1992-07-30
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ALPINE40.res
PLANNING BOARD TOWN OF WAPPINGER NY
RESOLUTION APPROVING SITE PLAN
Alpine Shopping Center
RESOLUTION NUMBER:
DATE: July 30. 1992
At a special meeting of the Planning Board of the To~m of
Wappinger, held at the To~ Hall, 20 Middlebush Road Wappingers
Falls NY on the 30th day of July 1992.
The meeting was called to order by Chairman Keller. and upon ~oll being called
the following were: I
PRESENT:
Chairman, Donald Keller
William Parsons
Phil J. DiNonno
Michael Franzese
John Perillo
Chris Simonetty
ABSENT:
Hugo Musto
The following resolution was offered for adoption by Mr. DiNonno, who moved this
adoption, seconded by Mr. Simonetty, to wit:
WHEREAS, the Planning Board of the To~ of Wappinger. by resolution number 239,
adopted May 2, 1991, conditionally approved an application made by The ALPINE
COMPANY OF POUGHKEEPSIE (hereinafter called "Alpine") for site plan approval
for the construction of the ALPINE SHOPPING CENTER. consisting of 102,000 sq.
ft. on a 60+ acres site (19-6157-02-707773 on the Town tax maps). and
WHEREAS, in accordance with the Town of Wappinger Zoninq~Law as last revised._~.
THE ALPINE COMPANY OF POUGHKEEPSIE.
has submitted to the Planning Board a application for the approval of a revised
site plan titled "ALPINE SHOPPING CENTER", for the construction of 210,000 sq.
ft. on an expanded site of 70+ acres, located on Route 9 in the To~ of
Wappinger and designated as 19-6157-02-707773 and part of 19-6157-02-766660 on
the town tax maps; and
WHEREAS, the applicant has represented to this Board that it is the lawful owner
of said lot. or has a valid contract of sale for said properties; and
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Resolution of Approval
ALPINE SHOPPING €ENTER
July 30, 1992
Page 2
WHEREAS, an application fee of THREE THOUSAND SIX HUNDRED SIXTY EIGHT DOLLARS
($3,668.00) covering a 70.4+ acre site and a proposed floor area of not greater
than 210,000 square feet has been received by this Board: and
WHEREAS, pursuant to SEQRA:
1) The Planning Board had identified the original action as a TYPE I action,
and declared itself lead agency.
2) A positive declaration was adopted; a DEIS prepared, upon which a publiC
hearing was held September 11, 1989: a FEIS accepted and reviewed and a
STATEMENT OF FINDINGS filed by the Lead Agency on June 4, 1990: and
WHEREAS, pursuant to SEQRA, The Planning Board reviewed the revised submission
of the proposed development on an expanded site, and by Resolution # ,dated
July 20th, 1992, adopted a modified STATEMENT OF FINDINGS, to" be filed
in accordance with the provisions of 6 NYCRR Part 617, and
WHEREAS, a public hearing on the revised submission was convened on July 20,
1992, and subsequently re-convened on July 30, 1992, and
WHEREAS, the applicant has subsequently submitted as part of his application the
following revised or additional maps and documents:
SITE PLAN MAPS:
Sheet Title Dated, last revised:
Cover Sheet & Index Undated
1 Site Layout Plan 5/18/92 7/14/92
2 Grading Plan 5/18/92 7/14/92
3 Utility Plan 5/11/92 7/14/92
4 Erosion Control Plan 5/11/92 7/14/92
5 Lighting Plan 5/18/92 7/17/92
6 Standard Water Details 12/1/90 7/14/92
7 Domestic Water Supply Detail 11/14/90 7/14/92
8 Sanitary Sewer Details 12/1/90 7/14/92
9 Sanitary Sewer Details 12/f1'9'0 7/14/92 '4Of
10 Misc. Details 5/18/92 7/14/92
11 Standard Storm Details 12/1/90 7/14/92
12 Preliminary Off-site Utilities 2/7 /91 7/14/92
13 Landscape Plan (by Charles May LA) 5/18/92 7/14/92
14 Gabion Wall Elevations 5/18/92 7/14/92
14A Retaining Wall Details 12/1/90 7/14/92
15 Misc. Cross Sections 5/11/92 7/14/92
16 Fire Pump Station Plans & Details 7/13/92 7/14/92
17 Fire Storage Tank Details 7/13/92
18 Wastewater Treatment Facility 7/7/92
19 Signing and Striping Plan (by J. Collins) 6/12/92 7/07/92
All of the above maps and documents were prepared by C. T. Male Associates P.C. ,
(except where noted) by the following:
Gary Hoffman PEt Nancy O'Hem Alexander, LA: & Paul D. Destefano PE.
