1992-11-06
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GELLERT 8 CUTLER... P.C.
ATTORNEYS AND COUNSELORS AT LAW
75 WASHINGTON STREET
JOSEPH H GELLERT
(1907 -1989)
SHELDON CUTLER
LEONARD KLEIN
ARTHUR L GELLERT
STEPHEN E. EHLERS
PAUL J. GOLDSTEIN"
JOHN A. GEOGHEGAN
ALBERT P. ROBERTS
LILLIAN S. WEIGERT
CARL P BARONE
STEPHEN E. DIAMOND""
RAINA E. MAISSEL+
DAVID R. WISE" +
EMANUEL F. SARIS
TERRY D. HORNER
POUGHKEEPSIE, NEW YORK 12601
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(914) 454-3250
FAX, 914-454-4652
WESTCHESTER OFFICE
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35 PURCHASE STREET
RYE, NEW YORK 10580
(914) 967-6200
November 6, 1992
ZONmG I\DMINiS1Ri\10R
FAX 914 967.6236
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LONG ISLAND OFFICE
2001 MARCUS AVENUE, SUITE W95
LAKE SUCCESS, NEW YORK 11042
(516) 355-0905
Town of Wappinger Planning Board
20 Middlebush Road
P.O. Box 324
Wappingers Falls, NY 12524
Attn: Donald J. Keller, Chairman
Re: Alpine Shopping Center
Site Plan Approval Resolutions
Our File No. 5456.9326
Dear Don:
Pursuant to the directions the Planning Board gave us at
Monday night's meeting, Jay and I met with Jon Adams, Ed Kellogg
and Bob Lehrman regarding the various Resolutions of Site Plan
Approval previously adopted by the Board. As you know, the
Planning Board originally adopted a resolution of Conditional
Site Plan Approval on May 2, 1991 for what was then to be a two-
phase project. Alpine subsequently restructured the project,
contracted to purchase 10 additional acres from an adjoining
landowner (Ivanoff), which resulted in a second Resolution of
Conditional Site Plan Approval dated July 30, 1992.
The July 30, 1992 resolution was adopted for the purpose of
permitting of Alpine to proceed with its financing of the
project; however, no building permit was to be issued until
Alpine had complied with the various conditions set forth in the
resolution.
Subsequently, the July 30, 1992 resolution was amended by
resolution dated September 9, 1992 which authorized the issuance
of a building permit, notwithstanding that the condition of July
30, 1992 had not been met, but on the condition that the Zoning
Board of Appeals grant a variance on the issue of the required
number of "loading docks". Additionally, Alpine was required to
GELLERT 8 CUTLER.. P.C.
ATTORNEYS AND COUNSELORS AT LAW
- Page 2 -
sign a hold harmless agreement in favor of the Town.
Thereafter, Alpine contracted to purchase an additional
adjacent parcel (ALKL Corp.), upon which it proposed to relocate
a portion of the parking areas. This resulted in yet another
resolution dated October 19, 1992.
The spirit and intent of the september 9, 1992 and October
19, 1992 resolutions conflicts with a literal interpretation of
the July 30, 1992 resolution.
THE FOLLOWING ANALYSIS IS A CLARIFICATION OF ANY OF THOSE
INCONSISTENCIES:
The conditions for issuance of the building permit commence
on page 5 of the July 30, 1992 Resolution. Based on the
conference of November 4, 1992, the following was determined with
respect to each of these conditions (references are to
paragraphs, letters and subletters in the July 30 resolution):
A) Condition - receipt of Highway work permit from New York
State D.O.T. - received September 24, 1992;
B) Condition - Sewer Plant Approvals - DEC approval
granted 10/22/92, DC Health Department approval granted 10/30/92;
C) Condition - Water Supply -
1) - Health Department approvals for potable and off-site
water received 10/30/92;
- Town Engineer approval received 10/23/92;
- Fire Inspector approval received 11/6/92.
2) Town Board granted approval to connect to Central
Wappinger Water Improvement Area in July 1992.
3) Dutchess County DPW - not applicable;
Work permit to be issued by Town Highway Superintendent
directly to contractor.
