Planning Board - Regular Meeting

TOWN OF CLARKSTOWN DEPARTMENT OF PLANNING JOSE C. SIMOES, Principal Planner JAMES CREIGHTON, Senior Planner 10 MAPLE AVENUE NEW CITY, NEW YORK 10956-5099 (845) 639-2070 (845) 639-2071 (fax) planning@clarkstown.org TOWN OF CLARKSTOWN PLANNING BOARD GILBERT J. HEIM, Chairman EDWARD J. GUARDARO, JR., Vice Chairman PETER E. STREITMAN, Member PHILLIP DEGAETANO., Member DOUGLAS B. KATZ, Member EDWARD BERTOLINO, Member ROXANNE PERRONE, Member PLANNING BOARD MINUTES OF REGULAR MEETING OF JULY 31, 2024 Held in person at Town Hall

PRESENT: Chairman Gilbert J. Heim, Vice Chairman Edward J. Guardaro, Jr., Peter E. Streitman, Phillip DeGaetano, Douglas B. Katz, Edward Bertolino, Roxanne Perrone CONSULTANTS: Senior Planner Jose Simoes; First Deputy Director of Engineering Christopher Wagner; Building Plans Examiner Charles Maneri; Deputy Town Attorney Kevin Hobbs and Sanam Lakhwara, AKRF Vice-Chairman Guardaro chaired the meeting at the request of Chairman Heim and declared the Planning Board Meeting open at 7:00 p.m. Assemblage Saluted the Flag. Roll call was taken by the Secretary to the Planning Board. See above.

REVIEW UNDER THE PROVISIONS OF S.E.Q.R. &

PUBLIC HEARING AT PRELIMINARY & FINAL: JAMES GIORDANO SD, 59.09-1-2.1 (FKA 91-A-7.1), WEST NYACK PROJECT DESCRIPTION Proposed two lot subdivision with existing dwelling on Lot 2 to remain. The property is located on 2.14 acres of R-40 zoned land on the south east corner of the intersection of Old Mill Rd and Fulle Drive in West Nyack. Chairman Heim recognized Mr. John Atzl, surveyor for the applicant and Mr.

Giordano, applicant and read the background information. Mr. Atzl stated that this is a straightforward two lot subdivision in the R-40 zone. No variances are being requested and the applicant is providing a conservation easement on the south side of lot #1.

The following comments were read into the record at this meeting or a prior meeting: Building Plans Examiner Maneri, dated July 22, 2024; First Deputy Director of Engineering & Facilities Management Wagner, dated July 31, 2024; Principal Planner Simoes and Senior Planner James Creighton dated July 8, 2024; Clarkstown Fire Inspector, dated July 15, 2024 and the Clarkstown Highway Department, dated July 24, 2024.

Deputy Town Attorney Hobbs advised the applicant regarding the easements, the filing information and fee. On a Motion of Heim, Seconded by Streitman and carried 7:0 with Ayes of Guardaro, DeGaetano, Katz, Bertolino and Perrone, the following submittal requirements were waived: (2).

Location map A location map, at a scale of one (1) inch equals one thousand (1,000) feet, with the following information shown on the location map: (2) (c) Major public facilities, such as schools, parks, etc. (2) (d) Streams and water bodies (secure official number from the Department of Engineering and Facilities Management).

(3) Vicinity map A vicinity map, at a scale of one (1) inch equals two hundred (200) feet, with the following information shown on the vicinity map: (3) (d) A superimposition of the proposed lot layout. (3) (e) Existing drainage, sewer, utility, access, etc. easements affected by or affecting the plat.

(4) Preliminary subdivision plat: (4) (a) Provide a preliminary subdivision plat at a scale of one (1) inch equals fifty (50) feet, with the following information: (4) (a) [7] Existing public, mapped, private and undedicated streets (so indicated), showing the center line of the right-of-way for streets shown on the Town Official Map. (4) (a) [17] Zoning, school, sewer and other district boundary lines.

Vice Chairman Guardaro called for the public hearing. No one stood. On a Motion of Heim, Seconded by Katz and carried 7:0 with Ayes of Guardaro, Streitman, DeGaetano, Bertolino and Perrone, the public hearing was closed.

On a motion of Streitman, Seconded by Katz and carried 6:0 with Ayes of Heim, DeGaetano, Bertolino and Caprara, the following resolution was adopted: RESOLUTION ADOPTING A DETERMINATION OF SIGNIFICANCE UNDER THE PROVISIONS OF 6NYCRR PART 617 JAMES GIORDANO SD 59.09-1-2.1 (FKA 91-A-7.1), WEST NYACK WHEREAS, an Environmental Assessment Form (EAF) dated July 14, 2023 was received for Soshy, SD 44.

17-1-45 (FKA 95-A-14), New City a for two lot subdivision with all existing structures to be demolished. The property is located on 2.

75 acres of R-40 zoned land on the west side of Strawtown Road Landmark Drive opposite Hidden Ridge Lane in New City, and WHEREAS, an EAF dated April 25, 2024 and Lead Agency letter dated June 13, 2024 were distributed concurrently with the Planning Board distribution by Request for Recommendations dated June 17, 2024 to eleven (11) potential interested or involved agencies, and WHEREAS, no involved agency objected to the Planning Board being Lead Agency for coordinated review under the provisions of 6NYCRR Part 617, whereby the Planning Board is Lead Agency, and WHEREAS, as per correspondence from Deputy Director of Engineering Wagner, dated January 10, 2024: The proposed action is unlisted.

