Planning Board - Regular Meeting

PUBLIC HEARING AT PRELIMINARY & FINAL:

MULBERRY HEIGHTS, SD 52.20- 1-21 (FKA 137-A-12), VALLEY COTTAGE: Proposed residential two lot subdivision. Proposed Lot 1 will retain the existing dwelling and driveway, with continued access off of Lake Road. Proposed lot 2 will be developed with a dwelling and driveway, with access from Mulberry Road. The property is located in 1.

13 acres of R-22 zoned land on the south side of Lake Road approximately 240 feet east of Elliot’s Alley in Valley Cottage. Chairman Metcalf recognized Patrick Loftus, attorney for the applicant and John Atzl, surveyor for the applicant. Mr. Loftus stated this application was before this Board months ago and was referred to the ZBA where all requested variances were granted.

Any new comments will be incorporated into the plans. The applicant is ready for a vote on preliminary and final.

The following comments were read into the record at this meeting or a prior meeting: Building Plans Examiner Maneri, dated June 15 2026; First Deputy Director of Engineering & Facilities Management Wagner, dated June 24, 2026; Principal Planner Simoes & Senior Planner Creighton dated June 16, 2026; Clarkstown Fire Inspector, dated June 8, 2026; Clarkstown Highway Department, dated June 10, 2026; Rockland County Planning Department, dated January 9, 2026, Rockland County Department of Health, dated January 12, 2026; Rockland County Sewer District, dated January 22, 2026 and the Rockland County Drainage Agency, dated December 30, 2025.

Deputy Town Attorney Hobbs advised the applicant to submit a Stormwater Management Agreement. Chairman Metcalf called for the public hearing. No one stood. On a Motion of Bertolino, Seconded by DeGaetano and carried 5:0 with Ayes of Metcalf, Streitman and Perrone the public hearing was closed.

On a Motion of Bertolino, Seconded by Streitman and carried 5:0 with Ayes of Metcalf, DeGaetano and Perrone the following resolution was adopted: PLANNING BOARD RESOLUTION PRELIMINARY APPROVAL MULBERRY HEIGHTS, SD 1 subdivision plat dated September 11, 2025 with last revision date of April 29, 2026, subject to the following conditions: 1. Building Plans Examiner Maneri, dated June 15, 2026 1.

Add map note that variances will expire 1 year from date of Chairman’s Endorsement. 2. Signature block for the Rockland County Health Dept. may be required. 2. Deputy Director of Engineering Wagner, DEFM, dated June 24, 2026: 1. Provide inspection fees in the amount of $3,221.56 3. Principal Planner Simoes & Senior Planner Creighton, dated June 16, 2026: 1.

The Rockland County Drainage Agency must endorse the plat prior to Chairman’s Endorsement. 2. A money in lieu of land fee of $10,550 will be required for this project. 4. Rockland County Sewer District No. 1, dated January 26, 2026: 1.

Approval of this application and the variances for the 2-lot subdivision keeping the existing single-family residence with a proposed single-family residence on the second lot on a 48,744 square foot lot in the R-22 district does not require the applicant to pay an impact fee, in accordance with the Rockland County Sewer Use Law as last amended in 2010.

However, if the use or occupancy of either lot exceeds on (1) unit (e.g. with an additional dwelling unit or a home occupation), the District will require further review and the owner will have to pay an impact fee. 2. Details for sanitary sewer construction must comply with the District’s construction standards and should be shown on the plan. 3.

Details for the sanitary sewer connection are subject to approval by the Town of Clarkstown. 5. Rockland County Department of Health, dated January 28, 2026: 1. Application is to be made to the Rockland County Health Department for sanitary sewer extension approval. 2. Application is to be made to the RCDOH for review of the storm water management system for compliance with the County Mosquito Code. 6.

Deputy Town Attorney Hobbs, dated June 24, 2026: 1. Provide a Stormwater Management Agreement for review.

2 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 3 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 52.