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Resolution of Approval
ALPINE SHOPPING eENTER
July 30, 1992
Page 3
DRAINAGE REPORTS:
Drainage Report for Alpine Shopping Center - Phase 1, dated December 1990,
last revised February 1991 (2/1/91), prepared by C. T. Male Associates, PC -
(Gary Hoffman PE & John E. Fenzl PEl.
Drainage Report for Alpine Shopping Center - Future Parking, dated January
1991, last revised February 1991 (2/26/91), prepared by C. T. Male Associates,
PC - (Gary Hoffman PEl.
Drainage Report for Alpine Shopping Center - dated May 1992, prepared by C. T.
Male Associates, PC - (Gary Hoffman PE and James J. Connors).
Drainage Report for Alpine Shopping Center - Dated June 22. 1992, prepared by
C. T. Male Associates. PC - (Gary Hoffman PE and James J. Con~ors).
I.
ARCHITECTURAL PRESENTATION MATERIAL;
The following materials were submitted as part of the original
submission:
a) Red Brick Sample
b) Sign letter; individually lit sample
c) Dryvit (stucco) wall outerface & insulation system sample
d} EDPM membrane material sample
e} Metal canopy roofing sample
f) Aluminum Storefront Frame sample. and
WHEREAS. the Planning Board has referred this application to the following
Boards and Agencies and has received and considered the following reports:
Zoning Administrator
dated 9/26/89 & 7/21/92
dated 12/27/88; 1/14/89; 7/26/89; 10/25/89;
2/26/91; 3/4/91; 3/5/91; 3/14/91;
5/21/92; and {6/10r~;"'}7 /10/92 ;'1""
dated 10/12/88; 12/19/88; 1/27/89; 2/21/89;
3/6/89; 4/27/89; 8/8/89; 12/13/89;
1/12/90; 3/25/91; 4/12/91;
5/26/92; (5) of 6/23/92; (4) of 6/29/92;
7/23/92; 7/24/92; (4) of 7/28/92; and
7/29/92
dated 10/12/88; 2/27/89; 1/14/90~ 11/19/90~
1/3/91; 1/13/91; 1/23/91; 3/13/91;
5/28/92; 6/25/92; and 7/27/92
dated 12/12/88; and 3/5/91
Conservation Advisory Council
Fire Prevention Bureau
Engineer to the Town
Planning Consultant
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Resolution of Approval
ALPINE SHOPPING eENTER
July 30. 1992
Page 4
New York State Department of Env. Con.
dated 4/20/89~ 9/26/89~ 3/26/91~ and
7/22192
Dutchess County Dept. of Health
Dutchess County Soil & Water District
Hughsonville Fire District
dated
5/18/89; and 9/18/89
dated 8/9189
dated 8/14/89; 3/21/91; and
6/29/92
dated 9/18/89 and 4/29/91
dated 12/12/88; 9118189;
9/28/89~ 1/24/91~
2122/91; and
6/17/92. and
Dutchess County Department of Planning
New York State Department of Transportation.
WHEREAS. the Dutchess County Department of Planning. having reviewed the
proposed action within the framework of General Municipal Law. (Article 12B.
Sections 239-1 and 239-m) has submitted a report on June 19. 1992. whtch
recommends that site plan approval be conditioned upon the following:
1. Provisions for the reservation and maintenance of the future road through the
site. and
2. Provision of a landscaped buffer between the parcel and the remainder of the
Ivanoff parcel. and
WHEREAS. The Planning Board does not intend to act contrary to the
recommendations of the Dutchess County Planning Department but grant conditional
site plan approval upon terms and conditions hereinafter set forth;
NOW. THEREFORE. BE IT RESOLVED as follows:
The application of THE ALPINE COMPANY OF POUGHKEEPSIE
for the approval of a site plan titled ALPINE SHOPPING CENTER
prepared by C. T. MALE ASSOCIATES PC (Gary Hoffman PEl
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dated May 8. 1992 and last revised July 14. 1992
including the previously listed plans. documents and specifications.
be approved subject to the conditions listed below. and that the chairman (or
vice chairman in the absence of the chairman) of this Board be and hereby is
authorized to endorse this Board's approval of said Site Plan upon compliance by
the applicant with the terms herein:
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Resolution of Approval
ALPINE SHOPPING eENTER
July 30. 1992
Page 5
BE IT FURTHER RESOLVED that:
A) This approval is contingent upon receipt by Alpine of a valid Highway Work
Permit issued by the New York State Department of Transportation for
construction of project improvements, including work @:
a) Route 9 entry
b) Middlebush Road and Route 90
c) Old Hopewell Road and Route 9
d) Old Hopewell Road and Route 90.
as described in J. Paggi letter to Zoning Administrator, dated
7/29/92 (Synopsis of phone conversation between J. Paggi,
Engineer to the Town and Jeff Wickeri, NYS DOT).