The following potential impacts have been identified: 1 Archeological impact - A "no-impact" letter from NYSHPO has been provided by the applicant. 2. Impacts to Flora and Fauna - The applicant has provided correspondence from the NYSDEC that the proposed project is not likely to impact Bald Eagles and an Endangered and Threatened Species Permit is not required. 3.

Increase in the potential for erosion, flooding, or drainage problems - This impact is mitigated through the implementation of a project SWPPP and the installation of an underground infiltration system to reduce peak runoff from the site by 10% from the predevelopment rate.

NOW THEREFORE BE IT RESOLVED, that the Planning Board, based on information provided, adopts a Negative Declaration under the Provisions of SEQRA 6NYCRR Part 617. On a Motion of Heim, Seconded by Katz and carried 7:0 with Ayes of Guardaro, Streitman, DeGaetano, Bertolino and Perrone, the following resolution was adopted: PRELIMINARY APPROVAL RESOLUTION JAMES GIORDANO SD 59.09-1-2.1 (FKA 91-A-7.

1), WEST NYACK WHEREAS, the application including narrative, maps and EAF distributed concurrently with the Planning Board distribution by Request for Recommendations dated June 17, 2024 to eleven (11) potential interested or involved agencies, and WHEREAS, application, subdivision plat, narrative and EAF were reviewed at the July 31, 2024 meeting, WHEREAS, at said meeting, a Negative Declaration was granted and the public hearing was closed, and NOW THEREFORE BE IT RESOLVED, that the Planning Board, grants Preliminary Subdivision Approval to James Giordano, SD, 59.

09-1-2.1 (FKA 91-A-7.1) and the subdivision plat dated November 1, 2023 and last revised March 20, 2024, subject to the following conditions: 1. Deputy Director of Engineering Wagner, DEFM, dated July 31, 2024: 1. Provide deeds and descriptions of the proposed conservation and utility easements for review prior to Chairman's endorsement. 2. Provide SWPPP review fee prior to chairman's endorsement. 3.

Provide cost estimate for determination of inspections fees. 4. Provide stormwater maintenance agreement for review and filing. 2. Principal Planner Simoes & Senior Planner Creighton, dated July 8, 2024: 1. The subdivision line weight should be increased on the Tree Preservation Plan. 2. A money in lieu of land fee of $10,550 will be required for this project.

On a Motion of Heim, Seconded by Katz and carried 7:0 with Ayes of Guardaro, Streitman, DeGaetano, Bertolino and Perrone, the following resolution was adopted: MONEY IN LIEU OF LAND RESOLUTION JAMES GIORDANO SD 59.09-1-2.1 (FKA 91-A-7.1), WEST NYACK WHEREAS, in 2024, James Giordano (or "the Applicant") applied to the Town of Clarkstown Planning Board for a subdivision involving tax parcel 59.09-1-2.

1 to create 2 lots on 2.

14 acres of R-40 zoned land on the southeast corner of the intersection of Old Mill road and Fulle Drive in West Nyack, and WHEREAS, the influx of residents from this development will place additional demands on the Town's existing parks, recreational facilities and community centers and will directly impact the Town's recreational facilities, thereby creating a need for improvements to those facilities, and WHEREAS, although the subdivision will directly contribute to the need for improvements to park and recreational facilities, it does not include park or recreational facilities on the site which are designed to meet recreational impacts of the project on the community at large, and funding will be needed to improve the Town's existing recreational facilities located in the nearby area, and WHEREAS, the Town has been studying the recreational needs of the residents for years, and WHEREAS, the Town's existing recreational resources and its anticipated future needs for park and recreational facilities based on projected population growth, were inventoried and evaluated in accordance with well-recognized and accepted state and national standards in the Assessment of Existing Parkland, State Recommended Parkland Standards, and Fee for Money in Lieu of Land report prepared for the Town of Clarkstown by Robert Geneslaw, AICP dated April 12, 2005 ("the Geneslaw Report").

Based on the findings in the Geneslaw Report, the Town concluded that there was a deficit of existing recreational facilities in the Town of Clarkstown which will only increase with future development and population growth within the Town.

As a result, the demand for recreational facilities exceeded existing resources and continued development within the Town paired with upward spiraling land and improvement costs will only exacerbate the situation, and WHEREAS, the Town's existing recreational offerings consist of indoor and outdoor social, educational and enrichment programs, swimming pools, exercise facilities, a miniature golf course, a bocci ball court and walking and hiking trails, all of which are utilized extensively by Clarkstown's growing population, and WHEREAS, the Town has concluded that provision for the existing and future parks and recreational facilities which fulfill the needs of all of its residents substantially advance a legitimate governmental interest.