20-1-21 upon which a single-family dwelling currently exists, will create one new parcel for the development of an additional legal 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 Bertolino, Seconded by Perrone and carried 5:0 with Ayes of Metcalf, Streitman and DeGaetano the following resolution was adopted: PLANNING BOARD RESOLUTION FINAL APPROVAL MULBERRY HEIGHTS, SD 52.20-1-21 (FKA 137-A-12), VALLEY COTTAGE WHEREAS, an application was received for a proposed residential two lot subdivision.

Proposed Lot 1 will retain the existing dwelling and driveway, with continued access off of Lake Road. Proposed lot 2 will be developed with a dwelling and driveway, with access from Mulberry Road. The property is located in 1.

13 acres of R-22 zoned land on the south side of Lake Road approximately 240 feet east of Elliot’s Alley in Valley Cottage, and WHEREAS, an EAF dated November 18, 2025, Lead Agency Letter dated December 24 2025, and SD Plat dated September 11, 2025 with last revision date of November 11, 2025 was distributed for review by Report and Recommendations dated December 26, 2025 to eleven (11) interested and involved agencies, and

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PUBLIC HEARING AT PRELIMINARY & FINAL:

ARCHDIOCESE VALLEY COTTAGE (ST.

PAULS)

SD & SL, 52.11-1-19 (110-A-4), VALLEY COTTAGE: Proposed 3 lot subdivision consisting of a school on Lot 1, single family residential on Lot 2 and a convent on Lot 3 with lot 3 to be converted from an institutional use to a residential use. The property is located on 10.46 acres of R-22 zoned land on the southeast corner of the intersection of Kings Highway and Gilchrest Road in Valley Cottage.

(365 Kings Highway, Valley Cottage, NY 10989) Chairman Metcalf recused himself and directed Vice-Chairman Bertolino to chair the public hearing for this application. Vice-Chairman Bertolino recognized Patrick Loftus, attorney for the applicant, Kyle Bardwell, engineer for the applicant, Reverand Vladimir Chripko, pastor of St.

Paul’s parish and Andy Dolce member of the Parish Council and the Finance Committee at the Parish. Vice-Chairman Bertolino read the project description and the background information. Mr. Loftus stated the application has been before the Planning Board, Town Board and Zoning Board of Appeals. Mr. Loftus stated that all comments are acceptable and will be addressed.

The application is ready for preliminary and final approval. The Board members had no questions.

The following comments were read into the record at this meeting or a prior meeting: Building Plans Examiner Maneri, dated June 15, 2026; First Deputy Director of Engineering & Management Wagner, dated June 24, 2026; Principal Planner Simoes & Senior Planner Creighton dated June 16, 2026; Clarkstown Fire Inspector, dated June 8, 2026; Clarkstown Highway Department, dated June 10, 2026; Rockland County Department of Planning, dated January 9, 2026; Rockland County Sewer District No.

1, dated January 22, 2026; Rockland County Department of Health, dated January 12, 2026 and the Rockland County Drainage Agency dated December 30, 2025.

5 WHEREAS, an EAF dated December 2, 2025, Lead Agency Letter dated December 10, 2025, and Subdivision Plat dated November 6, 2025 with last revision date of December 2, 2025 was distributed for review by Report and Recommendations dated December 12, 2025 to fifteen (15) interested and involved agencies, and WHEREAS at the January 14, 2026 the Planning Board meeting, the applicant was granted a negative declaration, a waiver of submittal requirements and a referral to the Zoning Board of Appeals, and WHEREAS, the ZBA granted all requested variances on May 18, 2026 via the Decision filed on June 30, 2026 for

appeal #4467, and WHEREAS, the AHRB granted the applicant a waiver of AHRB review, and WHEREAS, The Town Board granted a historic road certificate of appropriateness on February 24, 2026, and WHEREAS, the public hearing was closed at the June 24, 2026 public hearing, and NOW THEREFORE BE IT RESOLVED, that the Planning Board, grants Preliminary SD approval to Archdiocese Valley Cottage (St. Pauls) SD 52.

