Meeting - Town Board Meeting February 10, 2015 (View All)
Date | Name | Group(s) | Type | Approved | File |
---|---|---|---|---|---|
02/10/2015 | Town Board Meeting February 10, 2015 | Town Board | Minutes | ||
02/10/2015 | Town Board Meeting February 10, 2015 Exhibits | Town Board | Exhibits |
Meeting Members
Meeting Overview
Scheduled: | 02/10/2015 7:30 PM |
Group(s): | Town Board |
Location: | Orangetown Town Hall |
TOWN OF ORANGETOWN
REGULAR TOWN BOARD MEETING
TUESDAY, FEBRUARY 10, 2015
This Town Board Meeting was opened at 7:30 p.m. Supervisor Stewart presided and the Deputy Clerk called the Roll. Present were:
Councilman Denis Troy
Councilman Thomas Diviny
Councilman Thomas Morr
Councilman Paul Valentine
Also present: Teresa Accetta-Pugh, Deputy Clerk
Geraldine Orlik, Deputy Clerk
John Edwards, Town Attorney
Teresa Kenny, Deputy Town Attorney
Jeff Bencik, Finance Director
Stephen Munno, Sr. Administrative Assistant
Joe Moran, Commissioner of DEME
Robert Simon, Receiver of Taxes
John Giardiello, Director of OBZPAE
Aric Gorton, Superintendent of Parks and Recreation
Mary Cardenas, Town Historian
Kevin Nulty, Police Chief
Esta Baitler led the Pledge of Allegiance to the Flag.
Summary of Public Comments (RTBM):
James K. Riley, Pearl River, said Anellotech’s smoke stack/vent pipe is not the issue; the usage of the facility is the issue. He urged the Town Board to revisit the zoning codes, establish an expert review community and establish a moratorium.
Mike Mandel, Pearl River, spoke about chargebacks and the Fashion Institute of Technology (FIT). He asked that a resolution, reclassifying FIT as a 4-yr college, be sent to the State Legislature. He is in favor of the resolution opposing O & R rate increases.
Helen Shaw, Pearl River, has concerns with rock salt killing white pine trees. She spoke about Shoprite dumping snow with rock salt and she wants the Town to put a stop to this snow dumping.
John Shaw, Pearl River, has asked the Building Code Enforcement, several times, to put a stop to Shoprite dumping snow on its residential lot. Now, he wants the Town Board to be involved.
Eileen Larkin, Palisades, agrees that the Town Codes need to be updated. She believes there is a conflict of interest with Anellotech and the ZBA. She is concerned about traffic exiting onto Oak Tree Road, from the proposed Walgreen’s site.
Nancy Caruso-Pressapino, Nanuet, is alarmed and disturbed at the way the Zoning Board dismissed the citizens’ concerns and ignored the additional unanswered question imposed by the DEC. They pushed to approve the expansion for Anellotech.
Cynthia Anselmo, Palisades, has concerns about the planting and control of invasive species of Bamboo. These plants travel from property to property and damage utility lines. She wants the Town to adopt an ordinance prohibiting Bamboo.
Amy Wertheim, Pearl River, spoke about Rockland County’s Emission Code and penalties for high emissions. Why is Anellotech not being held to the same emission codes and penalties. She questioned the emission numbers Anellotech provided
Jim Flynn, Nanuet and the nearest resident to Anellotech, said John J. Tormey III, Esq. and the Stop Anellotech Group emails and blogs are distasteful and inappropriate. Anellotech is a Research and Development site and not a manufacturing site.
Esta Baitler, Sparkill, thanked everyone for making sidewalks possible. She is in favor of CDBG funding for Dowling Gardens. She asked for LED street lights and for Rte 340 bus stop be plowed.
Lisa Sheridan, Pearl River, expressed her opinion of reappointing Robert Dell to the Planning Board. Mr. Dell’s experience as a Research Laboratory Director, a Professor in Green Engineering Research, and his dedication and familiarity with the community’s concerns make him a very qualified candidate.
Denise Schorn, Pearl River, is concerned with Triumvirate’s contract and report. There was no site visit and their focus was only on Benzene. The Zoning Board’s ruling on Anellotech was premature and based on erroneous information.
Scott Paness, Nanuet, believes the independent study on Anellotech’s cancer causing chemicals emissions was a sham. He would like Anellotech re-investigated to make sure the people of Orangetown and Clarkstown are safe.
Manny Larenas, Pearl River, said Orangetown is really special and the best place he has lived. The people of this Town have voted for the Town Board members to be their champions, to represent them and to protect them. Allowing Anellotech to proceed is a travesty. The Town Board needs to fight for the residents.
Heather Hurley, Pearl River, asked for the immediate replacement of the Zoning Board Chairman; for the Town Board to declare the Triumvirate report invalid; and for the current zoning laws to be updated.
RESOLUTION NO. 68 CLOSE PUBLIC COMMENTS
Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the public portion is hereby closed.
Ayes: Supervisor Stewart
Councilpersons Valentine, Troy, Diviny, Morr
Noes: None
***
RESOLUTION NO. 69 SCHEDULE PUBLIC HEARING AMEND TOWN CODE/DISORDERLY OFFENSES
Councilman Troy offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, a public hearing to consider adopting a Local Law to add a new Chapter 10C, entitled “Disorderly Offenses” to the Town Code is scheduled for Tuesday, March 10, 2015, 8:00 p.m.