In order to further advance this important interest, it is incumbent upon the Town to improve its existing recreational facilities and to acquire and develop additional parks, parkland and recreational facilities to meet the needs of its growing population, and WHEREAS, in recognition of the growing need for recreational facilities, the Town’s Comprehensive Plan calls for the upgrade of the Town’s existing recreational facilities, construction of new facilities, and the continued acquisition of lands for parks and recreational purposes, all of which will require substantial funding by the Town, and WHEREAS, Section 277(4) of the Town Law provides that where a planning board has made an “evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular residential subdivision will contribute” and has made a finding that “a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the town, but that a suitable park or parks of adequate size cannot be properly located on such subdivision,” the planning board may require a sum of money in lieu thereof to be established by the town board”, and WHEREAS, Section 254-24 of the Code of the Town of Clarkstown provides that if “a reservation of land would be inadequate in size for park or recreational use, either along or in conjunction with abutting reservations on adjoining properties, or otherwise inappropriate for such use, the Planning Board shall waive and replace such requirement with a condition that, instead of a reservation of land, the applicant shall, in advance of endorsement of the plat by the Chairman, make to the Town a payment by certified check in an amount corresponding to the rate established by resolution of the Town Board per approved single-dwelling lot, or in the case of multiple dwellings, the amount established per single unit or per bedroom,” and WHEREAS, the Planning Board has assessed the suitability of lands on the site and found that the Applicant has not provided parks and recreational facilities to the Town or a viable substitute therefore and for reasons herein set forth, Applicant has not demonstrated that the parkland requirement set forth in §277(4) of the Town Law and in the Code of the Town of Clarkstown has been or can be satisfied and it is otherwise impractical to do so because of the facilities ownership, the project’s lot size, building size and location, the use and occupancy characteristics of the development, the requirements of the subdivision layout and other practical factors, including the impact of the project on the Town’s recreational facilities in the immediate neighborhood which can be accommodated and better served by improvements by expanding recreational capacity and improving existing parks by adding additional facilities to them, and WHEREAS, the Planning Board has found, that based upon the present and anticipated future need for park and recreational opportunities in the Town to which the future population of the Applicant’s project will contribute, parklands should be created as a condition of Planning Board approval of this project and therefore, the Applicant’s project presents a “proper case” for requiring a park or parks suitably located for parks or other recreational purposes.

NOW THEREFORE BE IT RESOLVED, that the foregoing findings are adopted and that, as this subdivision of tax parcel 59.09-1-2.

1 will create one new parcel for the construction of a single-family dwelling, the Applicant shall be required to deliver payment in lieu of parkland dedication in the amount of $10,550 prior to the signing of the final subdivision plat by the Planning Board Chairperson and all such moneys are to be held in a special capital projects fund to be used either exclusively for the acquisition of sites that are properly located for neighborhood park, playground or recreational purposes or for the physical improvement of such sites as municipal recreational facilities.

On a Motion of Heim, Seconded by Katz and carried 7:0 with Ayes of Guardaro, Streitman, DeGaetano, Bertolino and Perrone, the following resolution was adopted: FINAL APPROVAL RESOLUTION JAMES GIORDANO SD 59.09-1-2.1 (FKA 91-A-7.

1), WEST NYACK WHEREAS, the application including narrative, maps and EAF distributed concurrently with the Planning Board distribution by Request for Recommendations dated June 17, 2024 to eleven (11) potential interested or involved agencies, and WHEREAS, application, subdivision plat, narrative and EAF were reviewed at the July 31, 2024 meeting, WHEREAS, at said meeting, a Negative Declaration was granted and the public hearing was closed, and WHEREAS at said meeting preliminary approval was granted, and WHEREAS at the July 31, 2024 meeting, the Planning Board adopted a Money in Lieu resolution in the amount of $10,550, and NOW THEREFORE BE IT RESOLVED, that the Planning Board, grants Final Subdivision Approval to James Giordano, SD, 59.

09-1-2.1 (FKA 91-A-7.1) and the subdivision plat dated November 1, 2023 and last revised March 20, 2024, subject to the conditions of preliminary, and BE IT FURTHER RESOLVED, that upon payment of any and all fees due and any and all legal documents required, said map is to be reviewed at TAC for compliance and if found satisfactory, may be endorsed by the Chair as a Final map.

_________________________________________ FINAL REVIEW:

SPLASH NANUET CAR WASH, SL 57.20-1-26 (FKA 14-D-18), NANUET PROJECT DESCRIPTION: Demolition of the existing 6,168 SF building and construction of a 7,968 square foot car wash with 29 parking spaces. The property is located on 1.89 acres of RS zoned land on the northwest corner of the intersection of Route 59 and Dykes Park Road in Nanuet.

Chairman Heim recognized James Caris, engineer for the applicant and Glen Sheeley applicant and read the background information.

The following comments were read into the record at this meeting: Building Plans Examiner Maneri, dated July 22, 2024; First Deputy Director of Engineering & Facilities Management Wagner, dated July 31, 2024; Principal Planner Simoes dated July 3, 2024; Clarkstown Fire Inspector, dated July 16, 2024; Clarkstown Highway Department, dated May 15, 2023; Rockland County Department of Planning, dated January 20, 2022; Rockland County Sewer District No.

