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1993-08-19 \ t RESOLUTION TOWN OF WAPPINGER PLANNING BOARD RE: ALPINE COMMONS SHOPPING CENTER _ AMENDMENT TO RESOLUTION OF SITE PLAN APPROVAL At a special meeting of the Planning Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappinger Falls, New York on the 19th day of August, 1993, at 5:00 PM. The meeting was called to order by Chairman Donald Keller, and upon roll being called, the following were: PRESENT: Chairman Donald Keller Vice Chairman William Parsons Boardmembers Phil DiNonno Michael P. Franzese Hugo Musto ABSENT: John Perillo Chris Simonetty The following resolution was moved by William Parsons and seconded by Michael P. Franzese. WHEREAS, the Planning Board of the Town of Wappinger granted conditional site plan approval to an application known as the Alpine Commons Shopping Center by Resolution dated July 30, 1992; and WHEREAS, said resolution contained numerous conditions including modifications to the site plans and supporting engineering studies, specific requirements to be fulfilled prior to the issuance of any building permits, and specific requirements to be completed prior to the issuance of any Certificates of Occupancy; and WHEREAS, the Applicant, the Alpine Company of Poughkeepsie, has made a special request to the Planning Board to modify a condition of the July 30, 1992 resolution of site plan approval; and WHEREAS, the purpose of the request is to permit the issuance of a Certificate of Occupancy for the Super stop & Shop store prior to the full completion of all required site and project improvements; and WHEREAS, the site and project improvements which remain to be completed and accepted include several relatively minor items throughout the site which do not significantly affect the current use and operation of the site as well as the final grading, stabilization and landscaping of lands immediately south of the existing BJ' s building and parking lot in accordance with the grading plan approved as part of the overall site development plan; and WHEREAS, in particular, some of the remaining improvements which have not been completed or accepted include several areas within the parking areas which exceed the maximum permitted grade of 5% and approximately 150 feet of water line which has not been treated and tested for bacteria and put into service; and 2 WHEREAS, during the construction process considerable amounts of fill have been placed on the approximately five-acre area to the south of the BJ's building and parking lot; and WHEREAS, due to the extensive amount of construction activity required to comply with the approved site grading for this area, it is not possible for the Applicant to fully complete and obtain acceptance of all site and project improvements prior to the scheduled opening of the Super stop & Shop store; and WHEREAS, the remaining site and project improvements do not directly affect the daily use or operation of the Alpine Commons Shopping Center stores; and WHEREAS, strict adherence to the condition of the July 30, 1992 resolution of site plan approval would result in a hardship in the form of extensive delays in the opening of the Super stop & Shop store; and WHEREAS, the purpose of the condition requiring the completion of all improvements prior to the issuance of any Certificate of Occupancy was to ensure the completion of said improvements without the need for a cash deposit or a letter of credit which the Town of Wappinger could use to complete such improvements if necessary; and WHEREAS, in an effort to permit the timely opening of the Super stop & Shop and to obtain a Certificate of Occupancy therefor, the Applicant has offered to enter into an agreement with the Town of Wappinger setting forth a procedure by which all remaining site and proj ect improvements will be completed in a 3 timely manner, and in addition have offered to establish an irrevocable letter of credit in the amount of $500,000; and WHEREAS, there are two remaining buildings to be completed that had previously been approved by the Planning Board by resolution dated July 30, 1992; and WHEREAS, the subject action is being considered at the request of and for the sole convenience of the Applicant; and WHEREAS, the issuance of a Certificate of Occupancy is a ministerial act which is not subject to SEQR and the substitution of the above mentioned agreement and the letter of credit provides the Town of Wappinger with an equal level of protection and insurance that all site and project improvements will be completed in an acceptable and a timely manner and in accordance with the approved site plans. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Planning Board hereby adopts and incorporates the recitations and statements set forth above as if fully resolved and set forth herein; 2. The Planning Board hereby reaffirms all prior resolutions of site plan approval for the subject project and hereby amends all applicable conditions thereof to permit the issuance of a Certificate of Occupancy once the following conditions have been fulfilled: a. After the Planning Board has deemed the Site Plan Modification Agreement dated August 23rd, 1993 to be satisfactory, the Applicant shall execute same; and 4 b. The Applicant shall establish a letter of credit, or other form of surety acceptable to the Planning Board and the Town Attorney, in the amount of $500,000, which surety shall be available to the Town of Wappinger to be used at its discretion to ensure satisfactory completion of all site and project improvements; and 3. The Applicant shall cause the preparation, or shall be fiscally responsible for the preparation of all plans and any required environmental studies deemed necessary by the Planning Board to determine the final disposition and method of such final settlement of the remaining site and project improvements and any and all necessary modifications to the approved site development plan; and 4. Action by Building Inspector: The Building Inspector of the Town of Wappinger will not issue any further building permits and/or any further certificates of occupancy for the two remaining buildings until the Planning Board has accepted the completion of the approved site plan as amended. A question of adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Donald Keller, Chairman William Parsons, Vice Chairman Phil DiNonno Michael Franzese Hugo Musto Voting: Ave Voting: Aye Voting: Ave Voting: Ave Voting: Ave 5 I . , . John Perillo Absent Chris Simonetty Absent The resolution was thereupon duly declared duly adopted. J<J Y' Resolution Adopted: August ~, 1993 Wappingers Falls, New York 'D~&~&e~irman Planning Board Town of Wappinger 500\wap3-037.dkw 6