11-1-19 (110-A-4), Valley Cottage and the Subdivision Plat dated November 6, 2025 with last revision date of May 19, 2026 subject to the following conditions: 1. Building Plans Examiner Maneri, dated June 15, 2026: 1. Add note to Bulk Table with date and resolution number from ZBA. Add map note that variances will expire one year from date of Chairman’s Endorsement, on subdivision plat and site plan. 2.

Remove “NOT FOR CONSTRUCTION” plans prior to Chairman’s Endorsement. 3. Label Drawing C-130 as FINAL prior to Chairman’s Endorsement. 4. A signature block is required for the Rockland County Drainage Agency on the Subdivision Plat. 5. Add map note referring to the resolution issuing a Certificate of Appropriateness. 2. Deputy Director of Engineering Wagner, DEFM, dated June 24, 2026: 1.

Provide copy of filed agreement for private sanitary sewer easement over lot 1 to benefit lot 3 prior to Chairman’s Endorsement. 6 subdivisions (three or more lots). An FEAF must be prepared and provided for this project. 5. A review must be completed by the Rockland County Sewer District No. 1, any comments or concerns addressed, and all required permits obtained. 6.

We request the opportunity to review the variances needed to implement the proposed subdivision, as well as any future subdivisions of Lot 2, as required by New York State General Municipal Law, Section 239-m & n. 7.

Once a subdivision 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. 8. Pursuant to General Municipal Law (GML) Section 239-m and 239-n, if any of the conditions of this GML review are overridden by the board, then the local land use board must file a report with the County Commissioner of Planning of the final action taken.

If the final action is contrary to the recommendation of the Commissioner, the local land use board must state the reasons for such action. 9. In addition, pursuant to Executive Order 01-2017 signed by County Executive Day on May 22, 2017, County departments are prohibited from issuing a County permit, license, or approval until the report is filed with the County Commissioner of Planning.

The applicant must provide to any County agency which has jurisdiction of the project: 1) a copy of the Commissioner report approving the proposed action; or 2) a copy of the Commissioner of Planning recommendations to modify or disapprove the proposed action, and a certified copy of the land use board statement overriding the recommendations to modify or disapprove, and the stated reasons for the land use board’s override.

5. Rockland County Sewer District No. 1, dated January 22, 2026: 1. 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 at https://www.rocklandcountyny.

gov/departments/sewer- district-1/permits-forms and approved by this office before any sewage from the proposed house of worship is discharged into the District's sewerage system. The owner or principal must sign the wastewater questionnaire. 2. The details for sanitary sewer construction must comply with the plans District's construction standards and be shown on the plans. 3.

Details for the sanitary sewer connection are subject to approval by the Town of Clarkstown. 7 PLANNING BOARD MONEY IN LIEU OF LAND RESOLUTION ARCHDIOCESE VALLEY COTTAGE (ST. PAULS) SD & SL 52.11-1-19 (110-A-4), VALLEY COTAGE WHEREAS, in 2025, Fr. Vladimir Chripko DBA The Roman Catholic Church of St. Paul and St.

Anne of the Assumption (or “the Applicant”) applied to the Town of Clarkstown Planning Board for a three-lot subdivision consisting of a school on Lot 1, a single-family residential use on Lot 2 and a convent on Lot 3 to be converted from an institutional use to a residential use, involving tax parcel 52.11-1-19, a 10.

46 acre parcel of R-22 zoned land on the southeast corner of the intersection of King’s Highway and Gilchrest Road in the hamlet of Valley Cottage, 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 8 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 three-lot subdivision of tax parcel 52.

11-1-19 upon which a school and convent currently exist, will create one new parcel for the development of an additional 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.

9 was distributed for review by Report and Recommendations dated December 12, 2025 to fifteen (15) interested and involved agencies, and WHEREAS at the January 14, 2026 the Planning Board meeting, the applicant was granted a negative declaration, a waiver of submittal requirements and a referral to the Zoning Board of Appeals, and WHEREAS, the ZBA granted all requested variances on May 18, 2026 via the Decision filed on June 30, 2026 for

appeal #4467, and WHEREAS, the AHRB granted the applicant a waiver of AHRB review, and WHEREAS, The Town Board granted a historic road certificate of appropriateness on February 24, 2026, and WHEREAS, the public hearing was closed at the June 24, 2026 public hearing, and WHEREAS, preliminary subdivision approval was granted at the June 24, 2026 public hearing, and NOW THEREFORE BE IT RESOLVED, that the Planning Board, grants Final SD approval to Archdiocese Valley Cottage (St.

