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| Executive Summary |
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| Introduction |
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| Regional Location |
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| Description of Property |
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| Physical Characteristics of the Site |
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| Topography |
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| Soil Conditions |
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| Wetlands |
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| Water Quality Buffers |
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| Burial of Subsurface Materials |
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| Flood Plain Areas |
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| Description of RPC Campus |
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| Negotiations with New
York State Concerning Buildings
Listed To Be Retained by State |
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| Size of Buildings to Be Conveyed Out By New York State |
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| Evaluation of Existing Buildings |
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| Reuse of RPC Buildings and Grounds |
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| Buildings and Features To Be Saved |
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| Potential Asbestos Removal Costs |
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| Costs of Demolition/Remediation of Existing Buildings & Structures |
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| Middletown Psychiatric Center, Experience of Adaptive Reuse |
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| Infrastructure |
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| Water Supply |
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| Electric and Gas |
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| Telephone |
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| Sanitary Sewers |
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| Conclusions |
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| Site Opportunities and Constraints |
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| Concept Plan A |
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| Concept Plan B |
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| Projected Tax Revenues |
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| Existing Tax Revenues |
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| Development Period Tax Revenues |
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| Post Development Tax Revenues |
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| Single-Family Development at Current R-80 Zoning |
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| Office/Industrial Development |
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| Townhouse/ "Empty-Nester" Uses |
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| Senior Citizen Housing |
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| Retail |
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| Summarizing a Possible Development Scenario |
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| Market Analysis; Office and Industrial Uses |
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| Conclusions |
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| Market Trends |
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| Speculative Office Development Model |
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| Economic Feasibility |
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| Conclusions on Speculative
Office Development Model
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| Renovation of Existing Buildings for Use as Office Space |
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| Speculative Industrial Development Model |
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| Economic Feasibility |
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| Bio-Science Park |
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| Impacts on School Enrollments |
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| Single-Family Developments |
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| Townhouse/ "Empty-Nester" Housing |
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| Senior Communities |
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| Appendix |
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| Anecdotal Experience with
Townhouse/ "Empty-Nester" housing
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| Letter to Thom Kleiner, Town Supervisor, from Michael Osnato, ` Superintendent of Schools, Pearl River School Districct, May 7, 1997. |
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Title |
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Site Development Characteristics
for Buildings,
Soil Conservation Service
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Recreation Limits, by
Soil Types
Soil Conservation Service
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Buildings to Be Retained
by New York State
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Buildings to Be Conveyed
by New York State, Aggregated by Building Size
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Task Force List-RPC Buildings
to be Retained and Conveyed by State of New York
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Potential Asbestos Removal
Costs
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Concept Plan A Land Use
Table
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Concept Plan B Land Use
Table
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Demographic Multipliers
for School Age Children per Dwelling Unit
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Demographic Multipliers
for School-Age Children
American Housing Survey
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Regional/National Demographic
Multipliers by Standard Housing Types, Total Household Size
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Regional/National Demographic
Multipliers by Standard Housing Types, Total School Age Children
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Regional/National Demographic
Multipliers by Standard Housing Types, Total School Age Children, By Grade
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Regional/National Demographic
Multipliers by Standard Housing Types, Total Pre-School Age Children
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Pearl River School District 1993-1998 Enrollments, Regent Diploma Rate, Per Pupil Cost |
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| Regional Location Map |
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| Topography and Steep Slopes Map |
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| Soil Characteristics Map |
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| Wetland Location and Acreage Map |
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| Wetlands and Wetland Buffers Map |
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| Water Quality Buffer Map |
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| Building Numbers Map |
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| Building and Structures Retained By State |
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| Buildings Not to Be Retained By State/By Size |
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| Electric and other Utilities Map |
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| Gas and Utility Tunnel Map |
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| Sanitary Sewer, Chilled Water and Water Supply Map |
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| Storm Water and Telephone Map |
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| Concept Plan A |
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| Concept Plan B |
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Our charge in this report is to present the Town Board of Orangetown with potential alternative development scenarios for the reuse of the Rockland Psychiatric Center (RPC). New York State has offered the Town of Orangetown the right of first refusal for portions of the RPC property. The Town may seek title to all parts of the site being offered, or only selected segments, or decline to purchase any portion of the site.
The site offers the possibility of many different uses. Orangetown wishes to attract job and tax ratables. Accordingly, we have recommended that an area of approximately 56 acres, situated in the southwestern portion of the property, with access to Veteran’s Memorial Drive, be considered for corporate office headquarters, office park use, and / or high-tech flex space.