1, dated February 15, 2022; Rockland County Department of Health dated January 31, 2022; Rockland County Drainage Agency dated January 25, 2022 and New York State Department of Transportation, dated May 6, 2022 and May 9, 2022 and AKRF dated May 10, 2022. Deputy Town Attorney Hobbs stated the applicant needs to submit the stormwater management agreement. The Board had no concerns or comments.

On a motion of Streitman, Seconded by DeGaetano and carried 7:0 with Ayes of Heim, Guardaro, DeGaetano, Katz, Bertolino and Perrone the following resolution was adopted: FINAL APPROVAL RESOLUTION SPLASH NANUET CAR WASH, SL 57.

20-1-26 (FKA 14-D-18), NANUET WHEREAS, application, site plan, and narrative were received and distributed on January 6, 2022 to fifteen (15) interested and involved agencies, and WHEREAS, the application was reviewed at the February 9, 2022 and the May 11, 2022 Planning Board Meeting, and WHEREAS, at the May 11, 2022 meeting the application was granted a negative declaration and was referred to the ZBA for variances and a special permit for parking in the floodplain, and WHEREAS, the applicant as granted a Town Board Special Permit to operate an Automotive Laundry on August 23, 2022, and WHEREAS, at the March 20, 2023 ZBA meeting, the application was granted a special permit for parking in the floodplain and was granted all requested variances in a decision filed with ZBA

Appeal #4331 filed on May 5, 2023, and WHEREAS the application was reviewed at the May 17, 2023 Planning Board meeting where Rockland County Planning comment #14 was overridden and the public hearing was closed, and preliminary approval was granted, and WHEREAS, the applicant was referred to the AHRB, which granted approval on March 6, 2024, and NOW THEREFORE BE IT RESOLVED, that the Planning Board, grants Final Approval to Splash Carwash, SL, 57.

20-1-26 (FKA14-D-18), Nanuet site plan last revised April 25, 2024 for the proposed renovation of an existing, vacant 6,168 SF building and an 1,800 SF one story addition to operate a car wash with 29 parking spaces subject to the following conditions: 1. Building Plans Examiner Maneri, dated July 22, 2024: 1. Label drawing C-100 as FINAL prior to Chairman’s Endorsement 2.

First Deputy Director of Engineering Wagner, DEFM, dated July 31, 2024: 1. Revise stormwater maintenance agreement to include the site utilities plan and inspection checklist. Posting of stormwater escrow in the amount of $2,500.00 will be required prior to Chairman’s Endorsement 2. Provide inspection fees in the amount of $14,836.38. 3. Clarkstown Zoning Board of Appeals, dated May 5, 2023: 1. See ZBA Decision for

Appeal #4331 heard on March 20, 2023 and filed on May 5, 2023 4. Clarkstown Architecture & Historical Review Board, dated March 6, 2024 See landscape plan signed March 6, 2024 5. Rockland County Planning Department, dated January 20, 2022: 1. A review must be completed by the New York State Department of Transportation, any comments or concerns addressed, and all required permits obtained. 2.

A review must be done by the Rockland County Department of Health to ensure compliance with the Rockland County Sanitary Code, Article XIX, Mosquito Control. 3. A review must be completed by the County of Rockland Sewer District No. 1, any comments or concerns addressed, and all required permits obtained. 4. A review must be completed by the County of Rockland Drainage Agency, and any required permits obtained. 5.

A review of the Fire Apparatus Turning Analysis A & B must be completed by the County of Rockland Office of Fire and Emergency Services, Town of Clarkstown fire inspector, or the Nanuet Fire Department to ensure that the site is designed in a safe manner and that there is sufficient access to, and maneuverability on, the site for emergency vehicles, 6 The Fire Apparatus Turning Analysis B seems to show part of the turning radius eliminated at the northern end of the site.

Since a wall is located adjacent to this area, it would be difficult for a fire truck to maneuver into this portion of the site without having to back up. The Turning Analysis B must depict the entire turning movement and must demonstrate that all turns can be completed without the need to back up the equipment.

7 All fire lanes must be illustrated on the site plan to ensure that the Fire Apparatus Turning Analyses are accessing the locations identified for fire equipment. 8 A Turning Analysis must be provided for garbage vehicles to ensure that there is sufficient maneuverability on- site to access the dumpster area.

The location depicted for garbage collection appears to be situated in a narrower portion of the site, restricted with parking spaces and an access drive. A truck maneuvering to back into position to access the dumpster area will be required to make multiple turns to get into position. This is further compounded by the gate that swings outward, resulting in less room to maneuver.

The applicant must explore other locations on-site that are easier and safer to access for the dumpster area. Lastly, if the dumpster area remains in the proposed location, then the garbage must be collected during off-peak hours and days to ensure that there is no conflict with customers utilizing the facilities on-site.

9 Note 3 on the bulk table indicates the applicant is seeking a reduction of the special permit buffer requirement to 50 feet, rather than the required 75 feet. This is due to the existing building encroaching 4.5 feet into the buffer. Rather than reduce the buffer to 50 feet, it can be reduced by only 5 feet to 70 feet.

This will allow the existing structure to conform to the special permit standards, while also preserving most of the required buffer area. A 70- foot buffer will restrict future development along Dykes Park Road, which leads to a residential neighborhood. The Town Board shall consider this option. 10 As per Section 290-17C.

