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1991-05-02 .. ~, ~" " " ( ALPINE 25 .RES (May 2, 1991)PM PLANNING BOARD TOWN OF WAPPINGER NY RESOLUTION APPROVING SITE PLAN Alpine Shopping Center RESOLUTION NUMBER: ~.J' DATE: "'1ft :2., I 'I f I At a Special Meeting of the Planning Board of the Town of Wappinger, held at the Town Hall, 20 Middlebush Road Wappingers Falls NY on the 2nd day of May 1991. The meeting was called to order by Chairman Keller, and upon roll being called the following were: PRESENT : Chairman, Donald Keller Will iam Parsons Edward Hawksley James Mills ' Hugo Musto John Perillo Chris Simonetty ABSENT : The following resolution was offered who moved this adoption, seconded by to wit: .t;. 4 S. !IlL I. .s for adoption by ~~ /lIU.U?", PI'ht S~~ ~ WHEREAS, in accordance with the Town of Wappinger Zoning Law as last revised,_ THE ALPINE COMPANY OF POUGHKEEPSIE, hereinafter called "Alpine" has submitted to the Planning Board an application for the approval of a site plan titled "ALPINE SHOPPING CENTER", located on Route 9 in the Town of Wappinger and designated as 14-6157-02-707773 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 property; and WHEREAS, an application fee of THREE THOUSAND SIX HUNDRED and SIXTH EIGHT ($3,668.00) DOLLARS covering a 60.4+ acre site and a proposed floor area of not greater than 105,000 square feet has been received by this Board; and WHEREAS, pursuant to SEQRA: 1) The Planning Board has identified this action as a TYPE I action, and declared itself lead agency. 2) A positive declaration was adopted; a DEIS was prepared upon which a public hearing was held September 11, 1989; a FEIS has been accepted and reviewed and a STATEMENT OF FINDINGS has been filed by the Lead Agency on June 4, 1990; and ..... . " " , Planning Board Resolution - Alpine Shopping Center - Page 2; May 2, 1991 WHEREAS, The Findings adopted in the STATEMENT OF FINDINGS are limited to Phase 1 construction; and WHEREAS, the location of project development on the plans submitted in this application are within the Phase 1 area considered in the STATEMENT OF FINDINGS; and WHEREAS, a public hearing was convened on November 18, 1990 and subsequently adjourned to January 10, 1991; March 18, 1991; April 15, 1991 and April 30, 1991; and WHEREAS, the applicant has subsequently submitted as part of his application the following revised or additional maps and documents: SITE PLAN MAPS: Sheet 1 1A 2 2A 3 3A 4 4A 5 SA 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Title Cover Sheet & Index Site Layout Plan Site Layout Plan Future Parking Grading & Utility Plan Grading & Utility Plan Future Parking Erosion Control Plan Erosion Control Plan Future Parking Planting Plan Planting Plan Future Parking Lighting Plan Lighting Plan Future Parking Plan & Profile Sewer Alpine Drive Plan & Profile Drawing-sewer Plan & Profile Drawing-drain Plan & Profile Drawing-drain Plan & Profile Drawing-drain Water Details Domestic Water Supply Details Water System Vault etc., Sanitary Sewer Details Sanitary Sewer Details Pump Station Details Storm Sewer Details Detention Basin Details Retaining Wall Detail Preliminary Off-Site Utilities S ignage Dated, Undated 12/1/90 3/01/91 12/1/90 3/01/91 12/1/90 3/01/91 12/1/90 3/01/91 08/17/90 12/15/90 12/1/90 12/1/90 12/1/90 12/1/90 12/1/90 12/1/90 11/14/90 11/14/90 12/1/90 12/1/90 11/14/90 12/1/90 12/1/90 12/1/90 2/07/91 2/29/91 All prepared by C. T. Male Associates P.C., by the following: last revised: 3/20/91 2/26/91 3/20/91 3/20/91 3/20/91 3/20/91 3/01/91 2/26/91 3/01/91 2/26/91 2/04/91 3/20/91 2/20/91 3/20/91 3/20/91 1/09/91 3/20/91 1/09/91 1/31/91 1/31/91 3/20/91 3/20/91 Gary Hoffman PE; Nancy O'Hern Alexander, LA; & Paul D. Destefano PEe ! Planning Board Resolution - Alpine Shopping Center - Page 3; May 2, 1991 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. Fenz1 PE). 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 PE). ARCHITECTURAL PRESENTATION MATERIAL; 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: Conservation Advisory Board Fire Prevention Board dated 9/26/89 dated 12/27/88; 1/14/89; 7/26/89; 10/25/89; 2/26/91; 3/4/91; 3/5/91; and 3/14/91 dated 10/12/88; 12/19/88; 1/27/89; 2/21/89; 316/89; 4/27/89; 8/8/89; 12/13/89; 1/12/90; 3/25/91; and 4/12/91 dated 10/12/88; 2/27/89; 1/14/90; 11/19/90; 1/3/91; 1/13/91; 1/23/91; and 3/13/91 Zoning Administrator dated 12/12/88; and 3/5/91 New York State Department of Env. Con. dated 4/20/89; 9/26/89; and 3/26/91 Dutchess County Dept. of Health dated 5/18/89; and 9/18/89 Dutchess County Soil & Water District dated 8/9/89 Hughsonvi11e Fire District dated 8/14/89; and 3/21/91 Dutchess County Environmental Management Council dated ( n/a - no response) Dutchess County Department of Planning dated 9/18/89 and 4/29/91 New York State Department of Transportation, dated 12/12/88; 9/18/89; 9/28/89; 1/24/91 and 2/22/91, and Town Engineer Planning Consultant 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 April 29, 1991, which recommends that site plan approval not be granted until 4 conditions are met; and WHEREAS, The Planning Board hereby intends to act contrary to the recommendations of the Dutchess County Planning Department and grant conditional site plan approval upon terms and conditions hereinafter set forth; and WHEREAS, the Planning Board has adopted a resolution setting forth its reasons for acting contrary to the recommendations of the Dutchess County Planning Department as required by General Municipal Law Section 239-m; and , , Planning Board Resolution - Alpine Shopping Center - Page 4; May 2, 1991 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 PE) dated December 1, 1990 and last revised MARCH 20, 1991 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: 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 Phase I. B) This approval is contingent upon receipt by Alpine of fully approved plans for sewage disposal via a temporary connection to the Village of Wappingers Falls Sanitary Sewage Collection System. 