The site has several existing amenities including a nine-hole golf course known as Broad Acres. In order to maximize the value of the course, we have recommended it be extended, to a full 18 holes. Concurrently, we suggest the development of townhouse / "empty-nester units" / senior citizen housing. These uses will provide the "economic engine", to generate sufficient revenue to offset the costs of the project including:
• site remediation (asbestos, lead paint, elimination of dump sites, etc.); and
• demolition of the unneeded buildings.
If these tax generating uses come into fruition
within the next few years, a number of other opportunities are possible.
The Town has created a task force which has recommended a number of uses
for the RPC site including affordable housing, recreational facilities,
including a townwide swimming pool and a large ballfield (soccer, and Irish
football) , youth center, senior citizen center and housing / facilities
for persons in the performing arts.
The report is designed to provide Orangetown’s Town officials with the greatest amount of information to assist in determining the direction in which the municipality elects to proceed. The plans and alternatives that are presented in the report do not represent the consultants’ solution but rather are designed to assist the Town Board in formulating their own conclusions relative to the site.
The conclusions reached in this report are entirely
our own, however, we could not have prepared this report without the assistance
of the following individuals:
Thom Kleiner, Supervisor
Robert Bergman
Dr. Edward Fischer
Denis O’Donnell
Charles Vezzetti
Bernard Albin, Chairman Architectural Review Committee
Bob Beckerle, Director of Environmental Management and Engineering
John Giardiello, Director of O.B. Z. P. A. E.
Brian Kenney, Tax Assessor
Jim Riley, Esq., Town Attorney
Todd Miles, Esq., Bond Counsel
Task Force Members
Rockland Business Association
Rockland Economic Development Corporation
Matt Sprung, BNE Developers
Michael Cantor, Bears Nest
Brad Kennedy
Village at Old Tappan
James Tully, CB Realty
Karen Glazer, Glazer Realty
Rosemarie Pelatti, New Line Realty
Jim Ferguson, Prudential Rand Realty
Judy Anderson, Advantage Buyer Realty
Susan Krimko Kopec, Weichert Realtors
Jim Stewart, Blue Hills Golf Course
Tom Meyers, Spokeperson for senior citizen groups
John Benz, Rockland Psychiatric Plant Facilities
Malcolm Kasler, AICP, PP
Mara Winokur, Project Manager
Jason Kasler, AICP, PP
Craig Whitaker Architects
Craig Whitaker
Jennifer Friedman
Adria Avilla
Kenneth LeBrun Consultants
Kenneth LeBrun
The Rockland Psychiatric Center (RPC) is owned by New York State and operated by the New York State Office of Mental Retardation and Developmentally Disabled (OMRDD). The advent of pharmaceutical intervention for mental health patients in the 1970’s coupled with a desire to retire debt issued by the State in conjunction with its psychiatric facilities, spawned the deinstitutionalization of mental health facilities. This trend is reflected by the many facilities throughout New York State which have been downsized, including Kings County Mental Health Facility, Letchworth Village, Middletown Psychiatric Center and Harlem Valley Psychiatric Center. According to a document entitled Property Development Project, A New Life for Closing and Downsizing DMH Facilities, authored by the New York State Development Corporation (ESDC), by the year 2000, thirty-one (31) of the fifty-four (54) state mental health facilities will have closed or be significantly reduced in size.
The Rockland Psychiatric Center (RPC) embraces approximately 555 acres of land. It is currently zoned R-80 Rural-Residential by the Town of Orangetown. The State is proposing to sell much of the property while retaining the Children’s Psychiatric Facility, The Adult Inpatient Facilities, The Cook-Chill plant and other various facilities. The Town of Orangetown has been afforded the right of first refusal to the site, which presents a rare opportunity for the town to plan comprehensively to meet the Town’s needs.
In order to effectively analyze it’s options, the Town of Orangetown initiated a task force comprised of approximately 100 volunteers. The task force committees included a number of subcommittee groups including youth and recreation, senior citizens, land use and planning, buildings, contract negotiations, land, tax revenue and zoning, and economic development and housing. The function of these subcommittees was to infuse community input into the development process and to gather data and information concerning various aspects on the property. Each subcommittee then articulated desired visions for the site’s redevelopment.