Ayes: Councilpersons Troy, Morr, Diviny, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 70 OPEN PH/ORANGEBURG COMMONS MIXED USE EXPANSION SPECIAL PERMIT/AMENDMENTS TO EXISTING PERMIT / FB GREENBUSH, LLC AND FB ORANGETOWN, LLC
Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, the public hearing on the application of FB Greenbush, LLC, for a Mixed Use Expansion Special Permit pursuant to §§ 4.32 (P) of the Town Zoning Law, allowing the development of property located in the vicinity of the intersection of State Rte. 303 and the Palisades Interstate Parkway (Exit 5 Interchange) (Orangetown Tax Map designation 74.15-1-22) in the Town of Orangetown, and the related application of FB Orangetown, LLC for amendments to a previously granted and existing Special Permit for the immediately adjacent property (Orangetown Tax Map designation 74.15-1-21) is hereby opened.
Ayes: Supervisor Stewart
Councilpersons Diviny, Troy, Morr, Valentine
Noes: None
The Deputy Clerk presented the Affidavit of Publication & Mailings, and the Notices of Posting; copies are labeled Exhibit 02-A-15 and made a part of these minutes.
Summary of Public Comments:
Geraldine Tortorella, Attorney for the applicants, explained that this Special Permit would allow them to develop an adjacent .07 acre parcel. The proposed 2300 sq ft building (up to 12 tenants) will contain uses that will complement Orangeburg Commons, in a manner that integrates the two sites in function and design.
Mary Cardenas, Town Historian, said the Lent House is a great part of Orangetown history. The Lent House is located on the .97 acre site abutting Orangeburg Commons. A fundraiser committee (savelenthouse.org) exists to save this house and move it to the Dodge property. This house should be saved and moved, even if it causes a delay to this project.
Tom Graff, owner of the Lent House, informed the Town Board that the plans of moving the Lent are moving forward and this should be done by the end of April.
RESOLUTION NO. 71 CLOSE PH/ORANGEBURG COMMONS MIXED USE EXPANSION SPECIAL PERMIT/AMENDMENTS TO EXISTING PERMIT / FB GREENBUSH, LLC AND FB ORANGETOWN, LLC
Councilman Diviny offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, the public hearing on the application of FB Greenbush, LLC, for a Mixed Use Expansion Special Permit, and the application of FB Orangetown, LLC for related amendments to an existing permit is hereby closed.
Ayes: Councilpersons Diviny, Morr, Troy, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 72 LEAD AGENCY / ORANGEBURG COMMONS / MIXED USE EXPANSION SPECIAL PERMIT AMENDMENTS TO EXISTING PERMIT / FB GREENBUSH, LLC AND FB ORANGETOWN, LLC
Councilman Valentine offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
WHEREAS, FB GREENBUSH, LLC has petitioned the Town Board for a Mixed Use Expansion Special Permit, pursuant to §§ 4.32 (P) of the Town Zoning Law, allowing the development of property located in the vicinity of the intersection of State Rte. 303 and the Palisades Interstate Parkway (Exit 5 Interchange) (Orangetown Tax Map designation 74.15-1-22) in the Town of Orangetown, and FB ORANGETOWN, LLC, by the same Petition, has requested that related amendments be made to its previously grant and existing Special Permit for the immediately adjacent property (Orangetown Tax Map designation 74.15-1-21)(collectively, the “proposed action”); and
WHEREAS, by Resolution 561 of 2014, duly adopted the 9th day of December 2014, the Town Board, among other things, declared its intention to act as Lead Agency for the purpose of environmental review of the proposed action, and further directed that a coordination letter be circulated to all involved and interested agencies informing them of the Town Board’s intention and soliciting their response, if any, before the passage of 30-days; and
WHEREAS, more than 30 days have passed since the circulation of the said letter and no interested or involved agency has objected to the Town Board assuming the role of Lead Agency,
RESOLUTION NO. 72 – Continued
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Orangetown hereby declares itself to be Lead Agency for the coordinated environmental review of the proposed action.
Ayes: Councilpersons Valentine, Morr, Troy, Diviny
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 73 NEGATIVE DECLARATION ORANGEBURG COMMONS / MIXED-USE EXPANSION SPECIAL PERMIT AMENDMENTS TO EXISTING PERMIT / FB GREENBUSH, LLC AND FB ORANGETOWN, LLC
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
WHEREAS, by Resolution No. 561 of 2014, duly adopted December 9, 2014, the Town Board declared its intention to act as Lead Agency for environmental review in connection with its consideration and review of the joint application of FB Greenbush, LLC, pursuant to §§ 4.32 (P) of the Town Zoning Law, for a “Mixed-Use Expansion” Special Permit, permitting the development of a small lot (Orangetown Tax Map designation 74.15-1-22) adjoining a “Mixed-use” development as part of the larger unified project, and of FB Orangetown, LLC for related amendments to its existing Special Permit for the immediately adjacent property (Orangetown Tax Map designation 74.15-1-21) to include, among other things, signage for the mixed use expansion development; and
WHEREAS, by resolution of even date herewith, previously adopted, the Town Board declared its intention to act as Lead Agency with respect to the action; and,
WHEREAS, in furtherance of its obligations as Lead Agency, the Town Board has reviewed and considered the environmental concerns identified in the Full Environmental Assessment Form, and related documents, studies, drawings and outside agency comments filed and/or received in connection with the pending applications, more specifically:
- Letter application from Hocherman Tortorella & Wekstein, LLP, counsel for the applicants, dated November 24, 2014.
