik Anderson and Michael Glynn appeared

and testified.

The Board received the following communications:

1. Project Review Committee Report dated July 15, 2015.
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, 2015.
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, 2015.

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

Schuetz, Acting Commissioner, dated July 21, 2015.

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

Sonny Lin, P.E., dated July 15, 2015.

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

Scott McKane, P.E., Senior Public Health Engineer, dated June 18 & 22, 2015.

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

LaFiandra, Engineer II, dated June 26, 2015.

8. Letters from the New York State Department of Environmental Conservation, Region 3, signed by Jean McAvoy, Division of Environmental Permits, dated July 10, 2015.

 

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PB #15-40: Brightview  Senior Living  Lake Tappan Plan: Preliminary  Site

Plan Approval  Subject to Conditions/  Neg. Dec.

Town of Orangetown  Planning  Board Decision

 

September 9, 2015

Page 2of20

 

 

 

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

Daniel Sullivan, Chairman, dated June 17, 2015.

10. An Interdepartmental memorandum from the Bureau of Fire Prevention, Town of Orangetown, signed by Michael Bettmann, Chief Fire Inspector, dated July 14, 2015.
11. A Short Environmental Assessment Form, signed by Donald Brenner, dated

June 11, 2015.

12. A Full Environmental Assessment Form, signed by Robert B. Peake, AICO, dated June 11, 2015.
13. A copy of PB#15-12, Consultation, dated February 25, 2015.
14. Site Plans prepared by JMC Site Development Consultants dated

June 8, 2015:

• PSP-1: Cover Sheet
• PSP-2: Site Existing Conditions Plan
• PSP-3: Preliminary Site Layout Plan
• PSP-4: Preliminary Site Grading Plan
• PSP-5: Preliminary Site Utility Plan
• PSP-6: Preliminary Site Plan Erosion and Sediment Control Plan
• PSP-7: Preliminary Site Landscaping Plan
• PSP-8: Construction Details
• PSP-9: Construction Details
• PSP-10: Construction Details
• PSP-11: Construction Details
• PSP-12: Construction Details
• PSP-13: Construction Details

15. Architectural Plans prepared by JAL Architecture and Engineering P.C., dated June 8, 2015:

First Floor Plan

• Second Floor Plan
• Third Floor Plan
• Sheet 01: Exterior Elevation
• Sheet 02: Exterior Elevation
• Sheet 03: Exterior Elevation

The Board reviewed the plans. The hearing was then opened to the Public. Public Comment:

Dennis Scherer, 599 Orangeburg Road, Pearl River, requested information

regarding the type of sound barriers to be used between the ball fields and the proposed development.  He requested that Blue Spruce trees be planted to buffer the sound. Mr. Scherer wanted to know the type of security to be used on site and who would be responsible for maintaining the new parking spaces.

 

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PB #15-40: Brightview  Senior Living  Lake Tappan Plan: Preliminary  Site

Plan Approval  Subject to Conditions/  Neg. Dec. Town of Orangetown  Planning  Board Decision

 

September 9, 2015

Page 3 of 20

 

Dominic Filippone, 86 South Reid Avenue, Pearl River, a member of the

American Legion, and past member of the Zoning Board of Appeals, held that the proposed development would take away the scenic look of the playing fields.  He discussed the current parking situation in the area around the project site.

 

Joan Bourke, President of the Pearl River Little League, requested information regarding the type and size of the proposed buffers to be placed between the parking area and the development. She discussed parking availability in the area around the ball fields.

 

Kira Burch, 73 and 67 Hunt Road, Pearl River, requested some type of barrier between the development and the neighborhood. She raised concerns regarding the impact of the development on water in the area, since all of the houses have septic tanks and wells.  Ms Burch wanted to know if Corwick Realty had plans to develop its other property holdings in the area.

 

Bill Hurgudh, 49 Hunt Road, Pearl River, commented that he noticed that people park on Veterans Memorial Field and not on the site proposed for parking. Parking on the proposed roadway will create a bottle neck on the road and requested information regarding the parcel dimensions of the land. Mr. Hurgudh requested that a traffic study be completed for the site and a traffic signal be installed to control traffic.

 

Grace Meyer, 49 Hunt Road, Pearl River, noted that there is existing traffic on Hunt Road and with the construction of additional parking spaces, traffic will increase.

The applicant  requested a CONTINUATION. September 9, 2015

Donald Brenner, Diego Villareale and Michael Glynn appeared and testified.

The Board received the following communications:

 

1. Project Review Committee Report dated September 2, 2015.
2. Interdepartmental memorandums from the Office of Building, Zoning, Planning

Administration and Enforcement, Town of Orangetown, signed by

John Giardiello, P.E., Director, dated September 9 and July 22, 2015.

3. A letter from Brooker Engineering, signed by Kenneth DeGennaro, P.E., dated

September 8, 2015.

 

The Board reviewed the plans. The hearing was then open to the Public.

 

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PB #15·40: Brightview  Senior Living  Lake Tappan Plan: Preliminary  Site

Plan Approval  Subject to Conditions/  Neg. Dec. Town of Orangetown  Planning  Board Decision

 

September 9, 2015

Page 4of20

 

 

Public Comment:

Kira Burch, 73 and 67 Hunt Road, Pearl River, raised concerns regarding traffic along Hunt Road and continued privacy and green space in the area. She was

concerned about the impact of the development on water in the area, since all of the houses have septic tanks and wells.  Ms Burch wanted to know who would be responsible for maintaining the roadway and if Corwick Realty had plans to develop its other property holdings in the area.

 

Grace Meyer, 49 Hunt Road, Pearl River, opposed the development stating that

it was too large for the site. She requested that the applicant look into placing the project on the Rockland Psych property. Ms Meyer requested information regarding Chillers on the project site.

 

Dennis Scherer, 599 Orangeburg Road, Pearl River, requested information regarding the use of sound barriers on the American Legion site. He also questioned the cost of the water collection system and who would be responsible for maintaining the system.

 

Cathleen Neder, 37 Hunt, Pearl River, expressed concerns regarding the proposed entrances to the project site.

 

Joan Bourke, President of the Pearl River Little League, stated that it is the intention of the Pearl River Little League to make the roadway safe.

 

Dominic Filippone, 86 South Reid Avenue, Pearl River, a member of the American Legion, and past member of the Zoning Board of Appeals, noted that people currently park in various location around the project site.