1) Alpine shall obtain appropriate contracts for such connection including, but not limited to: a. execution of an appropriate contract with the Village Board of the Village of Wappingers Falls; b. preparation and approval of the necessary construction documents by the Village Board, Dutchess County Health Department & Town Engineer; c. highway work permits for construction within Dutchess County Roads and/or New York State Highways Rights-of-Way; d. all necessary easements. 2) The connection to the Village system will be abandoned within 90 days after notice by the Town that wastewater treatment facilities of the Wappinger Sewer Transmission/Treatment Improvement are operative and available, and Alpine shall simultaneously make connection to the Wappinger Sewer Transmission Improvement at its own cost and expense. Upon such abandonment, the connection area (surface) shall be restored to its original condition. # Planning Board Resolution - Alpine ~hopping Center - Page 5; May 2, 1991 C) This approval is contingent upon receipt by the Planning Board of Alpine's Notice of Approval of both anon-site Potable Water Supply and Fire Protection Water Supply from the Central Wappinger Water Improvement Area. Approvals shall be obtained from: 1) Town Engineer and Dutchess County Health Department for technical compliance of all plans, and 2) The Wappinger Town Board, as administrators of the Central Wappinger Water Improvement Area, and 3) Dutchess County Department of Public Works for necessary Highway Work Permits. 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. 5) Water lines identified for construction on sheets 2, 2A & 20 of this submittal, shall be constructed by Alpine, inspected by the Town 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, for development of the Phase 2 portion of this project, provided construction for same is commenced within 36 months hereof. 6) Alpine will dedicate to the Town of Wappinger, the water pipes, lines and appurtenances, described on Sheets 2, 2A & 20, 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 Town Attorney and Town Engineer, for operation and maintenance of said lines. Frequency of meter readings and water fees will be in accordance with Town of Wappinger operational policy. 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. D) This approval is contingent upon receipt by the Planning Board of a fully executed Grading Agreement and Easement, which easement shall be duly recorded in the Dutchess County Clerk's Office, between Alpine and James A. Klein and David Alexander, which authorizes grading to be accomplished as shown on Sheet 2. i' Planning Board Resolution - Alpine Shopping Center - Page 6; May 2, 1991 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 prior to issuance of Certificate of Occupancy. 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. Notwithstanding the foregoing, Alpine, its assigns and successors shall have the right and option, at their discretion, to relocate (shift) the location of the proposed roadway described in the IRREVOCABLE OFFER OF DEDICATION at their expense and subject to site plan review. F) This approval is contingent upon receipt by the Planning Board of a Declaration of Restrictions in recordable form acceptable to the Town Attorney 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 Planning Board of a written guarantee from Alpine in a form acceptable to the Town Attorney 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. H) This approval is contingent upon the recording in the Dutchess County Clerk's Office of an easement agreement dated December 10, 1990 for ingress and egress over the lands of Valdemar and Ilse Ivanoff prior to the issuance of any permits authorizing site work. I) This approval is contingent upon the mitigating measures as specified in The DEIS, FEIS, and Statement of Findings by the Planning Board, identified in the SEQRA review, being implemented as part of the site plan. 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. Planning Board Resolution - Alpine Shopping Center - Page 7; May 2, 1991 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. L) This approval is contingent upon the following: 1) Alpine will modify the appropriate site plan sheets to reflect the actual location of wetlands buffer for Frestwater Wetland WF-3 in the area of the proposed entryway at its intersection with U.S. Route 9. 