- Full Environmental Assessment Form (“FEAF”) prepared by Alfred T. Rossi, P.E., and its attachments consisting of: (a) an evaluation of the proposed action under the Town’s Comprehensive Plan (Exhibit A); (b) a summary of the drainage and sewer analysis performed by Leonard Jackson Associates, project engineer, dated November 21, 2014 (Exhibit B); (c) a traffic impact assessment prepared by Maser Consulting, P.C., dated July 8, 2014 (Exhibit C); and (d) a Fiscal Impact Analysis (Exhibit D).
- Letter of Authorization and Consent from Thomas B. Graff, owner of the Expansion Site.
- The following “Shops at Orangeburg Commons” plans and drawings showing the proposed improvements, the manner in which the two sites will be integrated, and the existing conditions on the Expansion Site:
(a) Title Sheet (Drawing No. 1), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(b) Layout “Part Plan” (Drawing No. 2A), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(c) Overall Site Plan (Drawing No. 2), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
RESOLUTION NO. 73 – Continued
(d) Grading, Drainage & Utility Part Plan (Drawing No. 3A), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(e) Overall Grading, Drainage & Utility Plan (Drawing No. 3), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(f) Erosion Control Plan (Drawing No. 4), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(g) Landscape Plan (Drawing No. 5), prepared by Langan Engineering & Environmental Services of Elmwood Park, New Jersey, dated November 20, 2014;
(h) Site Lighting Plan (Drawing No. 6), prepared by Langan Engineering & Environmental Services of Elmwood Park, New Jersey, dated November 20, 2014;
(i) Construction Details (1 of 3) (Drawing No. 7), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(j) Construction Details (2 of 3) (Drawing No. 8), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(k) Construction Details (3 of 3) (Drawing No. 9), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(l) Storm and Sanitary Profiles (Drawing No. 10), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(m) Typical Site Cap Sections (Drawing No. 11), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(n) Site Cap Plan (Drawing No. 12), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(o) Overall Map Orangeburg Commons (Drawing 1 of 2), prepared by Jay A. Greenwell, PLS, LLC, Suffern, New York, dated October 23, 2013, last revised November 5, 2014;
(p) Overall Map Orangeburg Commons (Drawing 2 of 2), prepared by Jay A. Greenwell, PLS, LLC, Suffern, New York, dated October 23, 2013, last revised November 5, 2014; and
(q) Architectural Elevation for the “Shops at Orangeburg Commons,” prepared by Murray Jay Miller Architecture, dated July 2014.
and,
WHEREAS, as part of reviewing and considering such potential environmental concerns, the Town Board also considered other relevant plans and information before it at the time it considered the amendments to the Town Zoning Law to create and establish the Mixed Use Expansion Special Permit, including the (a) Retail View Study of the Mixed Use Expansion Development, prepared by Langan Engineering & Environmental Services of Elmwood Park, New Jersey, dated July 2014; (ii) The Shops at Orangeburg Commons Retail Pylon Sign Plan, prepared by Allied Environmental Signage, last revised July 17, 2014; and (iii) the Revised Pylon Sign for Orangeburg Commons, prepared by Allied Environmental Signage, dated July 11, 2014, which were available during the instant proceeding; and
WHEREAS, the Town Board has further considered the proposed action in the light of its earlier Determinations of Non-Significance (and supporting documents, studies, testimony and comments) with respect to (i) the Mixed-Use Special Permit previously issued for the project approved and developed on the adjacent site, all as reflected in Town Board Resolutions 657 and 658 of 2006, as amended by Town Board Resolutions 66 and 92 of 2012, as well as (ii) the further information received, more recently, in connection with the Town Board’s amendments to the Town Zoning Law, which created and established the Mixed Use Expansion Special Permit, as reflected in Town Board Resolution Nos. 483 and 484 of 2014 duly adopted at a regular meeting held on October 21, 2014; and
WHEREAS, the Town Board has further considered the legislative history of the existing, and far more comprehensive Mixed-Use Development provisions of the Town Zoning Law (expressly incorporated herein by reference), together with the empirical evidence that now exists relating to, and, as a result of, mixed-use developments approved under such zoning provisions, including, but not limited to, post-construction and cumulative traffic and drainage data; and
RESOLUTION NO. 73 – Continued
WHEREAS, the Town board has carefully considered all of the public presentations including those on December 9, 2014, and at the Public Hearing on this date, February 10, 2015; and
WHEREAS, the members of the Board are each familiar with the location of the proposed action; and
WHEREAS, the Town Board has carefully considered all of the above, as well as the comments and concerns of the various agencies that have submitted same, and having taken a hard look at all of the potential environmental impacts that might result from the proposed action, the Town Board has concluded that there will be no significant environmental impacts or effects caused or occasioned by the approval of the requested special permit and other changes/amendments to the existing site development plan for the adjacent parcel (including with respect to signage) (subject to the review and approval of the Town Planning Board),
NOW, THEREFORE, BE IT RESOLVED, that the Town Board issues a Determination of Non-significance with respect to the referenced project, and authorizes the Town Supervisor, or his designated agent, to sign and circulate same, and to take such other and further steps as may be necessary to discharge the Town Board’s responsibilities as Lead Agency in accordance with the applicable provisions of law.