Pauls) SD 52.11-1-19 (110-A-4), Valley Cottage and the Subdivision Plat dated November 6, 2025 with last revision date of May 19, 2026 subject to the conditions of preliminary approval. On a Motion of Streitman, Seconded by Perrone and carried 5:0 with Ayes of Metcalf, Bertolino and DeGaetano the following resolution was adopted: PLANNING BOARD RESOLUTION PRELIMINARY APPROVAL ARCHDIOCESE VALLEY COTTAGE (ST.

PAULS) SL 52.11-1-19 (110-A-4), VALLEY COTAGE WHEREAS, an application was received for a proposed 3 lot subdivision consisting of a school on Lot 1, single family residential on Lot 2 and a convent on Lot 3 with lot 3 to be converted from an institutional use to a residential use. The property is located on 10.

46 acres of R-22 10 WHEREAS, a Money in Lieu of Land Resolution in the amount of $10,550 was adopted at the June 24, 2026 public hearing, and NOW THEREFORE BE IT RESOLVED, that the Planning Board, grants Preliminary site plan approval to Archdiocese Valley Cottage (St. Pauls) SD52.

11-1-19 (110-A-4), Valley Cottage and the Site Plan dated November 6, 2025 with last revision date of May 19, 2026 subject to the following conditions: 1. Building Plans Examiner Maneri, dated June 15, 2026: 1. Add note to Bulk Table with date and resolution number from ZBA. Add map note that variances will expire one year from date of Chairman’s Endorsement, on subdivision plat and site plan. 2.

Remove “NOT FOR CONSTRUCTION” plans prior to Chairman’s Endorsement. 3. Label Drawing C-130 as FINAL prior to Chairman’s Endorsement. 4. Add a map note referring to the resolution issuing a Certificate of Appropriateness 2. Deputy Director of Engineering Wagner, DEFM, dated June 24, 2026: 1.

Provide copy of filed agreement for private sanitary sewer easement over lot 1 to benefit lot 3 prior to Chairman’s Endorsement. 2. Provide inspection fees in the amount of $4,038.15. 3. Principal Planner Simoes & Senior Planner Creighton, dated June 16, 2026: 1. Include all standard map notes on the site plan. 2. Remove the signature block for the County Department of Health on the site plan. 4.

Rockland County Planning Department, dated January 9, 2026: 1. As required by the Rockland County Stream Control Act, the subdivision plan 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 Rockland County Highway Department, all comments or concerns addressed, and all required permits obtained. 3. All major subdivisions, i.e., those with three or more lots, must be reviewed and approved by the Rockland County Department of Health (RCDOH) prior to filing with the county clerk.

RCDOH is mandated by New York State law to ensure that such subdivisions will have both an adequate and satisfactory water supply and adequate and satisfactory sewerage facilities.

11 Planning recommendations to modify or disapprove the proposed action, and a certified copy of the land use board statement overriding the recommendations to modify or disapprove, and the stated reasons for the land use board’s override. 5. Rockland County Sewer District No. 1, dated January 22, 2026: 1. 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 at https://www.rocklandcountyny.gov/departments/sewer- district-1/permits-forms and approved by this office before any sewage from the proposed house of worship is discharged into the District's sewerage system. The owner or principal must sign the wastewater questionnaire. 6.

The details for sanitary sewer construction must comply with the plans District's construction standards and be shown on the plans. 7. Details for the sanitary sewer connection are subject to approval by the Town of Clarkstown. 8. Any existing sewer connection proposed to be abandoned must be plugged between the edge of the right-of-way and the curb line with a permanent watertight plug or cap encased in concrete.