 

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

Bruce Bond and seconded by Stephen Sweeney and carried as follows:

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

 

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 Michael Mandel and seconded by Stephen Sweeney and

carried as follows: Kevin Garvey, Chairman, aye; Bruce Bond, Vice Chairman, aye; William Young, absent; Robert Dell, aye; Stephen Swe.eney,aye; Michael Mandel, aye and Thomas Warren, abstain, the Board declared itself Lead Agency.

 

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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 JMC Site Development  Consultants,  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 Highways,  Rockland  County Department  of Health, Rockland  County  Sewer  District  No.1, New York State Department  of Environmental  Conservation,  and having reviewed  a proposed Site Plan prepared  by JMC, 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;

 

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• 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 Stephen Sweeney and seconded by Bruce Bond and carried as follows: Kevin Garvey, Chairman, aye; Bruce Bond, Vice Chairman, aye; William Young, absent; Robert Dell, aye; Stephen Sweeney, aye; Michael Mandel, aye and Thomas Warren, abstain; 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 Preliminary  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. Stormwater Management Phase 11 Regulations: Additional certification, by an appropriate licensed or certified design professional shall be required for all matters before the Planning Board indicating that the drawings and project are in compliance with the Stormwater Management Phase II Regulations.

 

3. The southern and easterly side of the project site shall be enhanced with additional evergreen plantings.

 

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PB #15-40: Brightview  Senior Living  Lake Tappan Plan: Preliminary  Site

Plan Approval  Subject to Conditions/  Neg. Dec.

Town of Orangetown  Planning  Board Decision

 

September 9, 2015

Page 7 of 20

 

4. The proposed use, “Institutions for the Aged” requires a special permit from the Town of Orangetown Zoning Board of Appeals.

 

5. Under the Special Permit requirements, “No building is located within 300 feet from any lot line”, and the proposed building is 67 feet from the front lot line, 46 feet from the side lot line and 24 feet from the rear lot line. A variance needs to be sought from the Town of Orangetown Zoning Board of Appeals.

 

6. The Maximum Floor Area Ratio allowed is 0.1 O and 0.67 is proposed. A variance needs to be sought from the Town of Orangetown Zoning Board of Appeals.

 

7. Please be advised before any Special Permit is granted, the applicant must secure approval of the proposed drainage structure the Town of Orangetown Town Engineer or the Consulting Engineer for the Town of Orangetown.

 

8. The parking required for this use falls under R-80, column 6, item 6 and requires 1 parking space for each is, plus 1   space per 25 square feet of outpatient area, if applicable.  Please provide the required parking spaces in the Bulk Table. A variance may need to be sought from the Town of Orangetown Zoning Board of Appeals.

 

9. For institutions in the R-80 zoning district, the Zoning Board of Appeals may permit 1 sign not over 20 square feet in area, which may be illuminated and is located 25 feet from any lot line.  Please provide the size of the proposed sign along Hunt Road. A variance needs to be sought from Town of Orangetown Zoning Board of Appeals for Zero Yard Setback, since the proposed sign is within the road right-of-way. Approval from the Town of Orangetown Highway Department is also required for the proposed sign location.

 

10. The proposed project shall be reviewed and approved by United Water, Inc.

 

11. The lowest floor elevation for the proposed building shall be provided on the

Site Plan.

 

12. The maximum slope of the driveway is 10%. Please label the driveway’s maximum slope on the Site Plan.

 

13. The plans shall be reviewed by the Town of Orangetown Architecture and

Community Appearance Board of Review.

 

14. The Planning Board requests that the applicant provide a Traffic Study for review.

 

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15. The Full Environmental Assessment Form appears to be in order.

 

16. Sanitary calculations for the proposed site, prepared and sealed by a New York State Licensed Professional Engineers, shall be submitted to DEME for review and approval.

 

17. The supplied SWPPP and related drainage calculations are currently review by DEME. A review of same will be sent to the applicant’s engineer under separate cover. However, the total area of disturbance shall be listed in the SWPPP and on the drawings. Also, the stormwater design shall up the 24 hour rainfall amounts listed in the NYS Stormwater Management Design Manual (for

example 1 OOyr  24hr = 9.2 –  9.4 inches not 8.91).

 

18. The designed infiltration systems appear to have no overflow exhaust piping. The drawing will be modified to show overflow piping for the proposed infiltration systems. If overflow piping is not being implemented for this design, the applicant’s engineer shall explain in the SWPPP and show by calculation what is to happen if the system(s) are to overflow (where will the overflow go, what will be the rate and volume of any overflows, etc.)

 

19. There are no drainage facilities shown along the proposed main entrance to the site from Hunt Road. Drainage facilities must be added along the main entrance as well as at the intersection with Hunt Road. The runoff this system collects must be collected and treated and be accounted for in the SWPPP.

 

20. The side slopes along the proposed main entrance are quite steep, appearing to be 2:1 on either side of the road. The applicant’s engineer shall describe and depict on the drawings how these slopes are to be maintained during and after construction. It is critical that these slopes be stabilized during construction so as to minimize erosion.

 

21. The preliminary grading plan appears to show regrading right up to the property lines in a few locations, this is unacceptable. Regrading shall stop before any property lines.

 

22. The Limit of Disturbance shall be more clearly defined on the Soil Erosion and Sediment Control Plan.

 

23. Drawing PSP 5 shows a small section of the proposed sanitary main which just stops and has a note that states, “connect to existing sanitary sewer.” The entire proposed sanitary sewer main beginning at SMH #1 to its final “tie in” to the existing main shall be shown on the drawings.

 

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24. If the proposed sanitary sewer main is to be given to the Town of Orangetown for maintenance purposes, a 20 foot wide easement over the main, as well as an access easement, shall be depicted on the drawings. The

applicant shall show legal to DEME, the Town Attorney’s Office and the Planning Board, to obtain access/maintenance of the easements in all of the private properties that the main will be located on and the ability to transfer to the Town of Orangetown. Said easement(s) hall be submitted to DEME and the Town

Attorney’s Office for review and approval.

 

25. The applicant’s engineer shall determine if any of the adjacent properties along the route of the proposed sanitary sewer main are currently connected to the Town’s sanitary sewer system. If not, house connection spurs shall be installed along the main for all properties along the new sanitary main layout, for future connections for those properties.

 

 

26. Profiles for the roads, sanitary and storm sewer lines shall be provided with the plans.

 

27. Any work/ improvements to the existing 20 foot wide strip of land, located to the east of the American Legion property labeled as “N/F Nagy – PSP2), whether for the installation of the proposed sanitary sewer main, water main, etc., and/ or improvement to the road, will need to be included in the SWPPP (area of disturbance) and also may require drainage improvements along said access road.