(5), a ten-foot-wide strip of landscaping with shrubs and trees shall be maintained along a street that is within 100 feet of a residential district. The northern and northeastern property lines of the site border a residential zone. A ten-foot-wide strip is provided along Dykes Park Road, however minimal landscaping is proposed.

Two existing trees and four new shrubs are proposed along the strip that extends north from the entrance to the stacking area from the Dykes Park Road right-of-way.

The shrubs and trees shall be supplemented with additional landscaping and extended further north along Dykes Park Road, as well as along the northern property boundary to better shield the vehicles within the interior stacking area from the residential neighborhood.

This is especially critical since a reduction is being requested from the special permit buffer setback, and a condition of the reduction is that the applicant provide permanently landscaped and maintained areas to protect the residential neighboring properties from the use. 11. Snow removal and the resultant snow piles are a critical maintenance consideration for commercial uses during the winter months.

Specific snow storage areas must be designated on the site plan to ensure that adequate parking is maintained, the snow piles do not impede sight distance for vehicles exiling the site, access to the vacuums are not blocked, the limited turning radii within the site are not impeded, and visibility within the site is not obstructed.

Lastly, designating snow storage areas will also help to protect the landscaped areas on- site from damage due to the weight of the snow and salt intrusion, especially for those areas that are required for the buffer setback for the proposed special permit use.

Given that the site has retaining walls along the western and northern portions of the site, it is critical to determine in advance where snow piles can be safely and feasibly located. 12. The existing three space parking area along the northern portion of the site is to be milled and resurfaced, but no notes are provided as to what this area will be used for in the future.

A map note must be provided to clarify the purpose of this area for the special permit use. 13. An oddly-shaped asphalt area is depicted on the site plan adjacent to the three existing northern parking spaces that are to be milled and resurfaced. The Demolition Plan does not indicate that this area is to be removed, nor is there any map note staling the purpose for this area.

II must be clarified as to the purpose of this asphalt area. 14. (This comment was overridden on May 17, 2023) Several of the parking spaces will be difficult to maneuver into or out of as designed. The northwestern parking space will be difficult to access if a vehicle is traveling north in the parking area, given the location of the retaining wall.

II will also require a vehicle to blindly exit the parking space given the wall's height and location. The southeastern most parking space will also be difficult to maneuver out of since no turnaround area is provided. These parking spaces must be either relocated or redesigned so that they provide a safe and easily accessible location. 15.

The existing retaining walls shall be inspected by a licensed New York State Professional Engineer and affirmed that they are structurally sound and in compliance with the NYS Fire Prevention and Building Code. During a recent site visit, areas where cracks and spalling have occurred along the wall were observed. 16.

All locations where a bottom of wall measurement is provided must also notate the top of wall height. 17. Prior to the start of construction or grading, all soil and erosion control measures must be in place for the site. These measures must meet the latest edition (November 2016) of the New York State Standards for Urban Erosion and Sediment Control. 18.

There shall be no net increase in the peak rate of discharge from the site at all design points. 19. All proposed signage must be shown on the site plan, and conform to all Town requirements found in Chapter 243 and Chapter 243, Table 1. 20.

We request the opportunity to review the special permit that is needed to implement the proposed site plan, as required by New York State General Municipal Law, Section 239-m (3)(a)(iii). 21. As noted above, the applicant is seeking a reduction of the special permit buffer requirement to 50 feet rather than the required 75 feet. If the Town Board denies this request, a 4.

5-foot variance from the Zoning Board of Appeals will be needed for the buffer setback. Should a variance be necessary, we request the opportunity to review ii, as required by New York State General Municipal Law, Section 239-m (3)(a)(v). 22. The following additional comment is offered strictly as an observation and is not part of our General Municipal Law (GML) review.

The board may have already addressed this point or may disregard it without any formal vote under the GML process: 22.1 Section B.e. on Part 1 of ·the Full Environmental Assessment Form must be updated to include the following County Agencies: Rockland County Department of Health, Rockland County Drainage Agency, Rockland County Planning Department, and Rockland County Sewer District No. 1. 6.

Rockland County Sewer District No. 1, dated February 15, 2022: 1. Rockland County Sewer District No. 1 does not object to the Planning Board serving as lead agency for this review. 2. Details for sanitary sewer construction, if any, must comply with the District's construction standards and should be shown on the plans. a. Drawing No.

C-300 (Utilities Plan) shows a proposed subsurface detention system with a manhole labeled "SMH" for "Sanitary Man Hole". Please have the engineer change the label to "DMH" for "Drainage Man Hole". 3. Details for the sanitary sewer connection, if any, are subject to approval by the Town of Clarkstown, which has a sewer main running through the subject lot along the north property line. 4.

As this is a non-residential project, Rockland County Sewer District No. 1's "Commercial/ Non-residential Wastewater Questionnaire" and the County Planning Information Certification must be submitted to and approved by this office. The owner must sign the wastewater questionnaire. 7. Rockland County Department of Health, dated January 31, 2022: 1.

This office has no objection to the Town Clarkstown Planning Board acting as Lead Agency for this project. 2. Application is to be made to the RCDOH for review of the stormwater management system for compliance with the County Mosquito Code. 8.