Ayes: Councilpersons Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 74 APPROVE MIXED USE EXPANSION SPECIAL PERMIT/FB GREENBUSH, LLC/74.15-1-21 / CHANGES TO EXISTING SPECIAL PERMIT FOR ADJACENT MIXED USE SITE/ ORANGEBURG COMMONS/FB ORANGETOWN, LLC/ SUBJECT TO PLANNING BOARD APPROVAL
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
WHEREAS, the Town Board of the Town of Orangetown (the “Town Board”) is the municipal entity, authorized under Chapter 43, § 4.32(O), (P) of the Town Zoning Ordinance to issue a Special Permit allowing mixed use and mixed use expansion developments at certain interchange locations in the Light Industrial (“LI”) zoning district in the Town of Orangetown; and
WHEREAS, by letter dated November 24, 2014, FB Greenbush, LLC, (with the written consent of the property owner), made application to the Town Board, pursuant to §§ 4.32 (P) of the Town Zoning Law, for a “Mixed-Use Expansion” Special Permit, permitting the development of a small lot (Orangetown Tax Map designation 74.15-1-22) adjoining an existing “Mixed-use” development, as part of a larger unified project, and the installation of signage, lighting and landscaping related thereto; and
WHEREAS, as a part of the same letter, FB Orangetown, LLC made application for related amendments to its existing Mixed Use Special Permit applicable to the immediately adjacent property (Orangetown Tax Map designation 74.15-1-21), in order to facilitate the use of both properties as part of a larger unified project and the development of signage for the mixed use expansion development; and
WHEREAS, on or about December 15, 2014, the Town Board circulated among all other involved and interested agencies notice of its intention to assume Lead Agency status for the purpose of the environmental review of the said application, and further circulated a request to the Rockland County Department of Planning, pursuant to General Municipal Law §§ 239-l & m,
RESOLUTION NO. 74 – Continued
the N.Y.S. Department of Transportation and the Palisades Interstate Park Commission, inviting their comments; and
WHEREAS, by letter dated January 22, 2015, the County Department of Planning responded, which response included certain conditions and/or comments (hereinafter addressed); and
WHEREAS, following notice duly given in accordance with the law, and there being no challenge or objection filed, by resolutions of even date herewith, but adopted prior to this resolution, the Town Board declared itself to be Lead Agency for the coordinated environmental review of the proposed action, declared the action to be an unlisted action and adopted a Determination of Non-significance with respect thereto; and
WHEREAS, the Town Board has considered the following plans, reports, comments and other documents:
- Letter application from Hocherman Tortorella & Wekstein, LLP, counsel for the applicants, dated November 24, 2014.
- Full Environmental Assessment Form (“FEAF”) prepared by Alfred T. Rossi, P.E., and its attachments consisting of: (a) an evaluation of the proposed action under the Town’s Comprehensive Plan (Exhibit A); (b) a summary of the drainage and sewer analysis performed by Leonard Jackson Associates, project engineer, dated November 21, 2014 (Exhibit B); (c) a traffic impact assessment prepared by Maser Consulting, P.C., dated July 8, 2014 (Exhibit C); and (d) a Fiscal Impact Analysis (Exhibit D).
- Letter of Authorization and Consent from Thomas B. Graff, owner of the Expansion Site.
- The following “Shops at Orangeburg Commons” plans and drawings showing the proposed improvements, the manner in which the two sites will be integrated, and the existing conditions on the Expansion Site:
(a) Title Sheet (Drawing No. 1), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(b) Layout “Part Plan” (Drawing No. 2A), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(c) Overall Site Plan (Drawing No. 2), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(d) Grading, Drainage & Utility Part Plan (Drawing No. 3A), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(e) Overall Grading, Drainage & Utility Plan (Drawing No. 3), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(f) Erosion Control Plan (Drawing No. 4), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(g) Landscape Plan (Drawing No. 5), prepared by Langan Engineering & Environmental Services of Elmwood Park, New Jersey, dated November 20, 2014;
(h) Site Lighting Plan (Drawing No. 6), prepared by Langan Engineering & Environmental Services of Elmwood Park, New Jersey, dated November 20, 2014;
(i) Construction Details (1 of 3) (Drawing No. 7), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(j) Construction Details (2 of 3) (Drawing No. 8), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(k) Construction Details (3 of 3) (Drawing No. 9), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
RESOLUTION NO. 74 – Continued
(l) Storm and Sanitary Profiles (Drawing No. 10), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(m) Typical Site Cap Sections (Drawing No. 11), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(n) Site Cap Plan (Drawing No. 12), prepared by Leonard Jackson Associates, Pomona, New York, dated November 20, 2014;
(o) Overall Map Orangeburg Commons (Drawing 1 of 2), prepared by Jay A. Greenwell, PLS, LLC, Suffern, New York, dated October 23, 2013, last revised November 5, 2014;
(p) Overall Map Orangeburg Commons (Drawing 2 of 2), prepared by Jay A. Greenwell, PLS, LLC, Suffern, New York, dated October 23, 2013, last revised November 5, 2014; and
(q) Architectural Elevation for the “Shops at Orangeburg Commons,” prepared by Murray Jay Miller Architecture, dated July 2014.