 

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

 

29. The sentence in Note #2 on the Manhole A & B details, drawing PSP 9, which reads “The covers shall have vent holes”, shall be removed. Also, the references to a manhole cover in these details shall be revised to state that the manhole cover shall be a Campbell Foundry Type 1012 B or equal (not an

11078.) The Manhole frame cover with cover details, including Town name and date, shall be included on the drawings.

 

30. The applicant is advised that the Town of Orangetown has a new F.0.G. (Fat, Oil and Grease) program, which must be complied. The applicant shall contact the Town’s F.O.G. Coordinator to determine how this criteria will be applicable for this application.

 

 

 

 

 

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31. The applicant is advised that because the facility  is to have a functioning/ commercial  kitchen to serve the residents,  an appropriately  sized grease trap will be required.

 

32. The proposed retaining walls along the main entrance  road –  drawing  PSP

#3, indicate  retaining walls and fencing  by others.   The design  of these walls and safety fencing  needs to be a part of this application.   The applicant  shall supply said information  for review and approval.

 

33. The soil and sediment control plans and details  are under review by DEME.

 

 

34. All existing easements and dedications  shall be shown on the plan, including page and liber or instrument  number  and ownership.

 

35. 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 proposed  site plan,  shall  be supplied  to the  Planning  Board  and  DEME,  prior to signing the map.

 

36. The Drainage Consultant to the Planning  Board,  Brooker  Engineering reviewed the application  and found that the application  has provided  support information  to demonstrate  mitigation  of increases  to peak stormwater  runoff rates can be achieved  and therefore  recommends  that the Brightview  Senior Living Site Plan be approved  for drainage  subject to the following  comments:

 

This is the first drainage  review report to the Planning  Board for this project. The project is for two separate  applications;  one for the American  Legion parking improvements  and one for the Brightview  Senior  Housing  project. With respect to drainage,  the two applications  are potentially  distinct  in terms of constructability; however,  since the drainage  report and site plans were prepared  in a combined manner the Drainage  Consultant  has prepared  its drainage  review response  in a combined  manner.

 

The Brightview  development   is located on a ridge southwest  of the intersection  of Hunt Road and Orangeburg  Road and the majority  of stormwater  runoff from the site flows northwest  toward  Lake Tappan.  There  is a large well-draining  natural depression  along the ridge that, when combined  with the dense woods  and

ground  cover, results in nominal surface  runoff from the site under existing conditions.  The drainage  report models this low surface  runoff under existing conditions  in a suitable  manner which  results in a conservative  drainage  design.

 

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PB #15-40: Brightview  Senior Living  Lake Tappan Plan: Preliminary  Site

Plan Approval  Subject to Conditions/  Neg. Dec.

Town of Orangetown  Planning  Board Decision

 

September 9, 2015

Page 11of20

 

Continuation  of Condition  #36 …

 

 

 

Five different drainage design points of interest are analyzed with respect to potential impacts for drainage. Three of these design points utilize stormwater infiltration to provide no surface water runoff under proposed conditions. An overall net decrease in peak flow rates from the property are demonstrated by the stormwater management report.

 

 

Project    Comments

1. While the overall site shows a reduction in peak runoff rates, Design Points 1 and 2 show a modest increase in peak runoff rates. The capacity of the downstream areas receiving this stormwater runoff shall demonstrate that an increase in peak runoff rates at these locations will not have any negative impact. Alternately, it appears that drainage subarea PDA-5 (which is a portion of the access road to the American Legion Field) can be easily diverted to the infiltration basin and the drainage area at this location can be reduced for proposed conditions.
2. The infiltration basins infiltrate the entire design storm. Peak stage in each basin shall be verified to ensure that no catch basins that feed the system are surcharged. It is recommended that an overflow area for each infiltration basin be identified and incorporated into the drainage design in the event the system is clogged.
3. Plan views of each of the infiltration basins shall be included in the detail sheet.
4. The drainage report shall demonstrate that the storm drainage system has the capacity to convey the peak flows to the infiltration basins.
5. The Site Plans shall note if the proposed building is slab on grade or if a

basement is proposed. If a basement is proposed, the footing drain shall be added to the Site Plan.

6. Additional detail is needed for the access road to Hunt Road. The design calls for a cross slope to the north to direct runoff to a grassy swale north

of the new road. A section shall be provided through this area, including the cross slope and grassy swale dimensions. The intent and function of this swale needs to be shown more clearly on the plan to ensure proper construction and avoid runoff from the road bypassing the swale and entering Hunt Road.

7. The catch basins shall use hoods over the outlet pipes prior to entering the underground infiltration basins.
8. Additional soil percolation tests shall be performed at the locations of the

infiltration basins.

9. Additional detail is needed along the south side of the proposed parking lot at the American Legion Fields; the drainage report shows runoff from this parking expansion to be directed to the new storm drainage system. No curbs are proposed in this area and it appears that some areas of the new parking lot will bypass the storm drainage system. It also appears that stormwater runoff may be directed to the wood frame building with a FFE

of 84.37; additional grading shall be provided in this area.

 

 

 

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

 

1. The comments  and conditions  in the two July  15, 2015  letters (Brightview Senior Living   Lake  Tappan   and   American    Legion   Parking)   from   the County  of Rockland  Department  of Highway  must  be met. A work  permit must be obtained  prior to any construction  work is done on site.

 

2. A review shall be done by the Rockland County Department  of Public Transportation           to determine  that there  is sufficient  maneuverability   on site for  them  to  pick-up  or  discharge   residents   who  might  want  to  use  the service. In addition,   a  minimum   height  of  11   feet  of  must  be  provided under  the  portico  to  ensure  that  there  is sufficient   height  for  the  TRIPS buses to serve the facility.

 

3. The comments   in the  June  22,  2015  letters  from  the  Rockland  county

Department  of Health  must be met (Brightview  Senior  Living Lake Tappan

& American  Legion  Parking).

 

 

4. Water is a scarce  resource  in Rockland  County; thus proper planning  and phasing  of this project are critical to supplying  the current  and future residents  of the Villages,  Towns,  and County with an adequate  supply of water.        In any public water  supply improvements  are required;  engineering plans and specification  or these  improvement  shall be reviewed  and approved  by the Rockland  County  Department  of Health prior to construction  in order to ensure  compliance  with Article  11, Drinking Water Supplies  of the Rockland  County  Sanitary  Code and Part 5 of the New York State Sanitary  Code.

