1996-06-20
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CHARLES J. CORBALLY 119661
JOHN J. GARTLAND, JR.
ALLAN E. RAPPLEYEA
FRED W, SCHAEFFER
JON HOLDEN ADAMS
MICHAEL G. GARTLAND
VINCENT L. DEBIASE
PAUL O. SULLIVAN'
WILLIAM F. BOGLE, JR.
RENA MUCK EN HOUPT O'CONNOR
ALLAN B. RAPPLEYEA"
-MEMBER N.Y. AND FLORIDA BAR
uMEMBER N.Y. AND CT BAR
CORBALLY, GARTLAND AND RA~~YEA
.Attornevs an~ OInunsdnrs at ~
BARDAVON BUILDING
AUTHORIZED BY TOWN BOARD
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35 MARKET STREET
MILLBROOK OFFICE:
FRANKLIN AVENUE, P.O. BOX 679
MILLBROOK, NEW YORK 12545-0679
914- 677- 5539
POUGHKEEPSIE, NEW YORK 12601-3285
FAX 914-454-4857
FLORIDA OFFICE:
611 DRUID ROAD EAST. SUITE 107
P.O. BOX 10213
CLEARWATER. FLORIDA 34617
813-461-3144
STEPHEN G. WATTS, OF COUNSEL'"
."MEMBER OF FLORIDA BAR ONLY
TELEPHONE 914-454-1110
MILTON M. HAVEN
COUNSEL
EDWARD J. MURTAUGH
SPECIAL COUNSEL
June 20, 1996
Hon. Constance o. Smith
Town Supervisor
Town of Wappinger
Town Hall
20 Middlebush Road
Wappingers Falls, NY 12590
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Dear
R~: Alpine Parking
~~
S erVlsor Smith:
Agreement
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After consultation with the Town Attorney, the enclosed
agreement has been drafted for purposes of addressing the
obligations of Alpine bonding reserve parking spaces in the event
its building activity reaches a level where a completed building
area is greater than 192,150 square feet and equal to or less than
the approved 210,082 square feet. In such circumstance, in
agreement of the Planning Board, Alpine may post a bond rather than
building the parking spaces for the final 17,900 square feet of
additional gross floor area. Because the agreement contemplates a
bond, it is necessary that the Town Board approve this agreement.
I would defer to Mr. Roberts as to further comment on the
matter.
We would appreciate the Town Board's approval of this
agreement, which I attach without signature with the understanding
that a copy signed by Alpine will separately submitted to you in
several days.
If you have any questions, feel free to call me
BY:
JON HOLDEN ADAMS
JHA:bc
Enclosure
cc: Al Roberts, Esq.
Ed Kellogg
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I: .o.i"P. AME
AMENDMENT OF DECLARATION
This Amendment (hereinafter "AMENDMENT") to a DECLARATION
dated April 30, 1993 entitled "DECLARATION OF PARKING COVENANTS"
(hereinafter "DECLARATION") by ALPINE COMPANY OF POUGHKEEPSIE
having its offices at 790 South Road, Poughkeepsie, New York for
the benefit of the Town of Wappinger (hereinafter "TOWN") a
municipal subdivision having its offices at 20 Middlebush Road,
Wappingers Falls, New York, said DECLARATION filed in the office of
the Dutchess County Clerk on April 30, 1993 at Deed Liber 1927 cp
427 affecting real property in the Town of Wappinger, Dutchess
County, New York as described in a Deed recorded in Deed Liber 1927
cp 342 in the office of the Dutchess County Clerk.
WIT N E SSE T H:
WHEREAS the Declarant has previously filed the above entitled
DECLARATION as a condition of site plan approval for the
construction of a shopping center, said site plan approval more
particularly described in the DECLARATION, and
WHEREAS the size of the shopping center as approved by the
Planning Board was 210,082 sq. ft. of gross floor area, requiring
1401 parking spaces pursuant to the zoning standards of the Town,
and
WHEREAS pursuant to the authority vested in it, the Planning
Board initially waived the construction of 396 of the required 1401
spaces for 210,082 sq. ft. of gross floor area, and
WHEREAS Alpine subsequent to the DECLARATION has obtained
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title to the lands of ALKL as described in the DECLARATION, and
caused to be filed in the office of the Dutchess County Clerk at
Deed Liber 1927 cp 339, a consolidated deed for the real property
comprising said shopping center, being the same property described
in the preamble hereto, and accordingly the substitute parking
required in Section II of the DECLARATION is no longer required,
and
WHEREAS Alpine, despite the aforesaid waiver, constructed 1281
parking spaces which would suppport construction of a gross floor
area of 192,150 sq ft. and
WHEREAS Alpine constructed 172,082 sq. ft. of the approved
210,082 square feet of gross floor area, leaving 38,000 sq. ft.