Rockland County Drainage Agency, dated January 25, 2022: Please note that the above referenced site/parcel is outside the jurisdiction of the RCDA, pursuant to the Rockland County Stream Control Act, Chapter 846, and therefore, a Stream Control Act permit is not required for developments within this site. However, the RCDA has concerns about the potential impact of the project as proposed.

Therefore, as an interested and involved agency pursuant to SEQRA, the RCDA offers with the following comment(s): 1. The proposed activity is classified as a stormwater hotspot as per Section 4.11 of the New York State Stormwater Management Design Manual (NYSSMDM).

Therefore, please have the applicant revise the stormwater management practice (SMP) design to incorporate multiple treah11ents, in series, prior to conveying runoff into the infiltration system to prevent ground water contamination or prior to be conveyed into the stormwater collection system. 2.

Pursuant to SEQRA, the RCDA is requesting the lead agency ensure that the applicant has fully addressed the comment(s) indicated above prior to granting final approval for this proposal. 3. By copy of this letter, the RCDA is notifying the municipal land use boards and departments that a permit from the RCDA is not required for developments at the above referenced site.

However, the RCDA has specific SEQR comment(s) about the proposed development. The RCDA recommends that any future decisions or determinations made by the municipal land use boards regarding this site development shall ensure that all SEQR comment(s) are addressed and the development will not result any increase in stormwater runoff from the site or reduction in stormwater storage capacity of the site. 4.

The Rockland County Drainage Agency does not object to the Planning Board assuming responsibilities of lead agency for SEQRA purposes in the above referenced matter. 9. New York State Department of Transportation, via email from Jason Brenner (Traffic & Safety Group) dated May 6, 2022: 1. With the sidewalk crossing the driveway detectable warning surface will not be required. 2.

NYSDOT has recently updated the work zone traffic control plans dependent on the time for the work in the ROW. Please review the new standard sheets. 3. The pavement lift thickness in the ROW will need to be changed. Attached is lift thickness requirements based on aggregate size. Also found in chapter 6 on the NYSDOT Highway design manual.

New York State Department of Transportation dated May 9, 2022 from Brandon Robuck (Permit Engineer): 1. A Highway Work Permit (HWP) is required to be submitted to, reviewed, and approved by NYSDOT prior to any work within the State Highway Right of Way. The applicant is encouraged to review the permit process and all required HWP forms on the NYSDOT website: https://www.dot.ny.

gov/divisions/operating/oom/transportation-systems/traffic-operations-section/highway-permits. Lead Agency approval under SEQR is required in advance of full NYSDOT permitting. 10. AKRF, dated May 10, 2022: In AKRF's memorandum dated October 7, 2021, AKRF provided approval of the Traffic Impact Study.

This technical memorandum summarizes AKRF's review of the following documents in connection with the proposed redevelopment of the property located at 140 Route 59: • Amended site plan drawings prepared by JMC, PLLC (the Consultant) last revised April 14, 2022 • Sight Distance Analysis (Figure SD-1) prepared by the Consultant dated March 18, 2022 ROADWAY IMPROVEMENTS As shown in the September 2021 supplemental site plan materials, the Applicant proposed roadway improvements including extending the existing 120-foot-long Route 59 Westbound left/u-turn pocket to 180 feet and a "Signal Ahead" anticipatory warning sign for eastbound traffic along Route 59 approximately 420 feet west of Hutton Avenue.

In addition, at the February 16, 2022 Planning Board meeting AKRF recommended the installation of retroreflective signal backplates to improve signal visibility. The Consultant should include design drawings for the improvements and confirm whether they have been approved by NYSDOT.

SITE CIRCULATION The revised site plan included relocation of the trash enclosure to the northeast corner of the site, several denoted snow storage areas, inclusion of mechanical equipment in the northwest corner of the site parking area and a truck turning analysis for garbage trucks. The relocated trash enclosure provides greater maneuvering space for garbage trucks.

The Consultant utilized an AASHTO SU-30 vehicle arriving head-on for the truck turning analysis however, the size and access of the vehicle should be confirmed as other approved methodologies include a rear-loaded garbage truck closer to an SU-40 in size (see Figure 1 below).

In addition, a turning analysis should be provided for vehicles entering the parking area and needing to turn around if parking spaces are full, particularly with the addition of the mechanical equipment. Units: feet [Diagram of a truck with dimensions 38.08 length, 3.58 height, 22.00 wheelbase] Figure 1: Rear-Load Garbage Truck dimension based on NCHRP Report 659 (2010) SIGHT DISTANCE As shown in Drawing No.

SD-1, the applicant provided both stopping sight distance in the westbound direction (the distance required for a vehicle traveling westbound along NYS Route 59 to see a vehicle and stop to avoid a collision) and intersection sight distance for a right-turning vehicle at the driveway (the visible distance that a vehicle requires to safely exit the site).

The sight distances are calculated correctly and in accordance with the AASHTO A Policy on Geometric Design of Highways and Streets, 2018 Edition and sufficient sight distance is provided at the site. However, as shown in the Landscaping Plan (Drawing No. L-100), the Applicant proposes to plant shrubs along the site frontage with NYS Route 59.