- Other relevant plans and information considered by the Town Board at the time it considered the amendments to the Town Zoning Law to create and establish the Mixed Use Expansion Special Permit, including the (a) Retail View Study of the Mixed Use Expansion Development, prepared by Langan Engineering & Environmental Services of Elmwood Park, New Jersey, dated July 2014; (ii) The Shops at Orangeburg Commons Retail Pylon Sign Plan, prepared by Allied Environmental Signage, last revised July 17, 2014; and (iii) the Revised Pylon Sign for Orangeburg Commons, prepared by Allied Environmental Signage, dated July 11, 2014;
and
WHEREAS, the Town Board has further considered the proposed action in the light of its earlier Determinations of Non-Significance (and supporting documents, studies, testimony and comments) with respect to (i) the Mixed-Use Special Permit previously issued for the project approved and developed on the adjacent site, all as reflected in Town Board Resolutions 657 and 658 of 2006, as amended by Town Board Resolutions 66 and 92 of 2012, as well as (ii) the further information received, more recently, in connection with the Town Board’s amendments to the Town Zoning Law, which created and established the Mixed Use Expansion Special Permit, as reflected in Town Board Resolution Nos. 483 and 484 of 2014 duly adopted at a regular meeting held on October 21, 2014; and
WHEREAS, the Town Board has further considered the legislative history of the existing, and far more comprehensive Mixed-Use Development provisions of the Town Zoning Law (expressly incorporated herein by reference), together with the empirical evidence that now exists relating to, and, as a result of, mixed-use developments approved under such zoning provisions, including, but not limited to, post-construction and cumulative traffic and drainage data; and
WHEREAS, the Town board has carefully considered all of the public presentations including those on December 9, 2014, and at the Public Hearing on this date, February 10, 2015, as well as the comments and concerns of those outside agencies which have provided same, including those of the Rockland County Department of Planning, addressed herein; and
WHEREAS, the members of the Board are each familiar with the location of the proposed action; and
NOW, THEREFORE, BE IT RESOLVED, that, (i) Pursuant to Chapter 43 of the Zoning Ordinance, § 4.32(P), and the related tables of General Use and Bulk and Area regulations in the Zoning Ordinance, the Town Board hereby approves and issues a Mixed Use Expansion Special Permit for the property bearing Tax Map Identification 74.15-1-22, allowing the development of the said parcel as part of the larger unified project with that developed on the immediately adjacent mixed use parcel bearing Tax Map Identification 74.15-1-21, in accordance with the plans and drawings hereinbefore enumerated (including with respect to signage), and otherwise in accordance with the applicable provisions of the Town Zoning Law, and further subject to site development plan approval by the Town Planning Board;
RESOLUTION NO. 74 – Continued
(ii) Pursuant to Chapter 43 of the Zoning Ordinance, § 4.32(O), and subject to further review and approval by the Town Planning Board, approves the requested amendments to the existing Special Permit for the immediately adjacent property (Orangetown Tax Map designation 74.15-1-21), all as part of a larger unified project;
(iii) Except as expressly modified by this approval and the related site specific action by the Town Planning Board, the approvals granted hereby shall not otherwise eliminate, affect or diminish the Findings and Conditions of any prior approval by this Board or by the Town Planning Board with respect to either of the two development sites affected hereby;
(iv) Any change in the uses proposed for either of the two sites affected hereby, now or in the future, shall require that the Applicant(s) or any successor in title or interest to the Applicant(s) return to the Town Board, at which time the Town shall determine whether the new use or uses is consistent with the single, integrated plan of the development approved by the issuance of this Amended Special Permit or Mixed Use Expansion Special Permit.
Additional Findings Made Pursuant to § 4.31 of the Town Zoning Ordinance
Pursuant to §§ 4.32(O)(xi) and (P)(xiii) of the Town Zoning Ordinance, on the basis of the information set forth in the joint Amended Special Permit and Mixed Use Expansion Special Permit Applications (referred to as the “Amended Project”) and the analyses, reviews and reports of the Town’s in-house and outside consulting professionals, the Town Board makes the following additional Findings under § 4.31 of the Town Zoning Ordinance:
(1) The Amended Project will continue to be appropriately located with respect to transportation, water supply, waste disposal, fire and police protection and other public facilities.
(2) The Amended Project will not cause undue traffic congestion or cause a traffic hazard.
- The Amended Project will not create, at any point of determination set forth in §§ 4.16, 4.17 or 4.18, any more dangerous and objectionable elements referred to in § 4.11 (fire, explosive, radioactive, noise, vibration, smoke, dust, odor or other form of air pollution, electrical or other disturbance, glare, liquid or solid refuse or waste, condition conducive to the breeding of rodents, insects or other substance, condition or element adversely affecting the surrounding area) than is characteristic of the uses expressly permitted as of right in the LI district.
(4) The Amended Project will not adversely affect the character of, or property values in, the area.
(5) The Amended Project will not otherwise impair the public health, safety, morals, convenience, comfort, prosperity and other aspects of the general welfare of the Town.
(6) The Amended Project will continue to comply with all other regulations applicable to the uses allowed and approved hereby.
The Rockland County Planning Department’s Comments and Conditions
The Town Board has received, and has considered, the General Municipal Law § 239 l, m and n review submitted by the Rockland County Department of Planning dated January 22, 2015. The Town Board has considered each of the County’s recommendations, conditions and/or concerns and addresses each in the following manner.
Ayes: Councilpersons Diviny, Valentine, Troy, Morr
Supervisor Stewart
Noes: None
***
RESOLUTION NO. 75 ORANGEBURG COMMONS /MIXED USE EXPANSION SPECIAL PERMIT AMENDMENTS EXISTING PERMIT FB GREENBUSH LLC / FB ORANGETOWN LLC / OVERIDE COMMENTS / PALISADES PARK COMMISSION / NYSDOT
Councilman Diviny offered the following, which was seconded by Councilman Troy and on a roll call was unanimously adopted:
County Comments 1 and 2, require that the Palisades Interstate Park Commission and the N.Y.S. Department of Transportation, respectively, review the applications and that their comments, if any, be addressed.
On or about December 15, 2014, the Town circulated the within applications to both of the PIPC and the N.Y.S. DOT. To date, there has been no response by either of the said agencies.
To the extent the County Planning Department’s GML review requires that the Town comply with comments or concerns not yet received, the Town Board as part of this determination expressly overrides the referenced conditions, with the further recommendation to the Town Planning Board that it should give thoughtful consideration to any such comments if received during the planning process.