 

5. For  installation    of   a  sanitary   sewer   system,    engineering    plans   and specifications    shall  be  reviewed  and  approved   by  the  Rockland  County Department  of Health prior to construction.

 

6. The fire zones must be clearly  marked  on the Site Plan.  Access  to the fire zones  shall be unimpeded  by other  parking  areas  and maneuverability   on the site feasible.

 

7. The fire department connections  shall be designated  on the Site  Plan and kept clear for easy access  by the emergency  response  vehicles.

 

8. A review must  be completed  by the  local fire department   and the  County of Rockland  Office of Fire and Emergency  Services  to ensure that there  is sufficient  maneuverability   on-site for emergency  vehicles.

 

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Continuation    of Condition   #37 •..

 

 

 

 

9. Plans  illustrating  turning  movements  for fire  apparatus  must  be provided.

It must be demonstrated  that there  is sufficient  maneuverability   on site.

 

10. Parking calculations  must  be  provided  on  the  Site  Plan.    Based  on  the minimum  off-street  parking  requirement  of one spaced  needed for each is, plus one  space  per 250  square  feet  of outpatient  area,  it seems  that  the

92  spaces  proposed   is deficient.    It must  also  be determined   if the  four handicapped  parking spaces  are sufficient  to serve this complex.

 

11. As required in Section  6.52,  any  part  of any  off-street  parking  area  with five  or more  spaces  and  any  loading  berth  located  in or within  50 feet  of any R district  or R district  use shall  have a screen  between  the same and all  lots  within  such  R district,   including  those,   if  any,  located  across  a residential   street.    The  Planning   Board  must  determine   if the  proposed landscaping  is sufficient  to provide this screening.

 

12. Areas dedicated for snow  piles must be clearly  delineated  on the site plan so that the plow drives  will know where  to place the snow piles.   This will help  to  protect  the  landscaping,   located  throughout   the  site,  from  being broken  from the weight  of the snow  and from  causing  salt intrusion  to the plant.          This  is particularly   important   if there  is an  inadequate   amount  of parking  proposed  for the use.

 

13. Currently tax parcel 73.15-1-1  gets its access  by the driveway  serving  the ball fields  from  Hunt Road.   It is not clear if the  unpaved  driveway  serving this  parcel  will  still  have access  form  the  proposed  cul-de-sac.    To avoid land locking this parcel, a driveway  access  must still be available  from the proposed  paved cul-de-sac.

 

14. The proposed monument   sign  is shown  to  be  located  within  the  right  of way  of the  road,  and  not on the  applicant’s   property.    The  sign  must  be relocated  so that it is located  completely  on site.  In addition,  the sign must meet  all of the Town  of Orangetown’s   standards  for  signs,  including  sign area,   setbacks,   height,   etc.     Details   must   be  provided   regarding   the proposed  sign.

 

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PB #15-40:  Brightview    Senior   Living   Lake  Tappan  Plan:  Preliminary    Site

Plan Approval   Subject   to Conditions/    Neg. Dec. Town  of Orangetown    Planning   Board  Decision

 

September   9, 2015

Page  14 of 20

 

 

Continuation    of Condition   #37 …

 

 

 

15. Backup generators  should  be  provided  for  the  proposed   long-term  care facility  so that in the event of power outages  due to storm related  incidents or other  events,  the  residents  will still have  electricity.    The  location(s)  of where the generators  will be located  must be designed  on the site plan.

 

16. The plantings on the landscaping plan must be labeled  so that the specific types of species  proposed  can be determined.    Evergreen  shrubs  must be planted  along  the  parking  spaces  facing  the  ball  fields  on  the  adjacent property  as well,  to eliminate  headlights  of parked  cars from  shining  into the ball fields during  plat time at nights.

 

17.A  lighting  plan  must  be provided  that  shows  fields  of illumination.    Since the  proposal  is closer  than  the  required  300  feet  to  a  residential  use,  it must be demonstrated   that  no glare  of lights will shine  into or towards  the contiguous residential   lots,  as  required   in  Section  6.52  of  the  Town  of Orangetown  Zoning  Ordinance.

 

18. The Table of Land Use on Drawing  No. SP-1  indicates  that the proposed front  yard  is 67  feet.    The  measurement   shown  on  Drawing  No.  PSP-3 shows that it is 68 feet.   The incorrect  measurement  must be corrected  on the plans.

 

19.A   separate   Site   Plan  must  be  provided   for  the  proposed   parking   lot extension  for tax parcel #73.15-1-2

 

20. 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.

 

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

 

PB #15-40:  Brightview    Senior  Living   Lake  Tappan   Plan:  Preliminary    Site

Plan Approval   Subject   to Conditions/    Neg. Dec. Town  of Orangetown    Planning   Board  Decision

 

September   9, 2015

Page  15 of 20

 

 

 

38, Rockland  County  Department  of Highways  reviewed  the plans and information  provided  and offered the following  remarks for consideration:

1. Access landing with a minimum  50 feet in length and having a maximum vertical  grade no greater than 2% shall be provided.
2. The access driveway has an average  10% grade.  The maximum preferred  slope shall be kept at 8%.
3. The available sight distance  on both side of access on Hunt Road shall be shown on the drawings.
4. Traffic impact study for this site and the American  Legion shite shall be prepared  and submitted  for review.  The cumulative  effect this project will have when combined  with other large scale development   project at the vicinity  of Hunt Road and Orangeburg  Road should  be discussed.
5. Rockland County  Department  of Highways  requires  a copy of the drainage

study with calculations  prepared  for this project be forwarded  for additional review.

6. Rockland County  Department  of Highways  is concerned  with the use of underground  detention  system  being employed  as means of controlling drainage  from the site.  Initially these  systems will perform  as designed; however  rigorous  maintenance  will be required to ensure  continued  proper operation.    As the system silts up over time, its effectiveness  diminishes and the run off will eventually  overflow  and run overland.   This is counterproductive        because  it impacts the areas it was designed  to protect. Some type of maintenance  program  needs to be developed  which

requires  landowners  to be held responsible  for the long term proper operation  and maintenance  of onsite drainage  systems.

7. It is recommended   bio-swales  to be provided  along the access  driveway  to enhance  water  infiltration  and surface  runoff.  Similarly,  some bio-retention system  should  be considered  at the site for better storm water

management.