2) Alpine will make necessary application to, and receive necessary permits from, the New York State Department of Conservation for all construction activities within the wetlands buffer area, as per letter of 4/29/91 from William E. Steidle, Deputy Regional Permit Administrator, Region 3 NYSDEC to Tyde R. Richards. 3) Alpine will cause NYSDEC to "flag" the freshwater wetland in the vicinity of Losee Road and Henry Drive, where the proposed water main is in close proximity to Freshwater Wetland WF-3 and in the vicinity of the proposed sewer line along Middlebush Road in proximity to Freshwater Wetland WF-27. If any proposed construction encroaches upon either such wetlands or their adjacent buffer areas, then Alpine will make application to, and receive appropriate permits from, the NYSDEC for such const ruc t ion. BE IT FURTHER RESOLVED that the Planning Board will terminate the Site Plan approval process for Phase 2 if Alpine has not received DEC approval within 18 months from the date of final Site Plan Approval for Phase 1 has been granted. The Planning Board will allow Alpine 18 months from DEC permit approval to complete a DEIS for Phase 2, otherwise the Planning Board will. terminate the approval process for Phase 2. 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) Separate certified checks, made payable to the Town of Wappinger, for the Erosion Control Permit and inspection fee as determined by the Zoning Administrator shall be tendered to the Town. B) 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. Planning Board Resolution - Alpine Shopping Center - Page 8; May 2t 1991 C) A copy of the building plans shall be supplied to the Fire Prevention Bureau for review prior to the issuance of a building permit. The Fire Prevention Bureau shall inspect the premises prior to the issuance of a Certificate of Occupancy. D) Any signs to be located on the premises and/or building shall comply with the requirements of the Town of Wappinger Zoning Ordinance. E) Adequate screening shall be required for the refuse enclosure as determined by future determination of the Planning Board. F) Landscaping shall be required as determined by the Planning Board. G) A certifiedt "as-built" site plan shall be submitted and approved by the Planning Board prior to the issuance of a Certificate of Occupancy. H) All required site improvements shall be made prior to the issuance of any Certificate of Occupancy for any portion of the bu ilding. I) The following "As-Built" mapst prepared on a monthly basis by a licensed surveyort shall be submitted during the course of construction. Such maps are to includet but not be limited to: 1. Building Location 2. Storm Sewer - location and inverts 3. Sanitary Sewer - location and inverts 4. Service Road Location 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 callt which resulted as follows: Donald Keller Will iam Parsons Edward Hawksley James Mills Hugo Musto John Peri 11 0 Chris Simonetty voting voting voting voting vot ing voting voting The resolution was thereupon declared duly adopted. DATED: May 2, 1991 Wappingers Falls New York. RBERT LEVENSON, PLANNING TOWN OF WAPPINGER .' Planning Board Resolution - Alpine Shopping Center - May 2, 1991 Schedule 1 All that certain tract, piece,' or parcel of land situate, lying or being in the Town of Wappinger, DutChess County, New York lying Easterly of U.S. Route No.9, New York-Albany Post Road, Northerly of lands now or formerly of Ivanoff and being more particularly bounded and described as follows: BEGINNING at a point on the Northeasterly line of lands of W.F. Properties, Ltd., said point being situate at the point of intersection of the common line of lands now or formerly of Collins on the North, lands of Keegan on the South with the Northeasterly line of lands of W.F. Properties, Ltd. and runs thence from point of beginning along the common line between lands herein described and lands of Keegan, South 21 deg. 38 min. 21 sec. East a distance of 62.31 feet to a point; 2) thence along the Northerly line of lands now or formerly of Keegan in part, and lands of Ivanoff in part, South 74 deg. 59 min. 10 sec. West a distance of 317.82 feet to a point; thence continuing along the Northerly line of lands now or formerly of Ivanoff, North 78 deg. 18 min. 51 sec. West a distance of 32.00 feet to a point; thence through lands of W.F. Properties, Ltd. the following courses: 1) North 4 deg. 59 min. 19 sec. East a distance of 293.73 feet to a point; 2) North 15 deg. 11 min. 26 sec. West a distance of 447.97 feet to a point; thence continuing through lands of W.F. Properties, Ltd. and along the 100 foot buffer of the New York State Department Environmental Conservation designated wetlands, the fOllowing courses: 1) North 44 deg. 00 min. 54 sec. East a distance of 24.00 feet to a pointj 2) North 34 deg. 13 min. 34 sec. East a distance of 29.28 feet to a point; 3) South 78 deg. 24 min. 39 sec. East a distance of 65.99 feet to a point on the Northeasterly line of lands of W. F. Properties. Ltd.; thence along 'said Northeasterly line the following two (2) courses: 1) South 26 deg. 29 min. 36 sec. East a distance of 371.56 feet to a point; 2) South 26 Deg. 35 min. 54 sec. East a distance of 320.79 feet to the point or place of beginning and containing 3.37t acres of land.