Ayes: Councilpersons Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
***
RESOLUTION NO. 76 MIXED USE EXPANSION SPECIAL PERMIT /AMENDMENTS EXISTING PERMIT /FB GREENBUSH LLC / FB ORANGETOWN LLC / OVERIDE COMMENTS / ROCKLAND COUNTY
Councilman Troy offered the following, which was seconded by Valentine and on a roll call was unanimously adopted:
County Comment 3, requests clarification as to whether an “alternative” site plan is required under the enabling legislation for the “Mixed Use Expansion” site. The concept plan submitted is sufficient for Town Board review and approval.
To the extent the County Planning Department’s comment is not deemed sufficiently answered by the above response, the Town Board as part of this determination expressly overrides the referenced condition.
Ayes: Councilpersons Troy, Valentine, Diviny, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 77 MIXED USE EXPANSION SPECIAL PERMIT /AMENDMENTS EXISTING PERMIT /FB GREENBUSH LLC / FB ORANGETOWN LLC / OVERIDE COMMENTS / ROCKLAND COUNTY
Councilman Troy offered the following, which was seconded by Councilman Morr and on a roll call was unanimously adopted:
RESOLUTION NO. 77 – Continued
County Comments 4, 5 and 6, relates to access easements and signage dimensions, stating that such items should be shown on the plan and seek clarification regarding the applicability of certain sign size limitations.
The Town Board notes that signs with dimensions were presented during the Town Board’s consideration of the amendments to the Town Zoning Law to create and establish the Mixed Use Expansion Special Permit and its review of the instant application and the Town Board is satisfied that the size and amount of signage (for both the retail pylon sign for the mixed use expansion development and the expanded pylon sign, both on the Orangeburg Commons site) are appropriate for the Amended Project.
Easements between the mixed use expansion special permit and mixed use special permit sites to enable them to be developed and used as a unified whole were also discussed during the review of this application. The Town Board adopts so much of the County comments as state that information about easements and/or sign dimensions should be provided with the site development plan. Such easements and/or sign dimensions shall be reflected on the site development plan approved by the Town Planning Board in a manner acceptable to the Planning Board.
Finally, to the extent necessary to do so, the Town Board clarifies that the regulation on sign size in § 4.32(P)(viii)(b) of the Town Zoning Ordinance applies to the sign face not the sign structure.
Ayes: Councilpersons Troy, Morr, Diviny, Valentine
Supervisor Stewart
Noes: None
***
RESOLUTION NO. 78 REAPPOINT/COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY COMMITTEE
Councilman Morr offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the following members are hereby reappointed to the Community Development Block Grant Advisory Committee (CDBG), for a term of one-year beginning January 1, 2015 and expiring December 31, 2015:
Sr. Jude Miriam DePalma and Sr. Peggy Scarano.
Ayes: Councilpersons Morr, Valentine, Diviny, Troy
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 79 REAPPOINT/PROJECT REVIEW
COMMITTEE
Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the following members are hereby reappointed to the Project Review Committee for a term of one-year beginning January 1, 2015 and expiring December 31, 2015:
- John Giardiello, Director of OBZPAE as Chairman
- Mike Bettmann, Fire Prevention
- Bruce Peters, DEME
- Guy DeVincenzo, DEME
- Robert Magrino, Deputy Town Attorney
- James Dean, Superintendent of Highways
Ayes: Supervisor Stewart
Councilpersons Diviny, Troy, Morr, Valentine
Noes: None
* * *
RESOLUTION NO. 80 REAPPOINT/BLUE HILL GOLF
COURSE ADVISORY COMMITTEE
Councilman Valentine offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the following members are hereby reappointed to the Blue Hill Golf Course Advisory Committee for a term of one-year beginning January 1, 2015 and expiring December 31, 2015:
Lawrence Costello Sean Burke Sean Walsh Mike Hogan
Charis Bauer John Hickey Julia Regan Joseph Green
Evelyn Beckerle Dennis Leote Matt Reid
Ayes: Councilpersons Valentine, Diviny, Troy, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 81 APPOINT/NEW-MEMBERS/BRUCE
JENSEN/TOM LYNCH/BLUE HILL GOLF COURSE ADVISORY COMMITTEE
Councilman Troy offered the following resolution, which was seconded by Supervisor Stewart and was unanimously adopted:
RESOLVED, that the Town Board hereby appointed Bruce Jensen and Tom Lynch, to the Blue Hill Golf Course Advisory Committee, for a term of one-year beginning January 1, 2015 and expiring December 31, 2015.
Ayes: Councilperson Troy, Supervisor Stewart
Councilpersons Diviny, Morr, Valentine
Noes: None
* * *
RESOLUTION NO. 82 PERMISSION GRANTED/GFOA CONFERENCE/FINANCE DEPT
Councilman Morr offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that permission is granted to the following Orangetown employees, to attend the 36th NYS Government Finance Officers’ Association, Inc. Annual Conference in Albany, New York, March 24 – 27, 2015 at a cost of $3,486.00 for lodging, membership and conference fees: Jeff Bencik, Janice Ganley, Natalie Schutter, Stephanie Tassello.
Ayes: Councilpersons Morr, Diviny, Troy, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 83 APPROVE AID/LT. JOHN BELLEW 5K
Supervisor Stewart offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, upon the recommendation of the Superintendent of Highways and the Superintendent of Parks and Recreation, aid, by providing trash receptacles, barricades, and two (2) port-o-sans, for the Lt. John G. Bellew 5K Run/Walk on Saturday April 18th, 2015 is hereby approved.