Kasler Associates, a planning and community development consulting firm, in conjunction with Craig Whitaker Architects, and Kenneth LeBrun Consultants, were retained by the Town of Orangetown in January of 1998, to perform a planning and pre-development feasibility analysis for the subject site. Our overall mission was to analyze a number of development scenarios and their economic implications for the Town of Orangetown.
Each development scenario was explored in light of its planning, economic and architectural viability by utilizing geographic information systems technology and economic modeling. The analysis considered full reuse of existing buildings, their demolition and/or their partial reuse.
The balance of this report will document existing conditions, financial and architectural feasibility studies and impacts on the municipal tax structure and various municipal services.
The report’s conclusions consider community needs, physical conditions of the Rockland Psychiatric Center, the real estate market, various alternative development scenarios, and the results of meetings conducted with municipal officials, community groups and task force subcommittee members.
It should be noted that report is only a first phase. These uses and the environmental issues and potential impacts they engender must be addressed in an environmental impact statement (EIS) in order to comply with the State Environmental Quality Review Act, before the property is redeveloped.
The Rockland Psychiatric Center (RPC) occupies approximately 555 acres of land and water of which nearly 391 acres will be sold or otherwise conveyed by the State of New York. The RPC is situated in the geographic center of the Town of Orangetown.
The site is situated in the southeastern portion of Rockland County adjacent to the Palisades Interstate Parkway, Exit 6, as noted on the accompanying regional location map. The property enjoys good regional access to Westchester County via the Tappan Zee Bridge, located approximately 6 miles from the site, and to Bergen County, New Jersey, approximately 3/4 mile from the site. New York City is approximately 15 miles away and is accessible vis-a-vis the Palisades Interstate Parkway and the George Washington Bridge. The New York State Thruway, the Garden State Parkway, Route 9W and Route 59 are all within several miles of the property in question.
The site lies north of Veteran’s Memorial Drive, a major four-lane east/west thoroughfare and south of Convent Road. Convent Road is a two-lane roadway that is predominantly developed with residential uses and a few local retail neighborhood uses. RPC is bordered on the west by the Lake Tappan Reservoir, a potable water supply system serving Northern New Jersey. Several tracts of single family homes are located south of the property, as is the Town Veteran’s Memorial Park.
Surrounding uses in the vicinity of the property consist of a mixed fabric of single-family detached residential homes, a 27 hole public golf course, the Blue Hills office tower complex, and the Pearl River Hilton hotel.
Mercedes Benz recently announced the relocation of their corporate headquarters to a site east of the Blue Hills Complex and west of the RPC property. However, Mercedes Benz is currently reevaluating this decision. Reference to Mercedes Benz in the report should take this recent announcement into account.
insert regional map
The RPC site occupies approximately 555 acres of land and water. Of this total, 47 acres of land are situated beneath Lake Tappan (water rights) and cannot be built upon. A portion of the remaining acreage, some 508 acres, consists of lands improved with buildings and structures, roadways, utilities and other facilities. The remainder of the site is essentially undeveloped and vacant.
The State of New York proposes to retain approximately 50 buildings and structures as part of a reduced Rockland Psychiatric Center. The specific buildings and structures to be retained are noted in Table 3 herein. These facilities are divided into separate but related areas as follows:
• The mid-rise buildings located in the east central portion of the RPC site, inclusive of the principal administrative building, three residential buildings, a Catholic church and a Protestant church / synagogue building. This area totals approximately 37 acres.
• The Nathan Kline Institute (NKI) in the central portion of the RPC campus. Although this facility is privately owned, for the purpose of this report, this facility is still considered a part of the State’s holdings. The NKI complex totals approximately 27.5 acres.
• Several buildings which are necessary for the present operation of the RPC, including the power plant building, the work control shop, and the firehouse / transportation building are in a connected area west of Third Avenue totalling almost 6 acres.
• The State also proposes to retain Buildings 16 and 42, situated south of Maple Street. These facilities occupy approximately 2 acres separated from the remaining structures in the hospital complex. As noted later, we recommend that the occupants of these structures be relocated to the Staff Court Area. Several other buildings proposed to be retained by the State would also be affected by the proposed redevelopment plans. For discussion on this subject see page 42.
• The Cook-Chill building located south of Old Orangeburg Road and several small residences along Blaisdell Road are also to be retained. This area totals approximately 8 acres.
• We recommend that the EMS services located in buildings 139 and 141 be relocated to the firehouse.
• Several buildings situated south of Old Orangeburg Road are also to be retained. These facilities occupy about three acres and are comprised of a large single-family residence and an early Dutch Colonial house of historic worth at the corner of Veteran’s Memorial Drive and Blaisdell Road.