4) Certification of Construction of On-Site Water Supply -
Condition of C.O.
5) Municipal Water Lines and Easements Dedicated to Town -
To be completed prior to C.O.
6) Dedication of Pipelines and Appurtenances/
Easements - Covered in pagagraph 5 above.
GELLERT S CUTLER" P.C.
ATTORNEYS AND COUNSELORS AT LAW
- Page 3 -
7) Option to Town to Permit Town to Connect to Alpine's
Water Pipe System - Covered in paragraph 5 above.
8) Condition of site plan approval.
9) Condition of site plan approval
D) a) Grading easement between Alpine and lands now or
formerly of ALKL Corp. - no longer applicable.
b) Grading easement between Alpine and Ivanoff; document
approved and fully executed by parties; to be recorded
simultaneously with Ivanoff closing.
E) 1) and 2) Irrevocable Offer of Dedication for proposed
internal road was to be completed within 60 days of issuance
of the building permit; however, in view of the changes to
the Site Plan since July 30, 1992 this should be a condition
completed prior to the issuance of the c.o.
3) Proof of Subordination of Offer of Dedication to any
mortgages should also be submitted prior to issuance of C.O.
F) Declaration of Restrictions creating a "no build" area was
to be recorded prior to issuance of any site work permit; since
Alpine still does not have title to the property, this should be
made a condition to be completed prior to issuance of C.O.;
likewise with the subordination of any mortgage to such
Declaration of Restrictions.
G) Architectural Review - Documents received, confirmatory
resolution to be approved 11/12/92.
H) Completion of subdivision process of the Ivanoff parcel - to
be completed November 12, 1992; subdivision map recorded and
consolidation of parcels to be completed prior to issuance of
C.O. or 12/31/92, whichever date is sooner.
I) Mitigation Measures - Condition of site plan approval.
J) Erosion control plan has been approved.
K) Grading permit approved and granted.
L) 1) DEC permit for work in wetlands buffer area issued
10/22/92.
2) a. No longer applicable - revised plans to be
submitted and approved.
b. Has been completed to date.
..
...
GELLERT S CUTLER.. P.C.
ATTORNEYS AND COUNSELORS AT LAW
- Page 4 -
M) Written guarantee regarding reserved parking requirements to
be submitted prior to issuance of C.O.
Page 9, last "RESOLVED" paragraph - all requirements to be
completed prior to issuance of C.O.
Resolution of september 9, 1992:
The spirit, intent and practical effect of this resolution was to
make all conditions that were to be met prior to issuance of the
Building Permit to be satisfied prior to issuance of the C.O.
Resolution of October 19, 1992;
The following additional conditions were added to the previous
two resolutions (references are to numbered conditions set forth
on page 2 of the resolution):
1) Compliance with paggi letter of October 19, 1992 -
completed.
2) Acceptance of lighting plan - Approved by Planner and
Zoning Administrator.
3) Variance for parking spaces - granted 7/14/92 and
10/22/92.
4) Screening along south and southeast borders - approved
11/3/92.
5) Approval of Reclamation Plan - approved by Engineer
11/3/92.
6) Approval of landscape plan - approved 11/3/92.
7) The Town has receipt of approval letters from DEe and
Based on the above clarification, I recommend that Chairman
Donald J. Keller endorse the latest site plans. I would
recommend that the contents of this letter be formally adopted by
the Planning Board at the November 12, 1992 meeting so as to
clarify any inconsistencies between the three Resolutions.
.
GELLERT S CUTLER" P.C.
ATTORNEYS AND COUNSELORS AT LAW
- Page 5 -
Except as otherwise clarified herein, the resolutions of
July 30, 1992, September 9, 1992 and October 19, 1992 should be
reconfirmed by the Planning Board.
Very truly yours,
GELLERT & CUTLER, P.C.
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.AL'B T P . ROBERTS
APR/aml
cc: Mr. Mark Lieberman
Mr. Herbert Levensonv
Mr. Thomas Classey
Raymond Arnold, AICP
Joseph E. paggi, Jr., P.E.
Jon Adams, Esq.
Hon. Constance o. Smith