1993-08-19
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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
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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
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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
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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
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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
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