authorized but not constructed, and
WHEREAS the existing constructed 172,082 square feet of gross
floor area requires 1147 parking spaces under the town's zoning
standards, creating an excess of 134 parking spaces, and
WHEREAS the 134 excess parking spaces would support
20,100 sq. ft. of additional gross floor area, and
WHEREAS, if the shopping center were completely built or
approved would require the construction of an additional 120
parking spaces, less any spaces waived by the Planning Board, and
vlliEREAS Alpine has requested the Planning Board of the Town
of Wappinger to approve a modification of said DECLARATION to
address the changed circumstances while preserving the obligation
of Alpine to observe and satisfy the parking standards of the Town
of Wappinger Zoning Law upon completion of the construction of the
2
improvements for the approved shopping center in accordance with
the approved site plan or any modification of the same as approved
by the Planning Board, and
WHEREAS the Planning Board has consented to the modification
of the DECLARATION as set forth herein by resolution dated May 6,
1996,
NOW, In consideration of the RESOLUTION of final site plan
approval described in the DECLARATION and in consideration of the
resolution adopted by the Planning Board on May 6 1996 at the
request of ALPINE, ALPINE for itself, its successors and assigns,
confirms the applicability of the DECLARATION as amended by this
AMENDMENT and declares that t.he real property described herein
shall be held, transferred, conveyed and occupied subject to the
covenants of the DECL~V\TION as amended by this AMENDMENT:
ONE: SECTION 1
a. The number "120" shall be substituted for the
number "396" in paragraph 4 of Section 1.
TWO: Section II-SUBSTITUTED PARKING shall be deleted in it.s
entirety as moot given the acquisition by ALPINE of title to the
lands of ALKL described in the DECLARATION.
THREE: Section III-ENFORCEMENT are modified as follows:
a. Paragraphs 13 is modified as follows: The
obligation to provide a bond as described in paragraph 13
shall arise when ALPINE applies for a certificate of
occupancy to complete all or a portion of the last 17,900
sq. ft. of presently approved gross floor area.
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b. Paragraph 17 is deleted.
c. The enforcement provisions outlined in paragraphs 18
through 24 of the DECLARATION, except as modified in this
AMENDMENT shall remain in full force and effect.
FOUR:
The provisions of this AMENDMENT shall supersede the
provisions of the DECLARATION to the extent they modify or are
inconsistent with the DECLARATION.
In all other respects, the
provisions of the DECLARATION shall continue.
FIVE: The TOWN has joined in the execution of this AMENDMENT
to acknowledge its consent to the modifications as provided in
paragraph 24 of the DECLARATION.
IN WITNESS WHEREOF, the parties have signed and acknowledged
this Al'VIENDMENT on the dates set forth in the acknowledgementL:i.
ALrrNEi) COMjAN~ QF /PjYGHKEEPSIE
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By: ACP Commons Grou~~)
Edward Kellogg, Ge~l Partner
TOWN OF WAPPINGER L
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By: Constance O. Smith, Supervisor
Approved:
~F WAPPINGER .P~BOARD
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By: WILLIAM T. PARSONS
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STATE OF NEW YORK )
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COUNTY OF DUTCHESS )
STATE OF NEW YORK
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On the o((i) day of:J:m:re\ 1996 before me personally came
EDWARD KELLOGG, a partner of ACP COMMONS GROUP, a Massachusetts
partnership and general partner of ALPINE COMPANY OF POUGHKEEPSIE,
a Massachusetts general partnership, who executed the foregoing
instrument and who acknowledged to me that he was authorized to
execute the document under the terms of the partnership agreements
of ACP COMMONS GROUP and ALPINE CO~~ OF POUGH~EEPSIE.
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Notary Public
ELAINE H. SNOWDEN
N01ARY PlJBLlC, STATE OF NEW YOR:<
NO. 14-3753190
QUALIFIED IN DUTCHESS CQ~NTY J
MY COMMISSION EXPI c;::s JM! _51 , 19 !J..)l
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COUNTY OF DUTCHESS
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On the cl(f ~ day of -J1:HTe~ 1996 before me personally came
CONSTANCE O. SMITH, to ml~ known, who, being by me duly sworn, did
depose and say the she resides at Rt. 376, Wappingers Fal.ls, New
York, that she is the Supervisor of TOWN OF WAPPINGER, the
municipal corporation described in and which executed the foregoing
instrument; that she knows the seal of said corporation; the seal
affixed to said instrument is such corporate seal; that it was so
affixed by order of the Town Boar~a~ that she signed her name
thereto hy like order. "" /--1 c:::'. ,
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Notary PubllC
ELAINE H. SNOWDEN
NOTARY PlJBLlC, STATE OF NEw YORK
NO. 14-3753190
QUALIFIED IN DUTCHESS Q'pVNTY
MY COMMISSION EXPIRES JAN~. . 199.Ji
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TOWN CLERK
E!...AINE H, SNOWDEN
i914) 297-5771
Reca; v~l
Z{80 000
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TOWN OF WAPPINGER
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SUPERVISOR
CONSTANCE 0 SMITH
TOWN COUNCIL
VINCENT BETTINA
JOSEPH RUGGIERO
ROBERT L VALDATI
JUNE A VISCONTI
TOWN CLERK'S OFFICE
20 MIDDLE BUSH ROAD
PO, BOX 324
WAPPINGERS FALLS. N.Y, 12590-0324
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