• Additionally, RPC also includes two off-tract cemeteries (nondevelopable) totalling approximately eight acres and an 8 acre site off Fern Oval. It is uncertain whether the 8 acre Fern Oval site is included as part of the sale.
Site characteristics including topographic elevations, soil conditions, areas identified as wetlands, and vegetative characteristics will play an important role in the overall redevelopment of the RPC property.
Topography
The topography of the subject site is varied and in some areas quite steep. The land generally slopes from east to west. The highest elevations are 250+/- feet above sea level along the easterly side of the present nine hole golf course. The land drops to elevations of approximately 55 feet at the edge of Lake Tappan along the westerly side of the property.
The varying elevations of the site coupled with many mature trees and landscaped areas are one of the sites principal amenities, and can serve to enhance the man-made and natural environment in the future. The steepness of the land, drainage conditions, soil erosion etc. serve as major impediments to the redevelopment of the site.
A general analysis of the site indicates approximately 50 acres of the site contain grades of 10 percent or greater and approximately 21 acres of the site contain grades of 15 percent or greater. This aggregated acreage corresponds to approximately 13 and 5 percent respectively of the 391 acres total acres being offered for sale.
The topography and steep sloping areas of the subject site are noted on the map on page 12.
Soil Conditions
The United States Department of Agriculture, Soil Conservation Service, has prepared a study of soil conditions for Rockland County. The forward to the report states the following:
This soil survey is designed for many different users. Farmers, foresters and agronomists can use it to evaluate the potential of the soil and the management needed for maximum food and fiber production. Planners, community officials, engineers, developers, builders, and home buyers can use the survey to plan land use, select sites for construction, and identify special practices needed to ensure proper performance. Conservationists, teachers, students, and specialists in recreation, wildlife management, waste disposal, and pollution control can use the survey to help them understand, protect and enhance the environment.
Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are shallow to bedrock. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited for basements or underground installations.
These and many other soil properties that affect land use are described in this soil survey. Broad areas are shown on the general soil map. The location of each soil is shown on the detailed soil maps. Each soil in the survey area is described. Information on specific uses is given for each soil. Helping in using this publication and additional information are available at the local office of the Soil Conservation Service or the Cooperative Extension Service.
insert steep slopes map
This soil is deep, nearly level and very poorly drained. It is (located) in broad drainageways or depressed areas of dissected till plains and in depressed areas of bedrock-controlled uplands.
The Soil Conservation Manual notes the following:
Surface Runoff: Slow or Ponded
Depth to Bedrock: More than 60 inches
Local Streets: Frost action and prolonged periods with water at or on the surface are major limitations.
Recreation: Prolonged periods in which water is at or on the surface and the organic material in the soil represents the main limitations. The water in the soil during much of the year reduces accessibility.
This soil is deep, nearly level, and very poorly drained. It is located on flood plains of the larger streams in the county. The areas are commonly long and narrow and range mainly from 10 to 50 acres. Slopes are less than 1 percent.
The Soil Conservation manual notes the following:
(November to June)
Surface Runoff: Very slow
Depth to Bedrock: More than 60 inches
Flooding: Brief (November to June)
Use Restrictions
Local roads
and streets: Low strength, wetness and flooding are the major limitations.
Recreation: Flooding and prolonged periods during which water is at or on the surface are the main limitations.
This soil is very deep, nearly level and somewhat poorly drained. It is (located) on lake plains adjacent to perennial streams.
The Soil Conservation manual notes the following:
Surface Runoff- Slow
Depth to Bedrock- More than 60 inches
Use Restrictions-
Local streets: Seasonal wetness is the main limitation.
Recreation: Seasonal wetness is the main limitation.
This soil is very deep, moderately steep and well drained. An area of approximately 11.8 acres is located in the west central portion of the property due east of the Lake Tappan area.
Surface Runoff: Rapid
Depth to Bedrock: More than 60 inches
Use Restrictions
•Local Streets: Slope is the main constraint.
This unit consists of somewhat poorly drained to very poorly drained soils that have been altered mainly by filling. This unit is ( located) mainly in low areas, such as depressions, drainageways and tidal marshes. On-site investigation is needed to determine the suitability of this unit for any use.