B) This approval is contingent upon receipt by Alpine of fully approved plans.
approved by New York State DEC and Dutchess County Health Department. for sewage
disposal via a temporary on-site wastewater treatment plant.
Alpine shall obtain appropriate permits for such temporary
on-site wastewater treatment plant including. but nqt limited to.
preparation and approval of the necessary construction documents
by the Dutchess County Department of Health. New York State
Department of Environmental Conservation and the Engineer to the
Town.
Alpine shall abandon and dismantle the on-site plant within 6
months after notice by the Town that wastewater treatment
facilities of the Wappinger Sewer Transmission/Treatment
Improvement are operative and available. Alpine shall
simultaneously make connection to the Wappinger Sewer
Transmission Improvement at its own cost and expense. Alpine
shall restore and landscape the wastewater treatment site.
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Resolution of Approval
ALPINE SHOPPING CENTER
July 30, 1992
Page 6
C) This approval is contingent upon receipt by the Planning Board of Alpine's
Notice of Approval of both an on-site Potable Water Supply and Fire Protection
Water Supply from the Central Wappinger Water Improvement Area.
Approvals shall be obtained from:
1) Engineer to the Town, Fire Inspector, BUilding Inspector and
Dutchess County Health Department for technical compliance of all
plans, and
2) The Wappinger Town Board, as administrators 9f the Central
Wappinger Water Improvement Area, and
3) Dutchess County Department of Public Works for necessary
Highway Work Permits in County Roads and Town Highway
Superintendent for work within town highways.
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4) Such approval under this section requires that the complete
potable water supply will be furnished by an on-site water supply
system. The connection to the "Central Wappinger Water
Improvement" line shall be utilized for Fire Fighting Purposes
only. Such connection shall not be used for cleaning,
landscaping, watering, or any other use other than fire fighting
from exterior hydrants and/or interior sprinkler systems.
5) Water lines identified for construction on sheets 3 and 12 of
this submittal, shall be constructed by Alpine, inspected by the
To~m of Wappinger, and dedicated to the Town by Alpine, prior to
the issuance of a Certificate of Occupancy (of Site Plan). Alpine
shall be permitted to reserve the right to utilize such lines in
the future for Fire Protection purposes only.
6) Alpine will dedicate to the Town of Wappinger, the water
pipes. lines and appurtenances, described on Sheets 3, 10 & 12,
up to the Meter & Backflow Preventor Vault, and will procure and
dedicate to the Town of Wappinger appropriate easements, in a
form acceptable to the Attorney to the Town and Engineer to the
Town. for operation and maintenance of said lines.-~requency of
meter readings and water fees will be in accordance with this
resolution. or as established by the Town Board.
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7) Alpine will grant an option, in recordable form, which will
permit the Town of Wappinger, at its own cost and expense, to
connect to Alpine's water pipes system from a point located near
the northwest corner of the proposed building to a proposed Town
water pipe system located on the east side of Route 9.
8) In the event of a fire, Alpine. or its successors shall be
charged a tank replenishment fee. at the rate of $4.00/100 cubic
foot. or at such other rate that may be established by the Town
Board hereafter.
9) In the event of unlawful use of the fire protection water,
Alpine, or its successors, shall be fined $500.00 per occurrence,
or at such other penalty as may be imposed by the Town Board
hereafter.
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Resolution of Approval
ALPINE SHOPPING eENTER
July 30. 1992
Page 7
D) This approval is contingent upon receipt by the Planning Board of the
following fully executed Grading Agreement and Easement. authorizing grading to
be accomplished as shown on Sheet 2. which easements shall be duly recorded in
the Dutchess County Clerk's Office:
a) between Alpine and owners of property designated as 19-6157-02-687634
(now or formerly James A. Klein and David Alexander)
b) between Alpine and owners of property designated as 19-6157-02-766660
(now or formerly Ivanoff).