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

 

39. Rockland County Department  of Health (RCDOH)  reviewed  the plans and offered the following  comments:

• Approval  by RCDOH will be needed for the sanitary  sewer system.

Downstream  sewer capacity  analysis  is to be included  in the submission.

• Application  is to be made to the RCDOH for a water main extension.   This

Application  is to be made through  United Water  New York.

• Application  is to be made to RCDOH for review of the Storm Water

Management  System for compliance  with the County  Mosquito  Code.

 

40. 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.

 

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PB #15-40: Brightview  Senior Living  Lake Tappan Plan: Preliminary  Site

Plan Approval  Subject to Conditions/  Neg. Dec. Town of Orangetown  Planning  Board Decision

 

September 9, 2015

Page 16 of 20

 

 

 

41. The Town of Orangetown Fire Prevention Bureau  (Bureau)  had the following comments:

 

 

• All roadways,  bridges,  etc.  must be capable  of supporting  at least

75,000  lbs.

• All roadways must accommodate   a turning  radius for a fire department aerial ladder with a wheel  base of 261 inches  minimum.
• The long driveway which  appears  to be in excess of 1350 feet must have a Turnaround  that is approved  by the Bureau for emergency  vehicles.
• All roadways with fire hydrants  must have a minimum  width of 26 feet; to accommodate   aerial apparatus.
• All areas other than the designated marked  parking spaces on the Site Plan, dated June 8, 2014, will be designed  as Fire Lanes and must be Signed  and Striped,  as required  by the Bureau.
• Private Fire Hydrants  are requested  in the area of the Main Entrance, Northeast  corner of the building  and by the entrance  to the rear service area.  Exact locations  to be determined.
• Clarify the type of construction  to be proposed  for the 3 story structure.
• Clarify the location  of the Sprinkler  Riser and Fire Department  Connection.
• Fire Department aerial ladder access  must be provided  as follows:   Front entrance  driveway  and along the entire east side of the building. At least one of the required  access  routes meeting these  criteria shall be located within a minimum  of 15 feet and a maximum  of 30 feet from the building. All access  roads must be 26 feet wide.
• No road shall exceed a 10% grade.
• Any dead ends in excess of 151 feet must be provided with a turnaround approved by the Bureau.
• Roadway  gates shall be approved  by the Bureau.
• Asphalt or maintained  grass crete shall be provided  in the rear of the building  at a minimum  width of 26 feet for emergency  access  only
• Prior to Final Site Plan Approval, an engineered  drawing  showing  all of the above conditions  shall be noted on 1   sheet and provided to the Bureau for review and approval.

 

42. The New York State Department of Environmental   Conservation  reviewed the plans and offered the following:

• The site is located within or near state listed species: Bald eagle, impact of project on wintering  Bald eagle should  be evaluated  during  review of

project pursuant  to SEQR

• SPDES  Stormwater  Permit is required
• Other permits  may be required for the project  now or in the future.

Applicant  should contact  NYSDEC.

 

 

 

 

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

Board assuming responsibilities of lead agency for SEQRA purposes:

– Town of Orangetown Zoning Board of Appeals

– Rockland County Department of Health

– Rockland County Sewer District No. 1

– Rockland County Department of Highways

– New York State Department of Environmental Conservation

 

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

Preparation of Site Plans prior to signing the final plans.

 

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

 

46. TREE PROTECTION: The following note shall be placed on the site plan: The Tree Protection and Preservation Guidelines adopted pursuant to Section

21-24 of the Land Development Regulations of the Town of Orangetown will be

implemented in order to protect and preserve both individual specimen trees and buffer area with many trees. Steps that will be taken to preserve and protect

existing trees to remain are as follows:

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

at a 5 to 1 O  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 trunk per inch DBH.

 

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

 

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

 

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

 

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

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

 

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47. 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.

 

48. 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.

 

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

 

50. 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).

 

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

 

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

 

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

 

54. 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 §21 A-4.

 

Override

The Board made a motion to override  the Disapproval  Narrative  on Page 1   of the July 21, 2015 letter from  Rockland  County  Department  of Planning,  signed  by Douglas J. Schuetz,  Acting  Commissioner   of Planning,  for the following  reasons:

 

Disapproval  Narrative  on Page 1: ‘We are not opposed  to the proposed  type of use for the site.  However,  the Town of Orangetown  Zoning  Ordinance  permits this use as a special permit use, and requires  specific  bulk standards,  particularly when  adjacent  to residential  zones.   Special  permit  uses, are by definition,

subject to a higher standard  of review than as-of-right  uses. The proposed  long

term care facility  requires  numerous  variances  in order to be constructed  as planned.   The floor area ratio permitted  is .10 yet, .67 is proposed;  resulting  in a proposal that is 570% over what  is allowed  in the zoning  ordinance.   In addition, the front, side and rear yards are all required  to be 300 feet, and only 67 feet, 46 feet, and 24 feet respectively  are being proposed.  The yard variances  range from being 78% to 92% deficient.   These  bulk variances  are significant  and indicate

that the proposal  is oversized  for the site, and not in keeping with the intent that the Town of Orangetown  had for this use.  The proposal  must be scaled back so that the extent of the variances  can be reduced.”

 

The Board held that although  the density  is greater than the acreage  allows, the proposed  use generates  very little traffic and should  not have an impact on the existing  roadway  system.   The Board also held that the site would  have landscaping  that would enhance  the site as well as mitigate the effect of the development  on the contiguous  neighborhood.   The Board noted that the applicant  revised the project plans reducing  its effect on the neighborhood.

 

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PB #15-40:   Brightview Senior  Living Lake Tappan  Plan:   Preliminary   Site

Plan Approval   Subject  to Conditions/    Neg.  Dec. Town of Orangetown   Planning  Board Decision

 

September   9,  2015

Page 20 of 20

 

 

 

A motion to override  the Disapproval  Narrative was made and moved by Michael  Mandel  and seconded by Bruce Bond and carried as follows:  Kevin Garvey, Chairman,   aye;  Bruce Bond,  Vice Chairman,  aye; William  Young, absent;  Robert Dell,  aye; Stephen Sweeney,  aye;  Michael Mandel,  aye and Thomas Warren,  abstain.

 

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

 

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.