In total, the Soil Conservation Service has indicated that 44.0 acres of the site contain severe constraints for development. Severely constrained areas occupy approximately 11 percent of the site that are being disposed of by the State of New York.
insert table 1 site development characteristics
insert table 2-site development characteristics
Wetlands
New York State Department of Environmental Conservation (NYSDEC) has jurisdiction over wetlands which are over 12.4 acres in size and are mapped and other wetlands of "unusual local importance". DEC regulates activities occurring within designated freshwater wetlands. A review of the NYSDEC wetlands maps for the Nyack Quadrangle does not depict any such wetlands on the property.
However, the United States Army Corps. of Engineers (ACOE) has jurisdiction over any wetland area greater than 0.33 acres. Because there are several wetlands on the site greater than 0.33 acres, ACOE regulations will supersede the NYSDEC’s. These regulations have become the national standard for identifying and classifying wetlands. A review of the maps for the Nyack Quad indicates several areas of federally designated wetlands.
The Army Corps. in conjunction with USEPA utilize National Fish and Wildlife Inventory (NWI) maps to delineate wetlands. The U.S Fish and Wildlife Service has created a wetland classification and definition system in order to effectively inventory existing wetlands and deepwater habitats.
In developing a definition of a wetland, the Service acknowledges that there is "no single, correct, indisputable ecologically sound definition for wetlands, primarily because of the diversity of wetlands and the demarcation between wet and dry environments lies along a continuum."
The multidisciplinary definition of a wetlands utilized by U.S. Fish and Wildlife Service is based on three attributes:
• the substrate is primarily undrained hydric soil;
• the substrate is nonsoil and is saturated with water or covered with shallow water at some time of the year.
According to an Existing Conditions Study prepared by Lawler, Matusky and Skelly Engineers in April of 1995, the RPC site is located downstream of the United States Geological Survey (USGS) designated headwaters location of the Hackensack River. Headwater location is defined as the point where the average stream flow exceeds 5 cubic feet/second. Due to its location, no fill (without mitigation) of any wetland area is permitted with the exception of utility line installations, road crossings and minor (less than 25 cubic yard area) fill.
As a result of these studies, and our own field observations, in which we noted many apparent wetlands areas which did not appear on either NYSDEC or NWI maps, we recommended the Town Board retain a wetland expert to undertake a preliminary field investigation.
Accordingly, the Town retained the services of the firm EcoLogic. John H. Roebig Ph.D., of the firm EcoLogic, undertook a preliminary on-site field investigation and has indicated an extensive network of wetlands on the site. Several wetlands areas were identified and delineated by Dr. Roebig. By translating the Global Positioning System (GPS) technology into Geographic Information System (GIS) format, a total wetland area was calculated. (See wetland maps pages 23 and 24.) It should be noted that Mr. Roebig’s delineation is generally consistent with the Soil Conservation Service estimates of "wet soils". Although Dr. Roebig’s conclusions are preliminary, it appears that many more wetland acres are indicated than shown on the existing maps which affect the reuse of the property.
The field verified wetlands are scattered throughout the site, but there are six principal locations where the majority of the wetlands are situated, noted as follows:
• An area of approximately 16.2 acres located west of the 10 acre ballfield and NKI building and north of Old Orangeburg Road;
• An area of approximately 7 acres located west of the Cook-Chill building between Old Orangeburg Road and Veteran's Memorial Drive;
• An area of approximately 4.58 acres located east of Blaisdell Road and north of Veteran's Memorial Drive;
• An area of approximately 2.46 acres located in the southeast portion of the tract located along the intersection of Old Orangeburg Road with Veteran's Memorial Drive; and
• An area of approximately 2.34 acres located in the northcentral portion of the site, east of First Street.
The total wetland acreage on the RPC site is approximately 48 acres.
If NYSDEC were to retain jurisdiction over the two largest wetland areas (which exceed 12.4 acres), an additional 100 foot buffer would be required at their perimeter (since they may drain into a potable water supply system). The 100 foot wetland buffer would increase the area constrained for development by approximately 28.8 acres. The total acreage dedicated to wetlands and wetland buffers would therefore total approximately 77.9 acres.
.insert wetland acreage map
insert wetland buffer map
Water Quality Buffers
Lake Tappan is a source of drinking water, and therefore must be protected from both point and non-point sources of pollution. One obvious method of protecting the lake from surrounding development is to establish a water quality buffer of undeveloped lands on the lake’s perimeter.
Elizabeth Moran of the firm EcoLogic, has addressed the role of buffers in protecting water quality, as well as the particular site-specific factors influencing attenuation of contaminants in ground and surface waters.