9.

Approval of this application and the variances for the subdivision of an existing parochial school with a convent into three (3) lots, one 244,399 square lot containing the existing school, one 33,263 square foot lot having a convent that will be converted to a single-family residence and a 170,669 square foot lot for a 5-lot subdivision with five (5) future single family residences use on a 448,331 square foot lot in the R-22 District, does not require the applicant to pay an impact fee, in accordance, with the Rockland County Sewer Use Law as last amended in 2010.

However, if the use or occupancy of the property exceeds thirteen (13) units (e.g., with a pastor's or caretaker's residence or apartment, additional residential units, guest suites, a daycare center, ancillary use as a catering hall for weddings, or increase of the enrollment of the school), the District will require further review and the owner may have to pay an impact fee. 6.

Deputy Town Attorney Hobbs, dated June 24, 2026: 1. Provide a copy of all easements. NOW THEREFORE BE IT RESOLVED, that the Planning Board, grants Preliminary site plan approval to Archdiocese Valley Cottage (St. Pauls) SL 52.

11-1-19 (110-A-4), Valley Cottage and the Site Plan dated November 6, 2025 with last revision date of May 19, 2026 12 WHEREAS, the ZBA granted all requested variances on May 18, 2026 via the Decision filed on June 30, 2026 for

appeal #4467, and WHEREAS, the AHRB granted the applicant a waiver of AHRB review, and WHEREAS, The Town Board granted a historic road certificate of appropriateness on February 24, 2026, and WHEREAS, the public hearing was closed at the June 24, 2026 public hearing, and WHEREAS, preliminary and final subdivision approval was granted at the June 24, 2026 public hearing, and NOW THEREFORE BE IT RESOLVED, that the Planning Board, grants Final SD approval to Archdiocese Valley Cottage (St.

Pauls) SD 52.11-1-19 (110-A-4), Valley Cottage and the Subdivision Plat dated November 6, 2025 with last revision date of May 19, 2026 subject to the conditions of preliminary approval. On a Motion of Streitman, Seconded by Perrone and carried 5:0 with Ayes of Metcalf, Bertolino and DeGaetano the following resolution was adopted: PLANNING BOARD RESOLUTION PRELIMINARY APPROVAL ARCHDIOCESE VALLEY COTTAGE (ST.

PAULS) SL 52.11-1-19 (110-A-4), VALLEY COTAGE WHEREAS, an application was received for a proposed 3 lot subdivision consisting of a school on Lot 1, single family residential on Lot 2 and a convent on Lot 3 with lot 3 to be converted from an institutional use to a residential use. The property is located on 10.46 acres of R-22 10 Mr.

Emanuel stated that the benefits to the Town include the reimbursement to the Town for the cost of a traffic light that was installed at North Main Street and Heritage Drive. That cost has been estimated at $167,000. The reimbursement for that light was a commitment made by the prior owner of the property and this applicant has agreed to live up to that commitment.

The flood drainage improvements were estimated in 2023 at $770,000. By the time the improvements are installed, the cost will be more than $1,000,000. The improvements will provide flood benefits to this site and everything upstream including the New City Condos.

The following comments were read into the record at this meeting or a prior meeting: Building Plans Examiner Maneri, dated February 5, 2026; First Deputy Director of Engineering & Facilities Management Wagner, dated June 24, 2026; Principal Planner Simoes & Senior Planner Creighton dated February 6, 2026; Clarkstown Fire Inspector, dated January 27, 2026; Clarkstown Highway Department, dated June 16, 2026; Rockland County Department of Planning, dated February 10, 2026; Rockland County Sewer District No.

1, dated February 11, 2026; Rockland County Department of Health, dated February 10, 2026 and the Rockland County Drainage Agency dated March 31, 2025, and AKRF, dated February 11, 2026. First Deputy Director of Engineering Wagner stated that he is recommending additional green infrastructure such as porous pavement. Mr. Emanuel responded that we will review it. Mr.