 

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Dated:   September   9, 2015 (U   l11fl1   ·LA   ~                         r»: ~ Cheryl Coopersmtih \       /V~   ~‘&Y~

Chief Clerk Boards  and Commissions Town  of Orangetown   Planning  Board attachment

 

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NEGATIVE  DECLARATION

Notice  of Determination    of Non-Significance

Town  of Orangetown    Planning   Board  Decision

 

 

PB #15-40:  Brightview  Senior   Living   Lake Tappan   Plan:  Preliminary    Site

Plan  Approval   Subject   to Conditions

Town  of Orangetown    Planning   Board  Decision

September   9, 2015

 

 

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:  Brightview  Senior   Living   Lake  Tappan  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 31  Hunt Road, Pearl River, Town of Orangetown,  Rockland  County,  New York, and as shown on the Orangetown  Tax Map as Section  73.15, Block 1,  Lot 1 O;  in the R-80 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

 

 

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PB #15-41: American  Legion Site Plan (Ancillary  Parking):  Preliminary  Site

Plan Approval  Subject to Conditions/  Neg. Dec.

Town of Orangetown  Planning  Board Decision

 

September 9, 2015

Page 1of13

 

TO:

 

 

FROM:

Donald Brenner,  4 Independence  Avenue,  Tappan, New York 10983

Orangetown  Planning  Board

 

 

RE:                 American  Legion Parking Site Plan –  Ancillary  Parking  Facilities (Shelter  Development  LLC – Brightview  Senior  Living Tappan  Site Plan): The application  of Shelter  Development  LLC, applicant  for American  Legion  Post

#1199,  owner,  (Donald  Brenner,  attorney  for the owner), for Prepreliminary/ Preliminary  Site Plan Review, at a site to be known as “American  Legion Parking 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 61 Hunt Road, Pearl River, Town of Orangetown,  Rockland  County,  New York, and as shown on the Orangetown  Tax Map as Section  73.15,  Block 1, Lot 2; in the R-80 zoning district.

 

Heard by the Planning  Board of the Town of Orangetown  at a meeting  held Wednesday, July 22 and September 9, 2015, the Board made the following determinations:

 

July 22, 2015

Donald  Brenner,  Diego Villareale,  Erik Anderson  and Michael  Glynn appeared and testified.

 

The Board received the following  communications:

1. Project Review Committee Report dated July 15, 2015.
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, 2015.
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, 2015.
4. A letter from Rockland County  Department  of Planning from Arlene  Miller,

Principal  Planner, dated June 23, 2015.

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

Sonny  Lin, P.E., dated July 15, 2015.

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

Scott McKane,  P.E., Senior  Public Health Engineer,  dated June 18 & 22, 2015.

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

LaFiandra,  Engineer  II, dated June 26, 2015.

8. Letters from the New York State Department of Environmental  Conservation, Region 3, signed by Joseph  R. Murray,  Environmental  Analyst,  Division of Environmental   Permits, dated July 10, 2015.

 

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PB #15-41: American  Legion Site Plan (Ancillary  Parking):  Preliminary  Site

Plan Approval  Subject to Conditions/  Neg. Dec. Town of Orangetown  Planning  Board Decision

 

September 9, 2015

Page 2of13

 

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

Daniel Sullivan, Chairman, dated June 17, 2015.

10. A Short Environmental Assessment Form, signed by Donald Brenner, dated

June 17, 2015.

11. Site Plans prepared by JMC Site Development Consultants dated

June 8, 2015:

• PSP-1: Cover Sheet
• PSP-2: Site Existing Conditions Plan
• PSP-3: Preliminary Site Layout Plan
• PSP-4: Preliminary Site Grading Plan
• PSP-5: Preliminary Site Utility Plan
• PSP-6: Preliminary Site Plan Erosion and Sediment Control Plan
• PSP-7: Preliminary Site Landscaping Plan
• PSP-8: Construction Details
• PSP-9: Construction Details
• PSP-10: Construction Details
• PSP-11: Construction Details
• PSP-12: Construction Details
• PSP-13: Construction Details

The Board reviewed the plans. The hearing was then opened to the Public. Public Comment:

Dennis Scherer, 599 Orangeburg Road, Pearl River, requested information

regarding the type of sound barriers to be used between the ball fields and the proposed development. He requested that Blue Spruce trees be planted to buffer the sound. Mr. Scherer wanted to know the type of security to be used on site and who would be responsible for maintaining the new parking spaces.

 

Dominic Filippone, 86 South Reid Avenue, Pearl River, a member of the

American Legion, and past member of the Zoning Board of Appeals, held that the proposed development would take away the scenic look of the playing fields.  He

discussed the current parking situation in the area around the project site.

 

Joan Bourke, President of the Pearl River Little League, requested information regarding the type and size of the proposed buffers to be placed between the parking area and the development. She discussed parking availability in the area around the ball fields.

 

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PB #15-41: American  Legion Site Plan {Ancillary  Parking}:  Preliminary  Site

Plan Approval  Subject to Conditions/  Neg. Dec.

Town of Orangetown  Planning  Board Decision

 

September 9, 2015

Page 3of13

 

 

 

Kira Burch, 73 and 67 Hunt Road, Pearl River, requested some type of barrier between the development and the neighborhood. She raised concerns regarding the impact of the development on water in the area, since all of the houses have septic tanks and wells.  Ms Burch wanted to know if Corwick Realty had plans to develop its other property holdings in the area.

 

Bill Hurgudh, 49 Hunt Road, Pearl River, commented that he noticed that people park on Veterans Memorial Field and not on the site proposed for parking. Parking on the proposed roadway will create a bottle neck on the road and requested information regarding the parcel dimensions of the land. Mr. Hurgudh requested that a traffic study be completed for the site and a traffic signal be installed to control traffic.

 

Grace Meyer, 49 Hunt Road, Pearl River, noted that there is existing traffic on Hunt Road and with the construction of additional parking spaces, traffic will increase.

The applicant  requested a CONTINUATION. September 9, 2015

Donald Brenner, Diego Villareale and Michael Glynn appeared and testified. The Board received the following communications:

 

1. Project Review Committee Report dated September 2, 2015.
2. Interdepartmental memorandums from the Office of Building, Zoning, Planning

Administration and Enforcement, Town of Orangetown, signed by

John Giardiello, P.E., Director, dated September 9 and July 22, 2015.

3. A letter from Brooker Engineering, signed by Kenneth DeGennaro, P .E., dated

September 8, 2015.

The Board reviewed the plans. The hearing was then open to the Public. Public Comment:

Kira Burch, 73 and 67 Hunt Road, Pearl River, raised concerns regarding traffic

along Hunt Road and continued privacy and green space in the area. She was concerned about the impact of the development on water in the area, since all of the houses have septic tanks and wells.  Ms Burch wanted to know who would be responsible for maintaining the roadway and if Corwick Realty had plans to develop its other property holdings in the area.