... (Water quality) buffers can protect both groundwater and subsurface water supplies by slowing water runoff trapping sediment, and enhancing water infiltration. They also trap a variety of pollutants including fertilizers, pesticides, bacteria, pathogens, and heavy metals. The organic material develops in a vegetated buffer can provide sites for physical and chemical sorption and biochemically-mediated breakdown of pollutants.
In addition to water quality protection, buffers can serve a number of other functions such as providing natural habitat for wildlife and improving fish habitat. Schueler (1995) lists twenty benefits of urban stream buffers including flood control, mitigation from stream warming, providing areas for present or future greenbelts, and the protection of associated wetlands.
Streamside buffers consisting of plantings of trees, shrubs, and grasses are called riparian buffers. These buffers can help restore damaged streams by restoring base flow and intercepting contaminants from both surface water and ground water. If riparian buffers are wide enough, the buffer can include riverine and palustrine wetlands that are frequently found along the stream corridor. Another strategy is to maintain separate buffer areas adjacent to each wetland. A wetland buffer provides the same functions to the wetland as a vegetated buffer provides to a stream corridor. These functional benefits include water- quality improvements (trapping sediments, organic compounds, pesticides, and other potential pollutants before they reach the wetland) and habitat enhancement. Many of the secondary functions such as flood control and open space preservation are evidenced as well.
How well a particular buffer functions, depends on its design with respect of the sensitivity of the receiving water, hydrology, site soils and slopes, and the mass, loading and type of pollutants it is to remove. Optimal design is site-specific. The optimal width of a buffer varies depending on the sensitivity of the receiving water (lake, stream or wetland), the condition of upland potential pollutants, and the degree of water quality protection desired. Urban stream buffers range from 20 to 200 feet in width on each side of the stream according to a national survey of 36 local buffer programs, with a median of 100 feet (Hearty, M. 1993).
The effectiveness of a buffer is also influenced by how well it is maintained. One of the main problems of maintaining buffers is the 'invisibility' of the buffer boundaries to owners, contractors and the public. Most buffers end up with a significant amounts of disturbance. A study of buffers ranging from two to eight years old found that 95 percent of the buffers showed visible signs of alteration. Forty percent of the buffers had been altered by human activity that their capability to protect the adjacent wetland was severely compromised (Cooke, 1991).
Schueler (1995) has concluded [that] effective buffers are divided into a number of lateral zones [termed] inner core, middle zone, and outer core. Each zone has its own defined width, particular vegetation target, and each has its own allowable uses (the most restricted near the stream). This researcher further concluded that educational and enforcement tools need to be incorporated into project planning in order for buffers to meet their water-quality objectives.
Setback Restrictions
In Massachusetts, the Rivers Protection Act, Chapter 258 of the Act of 1996, applies to nearly 9,000 mile of riverbanks. The law creates a 200-foot riverfront area that extends on both sides of rivers and streams. The law is intended to protect the natural integrity of the rivers and to encourage and establish open space along rivers.
Setback requirements for the edges of lakes are a common means of protecting the integrity of lakes and reservoirs. For example, a number of municipalities (e.g. Arietra in the Adirondack Park) have specific shoreline restrictions for particular land uses. For example, buildings are required to be at least 100' from water courses; leaching fields need to be at least 150' from the waters edge; and any active agriculture cannot be closer than 300' from any surface water course. (Arietta Process, 1974).
Shoreline zones may be designated as "critical environmental areas" in New York, thus triggering a State Environmental Quality Review Act (SEQRA) review and a positive declaration for development within this zone. Projects within a designated critical environmental area are then subject to greater scrutiny. Typically, a 100 ft zone is designated as the critical environmental area.
Setbacks also vary by land use. For example, throughout the Adirondack Park Land Agency, the principal building setback from lakes, ponds, rivers, and streams varies with land use as follows:
Low intensity and rural use areas = 75'
Resource management = 100'
Sewage drainage field = 100'
Wetland/Stream Buffers
Wetland buffers provide an ecological transition zone from uplands to freshwater wetlands, which is an integral part of the freshwater wetland ecosystem. They provide temporary refuge for freshwater wetlands fauna during high water, critical habitat for animals dependent upon but not resident in freshwater wetlands, and slight variations of freshwater wetland boundaries over time due to hydrologic or climatologic effects. In addition, the buffer areas provide many of the water quality functions of the wetland itself. Among these critical functions is trapping sediment and improving the quality of storm water control, thus reducing the adverse impacts of development on wetland species and community structure. The need for and extent of buffers varies with the sensitivity of the wetlands, existing and proposed land uses, and the degree of protection desired.