The shrubs should be regularly landscaped to maintain a height of two feet or less to avoid visual obstructions to driver sight distance.

IT IS FURTHER RESOLVED that upon payment of any and all fees due and any and all legal documents required, said map is to be reviewed at TAC for compliance and if found satisfactory, may be endorsed by the Chair as a Final map, and IT IS FURTHER RESOLVED, that pursuant to §246-11 this approval shall expire 180 days after passage unless all conditions are fulfilled by the applicant within that time period; however, said time period may be extended for two periods of not more than 90 days each if considered desirable by the Board, and IT IS FURTHER RESOLVED, that if final approval has lapsed, it may be reinstated, in the Board's sole discretion, after payment of a new fee appropriate in amount to the additional review required and a new public hearing may be required.

FINAL REVIEW: STORAGE LOT REALTY, LLC, SL, 44.08-1-16, 17, & 18, (FKA 142-A-5.22, 5.23, 5.23, & 5.10)

CONGERS PROJECT DESCRIPTION: Proposed lot merger and site plan for an automotive repair shop in the existing 7,000 square foot building on Lot 18 with Lots 16 & 17 are proposed to be used as vehicle storage areas in support of the services provided on Lot 18. The properties are located on 2.75 acres of COS zoned land located on the east side of NYS Route 9W, approximately .4 miles north of Lakeview Drive in Congers.

Chairman Heim recognized Ira Emanuel, attorney for the applicant and John Atzl, surveyor for the applicant and read the background information.

The following recommendations were read into the record at this meeting: Building Plans Examiner Maneri, dated July 22, 2024; First Deputy Director of Engineering & Facilities Management Wagner, dated July 31, 2024; Principal Planner Simoes and Senior Planner James Creighton dated July 1, 2024; Clarkstown Fire Inspector, dated July 16, 2024; Clarkstown Highway Department, dated April 5, 2024; Rockland County Department of Planning dated April 12, 2024; the Rockland County Sewer District No.

1, dated April 17, 2024; New York State Department of Transportation dated March 14, 2024. Deputy Town Attorney Hobbs had no comments. The Board had no comments or concerns. On a Motion of Heim, Seconded by Katz and carried 7:0 with Ayes of Guardaro, Streitman, DeGaetano, Bertolino and Perrone, the following resolution was adopted: FINAL APPROVAL RESOLUTION STORAGE LOT REALTY, LLC, SL, 44.

08-1-16, 17, & 18, (FKA 142-A-5.22, 5.23, 5.23, & 5.

10) CONGERS WHEREAS, application, site plan, and narrative were received and distributed on March 13, 2024 to sixteen (16) interested and involved agencies, and WHEREAS, application, site plan, narrative and EAF were reviewed at the April 17, 2024 meeting, and WHEREAS, at said meeting the public hearing was closed, a Negative Declaration and preliminary approval was granted, and WHEREAS, at said meeting, Rockland County Planning Department’s comment #10 was overridden, and WHEREAS the application was referred to the AHRB and was granted approval on June 28, 2024, and NOW THEREFORE BE IT RESOLVED, that the Planning Board, grants Final Approval to Storage Lot Realty, LLC, SL 44.

08-1-16-17- & 18, Congers and the site plan dated May 1, 2023 and last revised May 21, 2024 subject to the following conditions: 1. Building Plans Examiner Maneri, dated July 22, 2024: 1. Label Site Plan as FINAL prior to Chairman’s Endorsement. 2. Deputy Director of Engineering Wagner, DEFM, dated April 17, 2024: 1. Infiltration testing will be required prior to Chairman's Endorsement.

Provide a plan showing locations and depths of deep test holes and infiltration testing to the DEFM for review and approval. 2. Provide SWPPP review fee. 3. Provide cost estimate for determination of inspection fees. 4. Provide stormwater maintenance agreement for review and filing. 3. Principal Planner Simoes & Senior Planner Creighton, dated July 1, 2024: 1.

The sizing row on the Tree Preservation Plan’s Tree Replacements table must be corrected to read 16” to less than 28”, rather than 16” to less than 16”. 2. Proof of lot merger will be required before this project may receive Chairman’s Endorsement. 4. Clarkstown Architecture & Historical Review Board, dated May 20, 2024: See approved plans signed on May 20, 2024. 5.

Rockland County Planning Department, dated April 12, 2024: 1. As required by the Rockland County Stream Control Act, the subdivision plan for the lot merger must be reviewed and signed by the Chairman of the Rockland County Drainage Agency before the County Clerk can accept the plan to be filed. 2.

A review must be completed by the New York State Department of Transportation, any comments or concerns addressed, and all required permits obtained. 3. A review must be completed by the Palisades Interstate Park Commission, and any raised concerns addressed. 4. A review must be completed by the County of Rockland Department of Health, any comments or concerns addressed, and any required permits obtained. 5.

A review must be completed by the County of Rockland Sewer District No. 1, any comments or concerns addressed, and all required permits obtained. 6.

A review of the Vehicle Storage & Fire Truck Turning Plan must be completed by the Rockland County Office of Fire and Emergency Services, Town of Clarkstown fire inspector, or the Congers Fire Department to ensure that the site is designed in a safe manner and there is sufficient access to, and maneuverability on, the site for emergency vehicles. 7.