 

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PB #15-41: American  Legion Site Plan (Ancillary  Parking}:  Preliminary  Site

Plan Approval  Subject to Conditions/  Neg. Dec. Town of Orangetown  Planning  Board Decision

 

September 9, 2015

Page 4of13

 

 

 

Grace Meyer, 49 Hunt Road, Pearl River, opposed  the development  stating that

it was too large for the site. She requested  that the applicant  look into placing the project on the Rockland  Psych property.  Ms Meyer requested  information regarding  Chillers  on the project site.

 

Dennis Scherer,  599 Orangeburg  Road, Pearl River, requested  information regarding  the use of sound barriers on the American  Legion site. He also questioned  the cost of the water  collection  system  and who would  be responsible for maintaining  the system.

 

Cathleen  Neder, 37 Hunt, Pearl River, expressed  concerns  regarding  the proposed  entrances  to the project  site.

 

Joan Bourke,  President  of the Pearl River Little League,  stated that it is the intention  of the Pearl River Little League to make the roadway  safe.

 

Dominic  Filippone,  86 South  Reid Avenue,  Pearl River, a member  of the American  Legion, and past member  of the Zoning  Board of Appeals,  noted that people currently  park in various  location  around the project site.

The Board reviewed the plans.  The hearing was then open· to the Public. A motion was made to close the Public Hearing  portion of the meeting  by

Bruce Bond and seconded  by Stephen  Sweeney  and carried as follows:

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

 

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 Stephen  Sweeney  and seconded  by Bruce Bond and carried as follows:  Kevin Garvey,  Chairman,  aye; Bruce Bond, Vice Chairman, aye; William  Young,  absent;  Robert  Dell, aye; Stephen  Sweeney,  aye; Michael Mandel,  aye and Thomas  Warren,  abstain,  the Board declared  itself Lead Agency.

 

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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 JMC Site Development Consultants, 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 Highways, Rockland County Department of Health, Rockland County Sewer District No.1, New York State Department of Environmental Conservation, and having reviewed a proposed

Site Plan prepared by JMC, 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 Bruce Bond and seconded  by Stephen  Sweeney  and carried  as follows:  Kevin Garvey,  Chairman,  aye; Bruce Bond, Vice Chairman,  aye; William Young,  absent;  Robert Dell, aye; Stephen  Sweeney,  aye; Michael  Mandel, aye and Thomas  Warren,  abstain; 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 Preliminary  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. Stormwater Management Phase II  Regulations:  Additional  certification,  by an appropriate  licensed or certified  design  professional  shall be required for all matters  before the Planning  Board indicating  that the drawings  and project are in compliance  with the Stormwater  Management  Phase  II  Regulations.

 

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PB #15-41: American  Legion Site Plan (Ancillary  Parking}:  Preliminary  Site

Plan Approval  Subject to Conditions/  Neg. Dec. Town of Orangetown  Planning  Board Decision

 

September 9, 2015

Page 7of13

 

 

 

3. The applicant shall submit a separate Site Plan for this application. It is suggested that perhaps drawings similar to drawings PSP 3 -PSP 7 of the Brightview Senior Living application, depicting the existing and proposed conditions of this specific section of the American Legion Site be supplied for this Site Plan application.

 

4. The applicant shall submit a separate Site Plan for the American Legion

Parking Site before applying back to any Land Use Board for review.

 

5. The requested drawings shall depict the current amount of available parking for this site.

 

6. The driveway shall be built to a minimum thickness of the Town of Orangetown

Rural Road Standards.

 

7. The driveway shall contain “Pull Offs” on each side of the drive enabling cars to safely pass each other.

 

8. Provide handicap parking spaces on the Site Plan for the ancillary parking facility.

 

9. Clarify if any lighting will be provided for the ancillary parking facility.

 

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

 

11. It is understood that the SWPPP/ drainage design is being supplied through “Brightview” application. However, the applicant’s engineer is advised that required owners certification forms that are part of the SWPPP will be needed from the owner of the site and the Brightview site.

 

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

 

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PB #15-41: American  Legion Site Plan (Ancillary  Parking):  Preliminary  Site

Plan Approval  Subject to Conditions/  Neg. Dec. Town of Orangetown  Planning  Board Decision

 

September 9, 2015

Page 8of13

 

 

 

13. Drawing PSP 5 of the Brightview application shows a small section of the proposed sanitary main which just stops and has a note that states, “connect to existing sanitary sewer.” The entire proposed sanitary sewer main (from beginning – SMH #1 to its final “tie in” to the existing main) shall be shown on the drawings.

 

14. If the proposed sanitary sewer main is to be given to the Town of Orangetown for maintenance purposes, a 20 foot wide easement over the main, as well as an access easement, shall be depicted on the drawings. The applicant will show legal ability to DEME, the Town Attorney’s Office and the Planning Board to obtain access/ maintenance easements in all of the private properties that the main will be located on and ability to transfer to the Town. Said easement(s) will be submitted to DEME and the Town Attorney’s for review and approval.

 

15. The applicant’s engineer will determine if any of the adjacent properties along the route of the proposed sanitary sewer main are currently connected to the Towns sanitary sewer system. If not, house connection spurs shall be installed along the main for all properties along the new sanitary mains layout for future connection for those properties.

 

16. A profile for the new sanitary sewer main shall be provided with the drawings.

 

17. Any work/ improvements to the existing 20 feet wide strip of land located to the east of the American Legion property, labeled as “N/F Nagey – PSP2”, whether for the installation of the proposed sanitary sewer main, water main, etc. and /or improvement to the road itself, will need to be included in the SWPPP (area of disturbance) and also may require drainage improvements along said access road.

 

18. The Drainage Consultant to the Planning Board, Brooker Engineering reviewed the application and found that the application has provided support information to demonstrate mitigation of increases to peak stormwater runoff rates can be achieved and therefore recommends that the Brightview Senior Living Site Plan be approved for drainage subject to the following comments:

 

This is the first drainage review report to the Planning Board for this project. The project is for two separate applications; one for the American Legion parking improvements and one for the Brightview Senior Housing project. With respect to drainage, the two applications are potentially distinct in terms of constructability; however, since the drainage report and site plans were prepared in a combined manner the Drainage Consultant has prepared its drainage review response in a combined manner.