Similar to vegetated filter strips, certain wetlands provide a variety of water quality functions such as trapping sediments and transforming pollutants. In general, however, wetlands derive their ability to renovate pollutants from their locations within the landscape more than their hydrologic process. Hydric soils are less effective as buffers than non-hydric soils. Therefore, since wetlands may be poor buffers and are themselves often critical resources, wetlands themselves should be buffered in many cases. McKague et. al. (1996) concluded that a 90' buffer was required to provide adequate protection to a wetland from adjacent development.
In some states (including New Jersey) wetlands are classified by resource value. The size of the regulatory buffer area, termed the transition zone, varies depending on the resource value. Ordinary wetlands have no transition areas, wetlands of intermediate resource value are required to maintain 50 feet transition zones. Wetlands of exceptional resource value are required to maintain 150 feet buffers. In cases of EPA priority wetlands, the review jurisdiction is extended to the wetland drainage (or watershed) area.
In New York State, a 100-foot buffer is specified for any State designated wetland. Many municipalities (e.g. Bedford., Mt Kisco) place l00-foot buffers on all wetlands.
The Lake Tappan wetlands have a wide range of habitat values and functional roles. Some are relatively undisturbed but the majority of them have a significant degree of human disturbance. A number have been filled or impacted by construction and household debris while others have storm-water runoff being directly discharged into the wetlands. These wetlands have been seriously impacted and altered and in many cases are now completely dominated by nuisance species such as common reed (Phragmites australis). An aggressive restoration and wetland buffer program could restore these wetlands and protect them from any further degradation.
Acceptable Uses Within Steam and Wetland Buffers
Stream and wetland buffer areas may be subject to great pressures from property owners and adjacent users. Determining what is an acceptable use in a buffer area can be difficult. Often, there is a need to reconcile many different competing and very strong pressures in buffer areas. This is particularly so of recreation, water dependent uses, utilities, and best management practices. The three-stage buffer concept described above would lend itself to different uses specified for each zone.
A means of improving the water quality function of buffers is the development of buffers specifically designed for the primary function desired. Vegetated treatment systems are a combination of vegetative filter strips and constructed wetlands designed to remove sediment and other pollutants from surface water runoff. This can be accomplished by a combination of filtration, deposition, infiltration, adsorption, absorption, decomposition, and volatilization. Vegetated treatment systems can be designed and constructed to perform some of these water quality functions.
Summary and conclusion
The Rockland State Psychiatric Institution site is a very diverse site with very high recreational and habitat potential. One of the best means of protecting and enhancing this resource is the establishment of lake, stream and wetland buffers throughout the site. A minimum total buffer width of 100 feet seems appropriate and a 200-300 feet buffer would provide added protection for critical areas and be consistent with other localities. Since much of the site in the immediate vicinity of the lake and wetlands have not been developed, the site offers an unusual opportunity to maintain the ecological integrity of the lake, stream, and wetland system. This added protection would be realized in added water quality benefits and avoided filtration costs.
Another alternative is to delineate a buffer zone with a variable width, depending on site specific conditions of soils, slopes, and characteristics of the aquatic and wetland resources. Under this approach, the minimum setback would be in effect throughout the parcel. Additional setback might be required in certain critical areas. This approach has the advantage of consistency with the existing policies of the water purveyor.
We recommend that setback distances for this parcel be developed in a site-specific basis. Adoption of a three-zone buffer system would protect the water resource but still allow nonintrusive, low impact development. The system could be divided into three lateral zones. The specific widths, target vegetation, and allowable uses could be developed on a site-specific basis. The proper use of best management practices (BMP's), sensitive site planning and project design along with this vegetative buffer, wouId maximize the environmental and social benefits of these water resource buffers."2
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Burial of Subsurface Materials and Other Environmental Concerns
On October 31, 1996, PSI Environmental Geotechnician Construction prepared a Phase I Environmental Site Assessment (EAS) of the Rockland Psychiatric Center for Chesterton Biswanger International and the ESDC. The EAS, (Section 8.0 FINDINGS And CONCLUSIONS), notes that there are a number of environmental contaminants present on the RPC site. PSI cites the presence of PCB’s in one of the three existing transformers (building #48), the existence of drums containing pesticides, "snow-free" and deicer. Furthermore, the PSI study revealed that Building 44 housed underground storage tanks ranging in size from 1,000-4,000 gallons containing diesel and unleaded gasoline, waste and fuel oil.