Prior to the start of construction or grading, all soil and erosion control measures must be in place for the site. These measures must meet the latest edition (November 2016) of the New York State Standards for Erosion and Sediment Control. 8. There shall be no net increase in the peak rate of discharge from the site at all design points. 9.

The Town shall be assured that no automobile services take place outside of the enclosed building, in compliance with Section 290-7.71(6) of the Zoning Code. 10. (This comment was overridden on April 17, 2024) The Hudson Valley Natural Resources Mapper https://gisservices.dec.ny.gov/gis/hvnrm/ identifies the eastern portion of the subject site as part of and adjacent to a Significant Biodiversity Area (SBA).

SBAs are landscape areas in the Hudson River Estuary that contain high concentrations of biodiversity or unique ecological features. These areas contribute to and serve as a framework for conservation partnerships and voluntary protection efforts. One of the most significant threats to biodiversity is habitat destruction, alteration, and fragmentation.

Careful consideration should be given to development impacts with an SBA. Proactive planning that avoids or minimizes impact to the habitat of important areas and maintains habitat connections for wildlife movement will contribute to the long-term biodiversity of the region.

The Planning Board must consider the impacts of this development, particularly the impacts of the increase of impervious surface, on the biodiversity of the area, specifically habitat fragmentation and the impact of the movement of species to and from, and within, these sensitive habitats.

A pdf titled "An Approach for Conserving Biodiversity in the Hudson River Estuary Corridor" that identifies voluntary, non-regulatory strategies for conserving wildlife can be found at https://hudson.dnr.cals.cornell.edu/library. 11. Retaining walls shall be designed by a licensed New York State Professional Engineer and be in compliance with the NYS Fire Prevention and Building Code.

Design plans shall be signed and sealed by the licensed NYS Professional Engineer. 12. Once a lot merger has been approved, a filed map cannot be used to convey property, nor can the tax maps be updated with the lot changes, until the deeds are filed with the County Clerk, conveying the portions of the lots that are required to achieve the lot configuration indicated on the subdivision map.

The applicant and the Town must make sure that the deeds are properly filed with the Rockland County Clerk to ensure that the tax maps are properly updated. 6. Rockland County Sewer District No. 1, dated April 11, 2024: 1. Rockland County Sewer District No.

1’s “Commercial/Non-residential Wastewater Questionnaire” and the County Planning Information Certification must be submitted to and approved by this office for the café, fitness center and dog wash before any sewage is discharged into the District’s sewerage system. The owner must sign the wastewater questionnaire. 2. Rockland County Sewer District No. 1 does not object to the subdivision and plan as shown.

The proposed conveyance of a 42,750 square foot portion of Tax Lot 44.08-1-17 and a 39,914 square foot portion of Tax Lot 44.08-1-17 to Tax Lot 44.08-1-18 for construction of a gravel parking lot does not affect sanitary sewers. 7. New York State Department of Transportation, dated March 14, 2024: 1. Please show NYSDOT traffic control standards on the plan. 2.

A Highway Work Permit (HWP) is required for any work within the State Highway Right-of-Way. If future work is proposed within the State Highway Right-of-Way as part of this project, the applicant is encouraged to review the permit process and all required HWP forms on the NYSDOT website.

IT IS FURTHER RESOLVED that upon payment of any and all fees due and any and all legal documents required, said map is to be reviewed at TAC for compliance and if found satisfactory, may be endorsed by the Chair as a Final map, and IT IS FURTHER RESOLVED, that pursuant to §246-11 this approval shall expire 180 days after passage unless all conditions are fulfilled by the applicant within that time period; however, said time period may be extended for two periods of not more than 90 days each if considered desirable by the Board, and IT IS FURTHER RESOLVED, that if final approval has lapsed, it may be reinstated, in the Board's sole discretion, after payment of a new fee appropriate in amount to the additional review required and a new public hearing may be required.

ROCKLAND LAKE ESTATES, SD 53.13-1-72 (FKA 138-H-22), VALLEY COTTAGE: 1st 90-day Extension Request to November 26, 2024 On a Motion of Streitman, Seconded by Katz and carried 7:0 with Ayes of Heim, Guardaro, DeGaetano, Bertolino and Perrone, the Planning Board extended final approval of this application to November 26, 2024.

THRUWAY PLAZA - AMENDED, SL 57.19-1-10.1 (FKA 163-A-26 & 25), NANUET: 2nd 90-day Extension Request to November 4, 2024 On a Motion of Heim, Seconded by Perrone and carried 7:0 with Ayes of Guardaro, Streitman, DeGaetano, Katz and Bertolino, the Planning Board extended final approval of this application to November 4, 2024.

MINUTES OF PREVIOUS MEETING(S): On a Motion of Heim, Seconded by DeGaetano, and carried 7:0, with Ayes of Guardaro, Streitman, Katz, Bertolino and Perrone, the Planning Board minutes of July 10, 2024 were approved. The Planning Board went into Executive Session from 7:15 p.m. to 7:35 p.m. Meeting adjourned at 7:35 p.m.