E) This approval is contingent upon receipt by the Planning Board of the
following documents pertaining to the Service Road:
1) IRREVOCABLE OFFER OF DEDICATION to include a metes &.bounds
description of the proposed road. ,
2) The IRREVOCABLE OFFER OF DEDICATION shall be recorded in the
Dutchess County Clerk's office within 60 days of the issuance
of a Building Permit.
3) Documentation showing: Any mortgage covering the subject
premises at the time the IRREVOCABLE OFFER OF DEDICATION is
tendered shall be subordinate to the IRREVOCABLE OFFER OF
DEDICATION and the Town's authority to accept the property
described in the IRREVOCABLE OFFER OF DEDICATION as a public
highway.
F) This approval is contingent upon receipt by the Planning Board of a
Declaration of Restrictions in recordable form acceptable to the Attorney to the
Town creating a "no build" area in the premises described in Schedule 1 attached
hereto. The Declaration of Restrictions shall be recorded in the Dutchess County
Clerk's Office prior to issuance of any permit authorizing site work
contemplated by this resolution. Any mortgage covering the premises shall be
subordinated to the terms of the Declaration of Restrictions.
G) This approval is contingent upon receipt by the Plannf!\~ Board of the.....
appropriate Architectural Review materials for review and acceptability.
H) This approval is contingent upon the completion. within 60 days of the
issuance of the building permit. of the subdivision process of the Ivanoff
Parcel (19-6157-02-766660). including the consolidation of the western part of
such tax lot with tax lot 19-6157-02-707773 (n/f W. F Properties) and the filing
of the appropriate subdivisions maps in the Dutchess County Clerk's Office.
I) This approval is contingent upon the mitigating measures as specified in The
DEIS. FEIS. and the revised Statement of Findings by the Planning Board.
identified in the SEQRA review. being implemented as part of the site plan.
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Resolution of Approval
ALPINE SHOPPING 0ENTER
July 30, 1992
Page 8
J) This approval is contingent upon an erosion control plan being approved by
the Engineer to the Town prior to issuance of a building permit in accordance
with the requirements of the Town of Wappinger Soil Erosion & Sediment Control
Ordinance. During construction of the site plan, inspections shall be made by
Alpine engineers at intervals not to exceed 14 days, to insure integrity of
erosion control measures of the project construction. A written report of
conditions by the inspecting engineer shall be certified to the Zoning
Administrator, and shall be filed with the Zoning Administrator within 24 hours
of the inspection.
K) This approval is contingent upon Alpine obtaining a grading permit under the
provisions of the Soil Erosion & Sediment Control Ordinance, which requires
submission of a plan showing design and materials and a month by month schedule,
detailing proposed improvements. Such permit shall be obtained prior to any
alteration of the site.
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L) This approval is contingent upon the following:
1) Alpine will make necessary application to, and receive necessary
permits from, the New York State Department of Environmental Conservation
for all construction activities within the wetlands .buffer area.
2) Alpine will modify the appropriate site plan sheets in the following
manner:
a. In accordance with the requirements of the Engineer to the Town, as
set forth in the following letter/reports:
6/23/92
6/23/92
6/23/92
6/23/92
6/23/92
6/29/92
6/29/82
6/29/92
6/29/92
7/23/92
7/24/92
7/28/92
7/28/92
7/28/92
7/28/92
7/29/92
Potable Water
Off-site Water
Highway Work
Soil Erosion
SEQRA
ERA - SEQRA
ZBA - Variance request
Drainage
Site Plan -~
Reclamation Performance Bond
Reclamation Bond Estimate
Site Plan Review
Erosion & Reclamation
Potable & Fire Water
Fire Flow Tests
Traffic Improvements
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b. In accordance with any other review or comments, contained in
existing and/or subsequent letters, from the Zoning Administrator,
Planning Consultant, Department of Environmental Conservation, Dutchess
County Health Department, New York State Department of Transportation,
Dutchess County Department of Public Works, Town Highway Superintendent
and/or Fire Prevention Bureau.
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Resolution of Approval
ALPINE SHOPPING eENTER
July 30. 1992
Page 9
M) This approval is contingent upon receipt by the Planning Board. prior to the
issuance of a Certificate of Occupancy. of a written guarantee from Alpine in a
form acceptable to the Attorney to the Town. that all undeveloped parking spaces
otherwise required by the Town of Wappinger Zoning Law but waived by the
Planning Board in accordance with Section 473.6 of the Town of Wappinger Zoning
Law shall be constructed if need for same is so determined by the Planning
Board. If such additional parking spaces are developed. their primary use shall
be for employee parking. This provision shall be enforced by the owner of the
Shopping Center.