Ayes: Supervisor Stewart
Councilpersons Troy, Diviny, Morr, Valentine
Noes: None
RESOLUTION NO. 84 APPROVE AID/ROCKLAND
COUNTY ST. PATRICK’S DAY
PARADE/ANCIENT ORDER OF HIBERNIANS
Councilman Diviny offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, upon the recommendation of the Superintendent of Highways, aid, by providing 85 trash receptacles, barricades, recycling kiosks, green paint along line of march, for the Rockland County St. Patrick’s Day Parade on Sunday, March 22, 2015 is hereby approved.
Ayes: Councilpersons Diviny, Morr, Troy, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 85 APPROVE/NYS CAPITAL
ASSISTANCE PROGRAM GRANT DISBURSEMENT AGREEMENT
Supervisor Stewart offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
WHEREAS, the Town of Orangetown has been selected to receive a New York State Capital Assistance Program grant in the amount of $150,000.00;
WHEREAS, the project for which the grant will be utilized is for Oak Tree Road, Palisades Curb and Sidewalk Construction;
WHEREAS, in order to receive the grant, the Town must enter into the Grant Disbursement Agreement;
NOW BE IT RESOLVED, that the Town Board APPROVES the New York State Capital Assistance Program Disbursement Agreement and authorizes Andy Stewart to execute three original versions of the Agreement.
Ayes: Supervisor Stewart
Councilpersons Morr, Troy, Diviny, Valentine
Noes: None
* * *
RESOLUTION NO. 86 APPROVE/SEWER WORK
2015/CERTIFICATE OF
REGISTRATION
Councilman Morr offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that upon the recommendation of the Town Attorney and the Commissioner of the Department of Environmental Management and Engineering, a Certificate of Registration for 2015 Sewer Work is approved to:
- American Minuteman Sewer & Dain, Inc., 307 S. Main St., New City, NY 10956
- Pearl River Plumbing Heating & Electric, 60-70 Dexter Plaza, Pearl River, NY 10965
- Coppola Services, Inc., 28 Executive Parkway, Ringwood, NJ 07656
- Michael Sasso Plumbing Corp., 23 Vista Dr., Nanuet, NY 10954
- Ross Brothers, Inc., 219 Railroad Ave., Northvale, NJ 07647
Ayes: Councilpersons Morr, Diviny, Troy, Valentine
Supervisor Stewart
Noes: None
RESOLUTION NO. 87 AWARD BID/GOLF CARTS BROADACRES GOLF COURSE
Supervisor Stewart offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
WHEREAS, the Superintendent of Parks and Recreation duly advertised for sealed bids for Golf Carts at the Broadacres Golf Course, which were received and publicly opened on December 31, 2014; a copy of the Affidavit of Publication, Notice of Posting and Bid Sheet is labeled Exhibit 02-B-15, and made a part of these minutes. Now, Therefore, Be It
RESOLVED, that this bid is hereby awarded to EZ Go Golf, New York, New York for golf carts at Broadacres Golf Course for four (4) years, at an annual cost of $27,570.24.
Ayes: Supervisor Stewart
Councilpersons Valentine, Troy, Diviny, Morr
Noes: None
* * *
RESOLUTION NO. 88 COMBINE AGENDA ITEMS
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, agenda items 16 thru 19 are hereby combined.
Ayes: Councilpersons Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 89 APPROVE SHOWMOBILE
PENGUIN PLUNGE
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, upon completion of all necessary paperwork and the recommendation of the Superintendent of Parks & Recreation, use of the Showmobile, by Penguin Plunge Inc. for their Penguin Plunge on Sunday, March 1, 2015 at a rental cost of $350.00 with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured is hereby approved.
Ayes: Councilpersons Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 90 APPROVE AID/SHOWMOBILE ROCKLAND COUNTY ST. PATRICK’S DAY PARADE ANCIENT ORDER OF
HIBERNIANS
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, upon completion of all necessary paperwork and the recommendation of the Superintendent of Parks & Recreation, use of the Showmobile and 22 Portable Toilets ( 14 to be paid by the Town of Orangetown & 8 to be paid by the requesting organization) by
RESOLUTION NO. 90 – Continued
The Ancient Order of Hibernians, for the St. Patrick’s Day Parade on Sunday, March 22, 2015, at a rental cost of $350.00 with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured is hereby approved.
Ayes: Councilpersons Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 91 APPROVE AID/SHOWMOBILE/ST.
THOMAS AQUINAS COLLEGE
HOUSE BAND SHOW
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, upon completion of all necessary paperwork and the recommendation of the Superintendent of Parks & Recreation, use of the Showmobile, by St. Thomas Aquinas College, for their House Band Show on Thursday, April 16, 2015, at a rental cost of $350.00 with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured is hereby approved.
Ayes: Councilpersons Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 92 APPROVE AID/SHOWMOBILE/ST.
THOMAS AQUINAS COLLEGE
SPRING 2015 BON FIRE
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, upon completion of all necessary paperwork and the recommendation of the Superintendent of Parks & Recreation, use of the Showmobile, by St. Thomas Aquinas, for their Spring Bon Fire on Friday. April 17, 2015, at a rental cost of $350.00 with the organization providing a certificate of insurance listing the Town of Orangetown as additionally insured is hereby approved.
Ayes: Councilpersons Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 93 APPROVE/AUCTION/SURPLUS
VEHICLES
Councilman Diviny offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
RESOLVED, upon the recommendation of the Chief of Police, declare the following vehicles that have been removed from town service as surplus and be put up to auction.