 

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PB #15-41: American  Legion Site Plan (Ancillary  Parking):  Preliminary  Site

Plan Approval  Subject to Conditions/  Neg. Dec. Town of Orangetown  Planning  Board Decision

 

September 9, 2015

Page 9of13

 

Continuation  of Condition  #18 …

 

 

 

The Brightview development is located on a ridge southwest of the intersection of Hunt Road and Orangeburg Road and the majority of stormwater runoff from the site flows northwest toward Lake Tappan. There is a large well-draining natural depression along the ridge that, when combined with the dense woods and ground cover, results in nominal surface runoff from the site under existing conditions. The drainage report models this low surface runoff under existing conditions in a suitable manner which results in a conservative drainage design.

 

Five different drainage design points of interest are analyzed with respect to potential impacts for drainage. Three of these design points utilize stormwater infiltration to provide no surface water runoff under proposed conditions. An overall net decrease in peak flow rates from the property are demonstrated by the stormwater management report.

 

 

Project   Comments

1. While the overall site shows a reduction in peak runoff rates, Design Points 1 and 2 show a modest increase in peak runoff rates. The capacity of the downstream areas receiving this stormwater runoff shall demonstrate that an increase in peak runoff rates at these locations

will not have any negative impact. Alternately, it appears that drainage subarea PDA-5 (which is a portion of the access road to the American Legion Field) can be easily diverted to the infiltration basin and the drainage area at this location can be reduced for proposed conditions.

2. The infiltration basins infiltrate the entire design storm. Peak stage in each basin shall be verified to ensure that no catch basins that feed the system are surcharged. It is recommended that an overflow area for each infiltration basin be identified and incorporated into the drainage design in the event the system is clogged.
3. Plan views of each of the infiltration basins shall be included in the detail sheet.
4. The drainage report shall demonstrate that the storm drainage system has the capacity to convey the peak flows to the infiltration basins.
5. The Site Plans shall note if the proposed building is slab on grade or if a basement is proposed. If a basement is proposed, the footing drain shall be added to the Site Plan.
6. Additional detail is needed for the access road to Hunt Road. The design calls for a cross slope to the north to direct runoff to a grassy swale north of the new road. A section shall be provided through this area, including the cross slope and grassy swale dimensions. The

intent and function of this swale needs to be shown more clearly on the plan to ensure proper construction and avoid runoff from the road bypassing the swale and entering Hunt Road.

 

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PB #15-41: American  Legion Site Plan (Ancillary  Parking):  Preliminary  Site

Plan Approval  Subject to Conditions/  Neg. Dec.

Town of Orangetown  Planning  Board Decision

 

September 9, 2015

Page 10of13

 

Continuation  of Condition  #18 …

 

 

 

7. The catch basins shall use hoods over the outlet pipes prior to entering the underground infiltration basins.
8. Additional soil percolation tests shall be performed at the locations of the infiltration basins.
9. Additional detail is needed along the south side of the proposed parking lot at the American Legion Fields; the drainage report shows

runoff from this parking expansion to be directed to the new storm

drainage system. No curbs are proposed in this area and it appears that some areas of the new parking lot will bypass the storm drainage

system. It also appears that stormwater runoff may be directed to the wood frame building with a FFE of 84.37; additional grading shall be provided in this area.

 

19. The Rockland County Department of Highways reviewed the plans and offered the following comments:

• A separate layout shall be prepared and attached to the Brightview application for consideration aside from what is shown. Details and Partial Plans could be cross-referenced. This project is considered as a separate entity with a project name of its own. The major considerations in

common with the Senior living project are the access driveway and the traffic impact.

• A Rockland County work permit is required for the proposed development and must be obtained prior to any construction on site.

 

20. Rockland County Department of Health (RCDOH) reviewed the plans and offered the following comment:

• Application is to be made to RCDOH for review of the Storm Water

Management System for compliance with the County Mosquito Code.

 

21. 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.

 

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

Board assuming responsibilities of lead agency for SEQRA purposes:

– Town of Orangetown Zoning Board of Appeals

– Rockland County Department of Health

– Rockland County Sewer District No. 1

– Rockland County Department of Highways

– New York State Department of Environmental Conservation

 

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

Preparation of Site Plans prior to signing the final plans.

 

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

 

 

 

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PB #15-41: American  Legion Site Plan (Ancillary  Parking):  Preliminary  Site

Plan Approval  Subject to Conditions/  Neg. Dec. Town of Orangetown  Planning  Board Decision

 

September 9, 2015

Page 11  of 13

 

 

 

25. TREE PROTECTION: The following note shall be placed on the site plan: The Tree Protection and Preservation Guidelines adopted pursuant to Section

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

existing trees to remain are as follows:

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

established by one of the following methods:

 

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

 

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

 

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

 

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

 

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

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

feet larger than the tree canopy.

 

26. 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 #15-41: American  Legion Site Plan (Ancillary  Parking}:  Preliminary  Site

Plan Approval  Subject to Conditions/  Neg. Dec. Town of Orangetown  Planning  Board Decision

 

September 9, 2015

Page 12of13

 

 

 

27. 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.

 

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

 

29. 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).

 

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

 

31. 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

 

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

 

 

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PB #15-41:  American  Legion Site Plan (Ancillary Parking):  Preliminary Site

Plan Approval   Subject   to Conditions/  Neg. Dec. Town  of Orangetown   Planning   Board  Decision

 

September   9, 2015

Page 13of13

 

 

 

33. 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 Stephen  Sweeny and seconded by Bruce Bond and carried as follows:  Kevin Garvey, Chairman,   aye; Bruce Bond,  Vice Chairman,   aye; William Young, absent; Robert Dell,  aye, Michael  Mandel,  aye, Stephen Sweeney, aye and Thomas Warren, abstain.

 

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.

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Dated:   September   9, 2015            r ~  o L   (/   ~~{,Q-~          ~            –

Cheryl  Coopersmith                                                               ~Vlf

Chief  Clerk  Boards  and Commissions Town of Orangetown   Planning Board attachment

 

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NEGATIVE DECLARATION

Notice of Determination  of Non-Significance

 

PB #15-41: American  Legion Site Plan (Ancillary  Parking):  Preliminary  Site

Plan Approval  Subject to Conditions/  Neg. Dec. Town of Orangetown  Planning  Board Decision

 

September 9, 2015

 

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: American  Legion Site Plan -Parking  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 61 Hunt Road, Pearl River, Town of Orangetown, Rockland County, New York, and as shown on the Orangetown Tax Map as Section 73.15, Block 1, Lot 2; in the R-80 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

 

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