BE IT FURTHER RESOLVED that the Planning Board reserves the right to review all
required permits and approvals prior to the issuances of a building permit by
the Building Inspector. and
BE IT FURTHER RESOLVED that no building permit shall be issue~/authorized until
and unless all contingencies of this resolution and all required approvals have
been obtained and reviewed by this Board
BE IT FURTHER RESOLVED that no building permit shall be issued/authorized until
and unless separate certified checks. made payable to the Town of Wappinger. for
the Erosion Control Permit and inspection fee as determin~d by the Zoning
Administrator shall be tendered to the Town. and
BE IT FURTHER RESOLVED THAT a copy of the building plans shall be supplied to
the Fire Prevention Bureau for review prior to the issuance of a building
permit. and
BE IT FURTHER RESOLVED that this approval will be null and void unless a
building permit has been issued within 360 days of the date of this resolution.
BE IT FURTHER RESOLVED that The following additional requirements are to be
completed prior to the issuance of a Certificate of Occupancy:
A) Payment of Downstream Drainage Fee of $ .15 a square foot for
newly constructed roofed areas and areas covered with impervious
material prior to the issuance of a site Certificate of
Occupancy. - ik' < "I-
B) The Fire Prevention Bureau shall inspect the premises prior
to the issuance of a Certificate of Occupancy.
C) Any signs to be located on the premises and/or building shall
comply with the requirements of the Town of Wappinger Zoning
Law.
D) Adequate screening shall be required for the refuse enclosure
as determined by future detel~ination of the Planning Board.
E) Landscaping shall be required as determined by the Planning
Board.
F) An "as-built" survey/site plan certified by a licensed Land
Surveyor. shall be submitted and approved by the Planning Board
prior to the issuance of a Certificate of Occupancy.
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Resolution of Approval
ALPINE SHOPPING eENTER
July 30, 1992
Page 10
G) All required site and project improvements shall be made and
accepted prior to the issuance of any Certificate of Occupancy
for any portion of any building, including, but not limited to
anyon-site or off-site traffic or water improvements.
H) The following "As-Built" maps, prepared on a monthly basis by
a licensed surveyor, shall be submitted during the course of
construction. Such maps are to include, but not be limited to:
1. Building Location
2. Storm Sewer - location and inverts
3. Sanitary Sewer - location and inverts
4. Service Road Location
I) Certification from the design engineer, that the construction
of any and all retaining walls located on the site are in
compliance with the approved (stamped) drawings showing. such
retaining wall design (sheets 14 and 14A), and that said walls
are structurally stable.
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J) All "permission to use letters" must be received from the
Dutchess County Health Department and New York Stat~ Department
of Environmental Conservation on all required matters.
K) Approval of the release by New York State Department of
Transportation of all bonds that were posted during the Highway
Work Permit Process.
L) Receipt of documents of acceptance from any and all involved
and/or regulatory agencies, for all required project
improvements.
BE IT FURTHER RESOLVED that no building permit shall be issued, for any
portion of this project, until and unless all conditions of this
resolution have been complied with.
BE IT FURTHER RESOLVED that the Planning Board shall not~uthorize the ~..,..
issuance of any certificate of occupancy until and unless all
project work is completed and accepted by the appropriate
regulatory agency. There shall be no waiving of this requirement.
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Resolution of Approval
ALPINE SHOPPING eENTER
July 30. 1992
Page 11
BE IT FURTHER RESOLVED that upon completion of all requirements set forth in the
action approving the site plan, 6 copies of the site plan shall be submitted for
signature by the Chairman of the Planning Board.
The question of the adoption of the foregoing resolution was duly put to a vote
on roll call, which resulted as follows:
Donald Keller
William Parsons
Phil DiNonno
Michael Franzese
Hugo Musto
John Perillo
Chris Simonetty
voting aye
voting aye
voting aye
voting aye
absent
voting aye
voting aye
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The resolution was thereupon declared duly adopted.
DATED: July 30. 1992
Wappingers Falls New York.
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Resolution of Approval
ALPINE SHOPPING CENTER
July 30. 1992
Page 12
PlffiL~ing Board Resolution - Alpine Shopping Center - ALPINE40.RES
Schedule 1
Description of No-Build area
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