The PSI report further comments on landfilling activities as follows:
During on-site reconnaissance, several trucks were observed dumping excess fill material from the excavation currently taking place at the center sewer treatment facility. No municipal solid wastes were observed in this material. The soil was being deposited in the area to the west of Building 88 (Dump Area No. 1). Also identified in the area west of Building 88 were piles of construction debris. According to RPC officials, this material was deposited from the on-going construction project at Building 35. No municipal solid waste was observed in any of these piles. The dump area occupies approximately two acres.
Dump Area 2, located to the southeast of the sewage treatment facility, is approximately 30 acres in size. The majority of the dumping in this area is confined to a two acre tract approximately 500 yards southeast of the sewage treatment facility. Waste piles in this area are tightly grouped together. Materials include concrete, asphalt, household appliances, municipal solid waste, a 55-gallon drum with unknown contents. The majority of these materials could not be observed due to excessive vegetative cover in the area.
A significant amount of dumping has also taken place along the dirt road behind Building 43. Although not visible from the road, the extent of dumping becomes apparent when walking the adjacent stream bed. In some places, waste is piled 10-15 feet high and covered with a deep layer of grass clippings, leaves, tree limbs and other debris. Wastes include, but are not limited to: dishwashers, washing machines, concrete, tires, cans, buckets, wood, soil, and empty drums.
Dump Area 3 is located behind Building 123 and contains hundreds of tires, the body of a van, landscape, and construction debris. This area was reportedly also used for burying and drainage of drums containing waste oil, transmission fluid, anti-freeze, and other liquid wastes. No obvious evidence of these drums were observed during the site walk. However, the dumping took place over 25 years ago. A significant amount of vegetation has covered the area since.
Dump Area 4 is situated south of Building 84. The fill in materials deposit are similar to those identified in Dump Area 1. RPC officials indicate that this material also comes from the Building 35 construction site.4 "
Accordingly, we recommend a full investigation be performed on-site to precisely identify the magnitude, extent, and location of the environmental problems and potential contaminants, and that the results of this investigation and the costs of remediation be detailed in an EIS prepared for the property.
Flood Plain Areas
According to the National Flood Insurance Program, Community Panel 360686-0002C, dated August 2, 1982 for the Town of Orangetown, New York, the Rockland Psychiatric Center is situated partially within a delineated zone "A" which is described as areas containing the 100 year flood, and partially within delineated zone "C" which are areas corresponding to the 500 year flood which are subject to minimal flooding. This map indicates that the 500 year flood roughly corresponds to the area of Lake Tappan. A hydraulic earthen dam controls the water flow from Lake Tappan, and the average mean high water level is 56 NGVD. Flooding occurs at 76 NGVD, meaning there is a very slight probability of flooding on this site.
A list of buildings provided by the Empire State Development Corporation (ESDC) identifies the structures that are to be retained or disposed of by the State of New York.
The list enumerates a total of 119 buildings and structures. Of that number, a total of 50 buildings and structures, totalling 1,357,244 square feet, is listed to be retained by the State. This information is presented in Table 3 and in a mapped format on pages 39 and 40. The map that appears on page 40 was provided by ESDC and in some cases, is in conflict with other information provided. The total square footage to remain constitutes approximately 53 percent of the total buildings and structures on site.
The listing identifies a total of 69 buildings and structures that are not to be retained by the State. Table 4 indicates these buildings collectively total 1,204,648 square feet of space.
All of the on-site buildings and structures are described by building numbers which are indicated on the accompanying map.
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23,161
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32,182
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29,215
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20,521
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90,118
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81,651
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7,434
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NA
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20,129
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20,833
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20,129
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21,070
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NA
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NA
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NA
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20,521
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NA
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15,383
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14,336
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57,242
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13,464
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13,280
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278,690
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171,163
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72,751
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174,198
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3,335
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3,335
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2,636
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1,330
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483
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Square Feet
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11,882
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11,882
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11,882
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11,882
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5,354
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114
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16,256
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6,591
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240
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45
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NA
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NA
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NA
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30
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2,416
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30
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70,000
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---
1,357,244
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101,808
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84,426
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81,040
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77,410
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71,535
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71,535
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60,105
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57,196
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57,196
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51,662
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50,316
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764,196
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40,006
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30,763
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30,643
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30,008
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29,931
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29,819
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25,059
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21,049
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20,521
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20,265
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278,064
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