Wagner stated that the applicant can address Rockland County comment #4 by creating some additional flood plains and using more natural measures. The overbank channel is a natural measure. The applicant could propose some wetland restoration which is one of the methods shown in FEMA’s resiliency guide and used in green infrastructure, land conservation, etc. Mr.

Wagner stated that this is a class A stream requiring a joint application to the NYSDEC and the ACOE. The Town’s role is to ensure a permit is granted from the ACOE and the NYSDEC before any disturbance of the stream. The permit will dictate the mitigating measures that have to be performed. Mr.

Emanuel stated that the applicant has been working with the Town, FEMA and the Rockland County Drainage Agency (RCDA) for close to 10 years and we have obtained a Conditional Letter of Map Revision (CLOMR) which is an indication of their agreement. The agencies are aware of this application. 14 NYSDEC wetlands on the site. The applicant will work with the Town to get the AAR designation.

The applicant wanted to have the public hearing to familiarize the Board and the public with the project. Mr. Emanuel requested that the Planning Board issue a positive recommendation to the Town Board which would save 60 days and eliminate the referral process. In response to Mr. Wagner’s written comment #3 regarding the adjustment of the easement limits over the Demarest Kill. Mr.

Emanuel agreed that the easement should not interfere with the conservation easement. Mr. Wagner stated that nothing should be placed in the overbank storage area. Ms. Tarallo of AKRF stated that the applicant moved the crosswalk to the northern driveway with the flashing beacon as requested. Principal Planner advised the applicant to review the results of the 303/304 study.

Deputy Town Attorney advised the applicant to provide a stormwater maintenance agreements a conservation easement, a drainage easement and a lot line disclaimer. Vice-Chairman Bertolino called for the public hearing. Steve Zagland resident of the New City Condos expressed concern with flooding and stated the improvements are not going to work.

First Deputy Director of Engineering Wagner stated that the proposed improvements are substantial at a cost of approximately one million dollars. Squadron Boulevard is being taken out of the flood plain which will benefit New City condos.

A low spot that allowed flooding in the past will be eliminated and a floodwall will be created along the north side of the property which will keep the floodwaters within the Demarest Kill. In addition to the culvert, overbank flood storage will be created by excavating the stream bank on the south side of the stream.

This excavation will create volume storage and be kept in the area adjacent to the Demarest Kill Stream. FEMA has verified that all the modeling is correct and the finished product is accurate. The CLOMR states that if the mitigation is built the way it is shown then the flood plain elevations are accurate and they are in agreement with the analysis and that has been in place since

2020. 15

CORRESPONDENCE/MISCELLANEOUS: 1. Village of Nyack - Request for a Waiver of Board Review of the expansion of the Nyack Water Treatment Plant – 65.05-2-1, 230 NYS Route 59 in West Nyack Principal Planner Simoes stated that this application was reviewed at TAC. The site is located behind the Dealership near the Palisades Center Mall. Nyack is obligated to treat its water for PFAS.

This application is from a fellow municipality and under the Monroe balancing test there is no need to process this application through the Land Use Boards. As such, Nyack is requesting a waiver. They will still have to go for a building permit and DEFM review. Mr. Simoes recommended a waiver.

On a Motion of Streitman, Seconded by DeGaetano and carried 5:0 with Ayes of Metcalf, Bertolino and Perrone the Board granted a waiver from site plan review based on the Monroe Balancing Test. ______________________________________________________ 2. INTERCOS WAREHOUSE ADDITION, SL 44.08-1-5 (FKA 129-A-5.13), CONGERS - Request for 90-day Extension to October 12, 2026.

On a Motion of Streitman, Seconded by DeGaetano and carried 5:0 with Ayes of Metcalf, Bertolino and Perrone the Board granted an extension of final approval to October 12, 2026.

MINUTES OF PREVIOUS MEETING(S): a. Minutes of the June 10, 2026 Meeting On a Motion of DeGaetano, Seconded by Streitman and carried 5:0 with Ayes of Metcalf, Bertolino and Perrone, the Planning Board minutes of June 10, 2026 were approved. The meeting closed at 8:30 p.m. 16