- old 3336 2009 Ford Crown Vic B/W 2FAHP71V79X100120 114,608
- old 3328 2009 Ford Crown Vic B/W 2FAHP71V59X145492 104,550
- old 3329 2010 Ford Crown Vic B/W 2FABP7BV7AX140447 103,000
- old 3330 2010 Ford Crown Vic B/W 2FABP7BV3AX140445 110,700
- old 3334 2009 Ford Crown Vic B/W 2FAHP71V79X145493 99,650
- old 33D9 2001 Ford Taurus Black 1FAFP52U91A202971 76,800
RESOLUTION NO. 93 – Continued
- old 3344 2007 Ford Crown Vic B/W 2FAHP71W77X142342 94,400
- old 3327 2009 Ford Crown Vic B/W 2FAHP71V39X145491 101,200
Ayes: Councilpersons Diviny, Morr, Troy, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 94 APPROVE/INSTALLATION FIRE
HYDRANT/VIRGINIA HOMES
SUBDIVISION/SPARKILL AVE.
Councilman Morr offered the following resolution, which was seconded by Supervisor Stewart and was unanimously adopted:
RESOLVED, upon the recommendation of United Water New York and the Town of Orangetown Fire Inspector, the installation of 1 (one) fire hydrant in the Virginia Homes Subdivision, on Sparkill Avenue, Sparkill, NY is hereby approved.
Ayes: Councilperson Morr, Supervisor Stewart
Councilpersons Troy, Diviny, Valentine
Noes: None
* * *
RESOLUTION NO. 95 ACCEPT/RECEIVE/FILE/TOWN
CLERK’S OFFICE
Councilman Diviny offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:
RESOLVED, that the following documents are accepted, received and filed in the Town Clerk’s Office:
- Local Declaration of State of Emergency, dated 1/26/15
- Rescission of State of Emergency, dated 1/27/15
- January 13, 2015 Regular Town Board Meeting/Executive Session minutes
Ayes: Councilpersons Diviny, Valentine, Troy, Morr
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 96 PERMISSION GRANTED FLOODPLAIN DEVELOPMENT NFIP TRAINING
Under new business, Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that permission is hereby granted, for the Director of the Office of Building, Zoning, Planning Administration and Enforcement, to attend the Managing Floodplain Development, through the NFIP, being held at the State Preparedness Training Center, Oriskany, New York, from March 23-26, 2015, at a cost of $140 to be charged to account number B.3620.441.17 and $60 to be charged to account B.3620.480.17, for a total amount of $200.
Ayes: Supervisor Stewart
Councilpersons Diviny, Troy, Morr, Valentine
Noes: None
RESOLUTION NO. 97 OPPOSE/O&R RATE INCREASE
Under new business, Supervisor Stewart offered the following resolution, which was seconded by Councilman Diviny and was unanimously adopted:
RESOLVED, that the Town Board opposes Orange and Rockland’s aggressive rate increase petition to the NYS Public Service Commission, a petition which boosts delivery costs for electricity by 11.5% and gas by 35.1%, and authorizes the Town Supervisor to execute such documents as necessary for the Town to become a participating member of the Municipal Consortium intervening in the rate case, represented by attorney Daniel Duthie, at a cost capped at $5000.
Ayes: Supervisor Stewart
Councilpersons Diviny, Troy, Morr, Valentine
Noes: None
* * *
RESOLUTION NO. 98 APPROVE/FEBRUARY 2015/BLACK
HISTORY MONTH
Under new business, Supervisor Stewart offered the following resolution, which was seconded by Councilman Morr and was unanimously adopted:
WHEREAS, in 1976 in the year of America’s Bicentennial, President Gerald Ford declared February as Black History Month to acknowledge and celebrate the contributions of African-Americans to the United States, and the declaration of Black History Month has been repeated since then, and;
WHEREAS, in Orangetown, Black History is Town History; for over 300 years, the African-American residents of the town have contributed to the development of this community; and,
WHEREAS, many local groups, including the NAACP, the Nyack Center, the Rockland Negro Scholarship Fund, and others have held or will hold events to commemorate Black History Month;
NOW, THEREFORE, BE IT RESOLVED, in order to publically recognize and celebrate the contributions of the African-American residents of our town that the Town Board of the Town of Orangetown hereby proclaims February, 2015 as Black History Month in the Town of Orangetown.
Ayes: Supervisor Stewart
Councilpersons Morr, Troy, Diviny, Valentine
Noes: None
* * *
RESOLUTION NO. 99 PAY VOUCHERS
Councilman Diviny offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, upon the recommendation of the Finance Director, the Finance Office is hereby authorized to pay vouchers, for the General Fund, Town Outside Village, Blue Hill, Broadacres, Highway, Sewer, Capital Projects, Risk Retention, and Special Parking Funds, for a total amount of $972,488.78.
Ayes: Councilpersons Diviny, Troy, Morr, Valentine
Supervisor Stewart
Noes: None
* * *
RESOLUTION NO. 100 ADJOURNED/MEMORY
Supervisor Stewart offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, at 9:15 p.m., the Town Board adjourned, in memory of Lionel Leibesberger, Orangeburg; Ann “Nancy” O’Rourke, Pearl River; Michael Tully, Riverdale; Anthony D. Viglietta, Tappan; James F. White, Nyack; Helen M. Murphy, Pearl River; and Hubert (Hubie) Nealy, former Orangetown Highway employee.
Ayes: Supervisor Stewart
Councilpersons Troy, Diviny, Morr, Valentine
Noes: None
____________________________________
Teresa Accetta-Pugh, Deputy Clerk