Developers seek building‑level certificates of occupancy for Shops at Woodbury; board reviews phasing plan

Representatives for The Shops at Woodbury told the Village of Woodbury Planning Board that they want the project’s phasing plan clarified so the building department can issue certificates of occupancy (COs) for individual buildings rather than waiting for the entire site to be complete. Developers said two businesses are already operating, Starbucks is close to opening, and the submitted phasing materials break the project into building‑level phases to permit occupancy of a finished building when other buildings remain under construction.

Why it matters: allowing building‑level COs would let tenants open earlier and reduce commercial disruption, but it requires explicit agreement from the village building department, completed phasing documentation, and confirmation that required off‑site infrastructure and safety measures are in place.

What the applicants proposed and staff concerns: Anthony Miranda, attorney with Cuddy & Feder, and project consultants said they submitted sub‑phase/phasing plans to clarify when the building inspector may issue COs. The applicants asked the board to document the intent that COs be issued by building, consistent with the long planning record. Kimley Horn’s traffic and engineering reviews were referenced; John Canning of Kimley Horn (traffic) and other consultants reviewed circulation and access. Developers provided a red‑line phasing plan to the chair.

Staff flagged several follow‑up items the board requested: a tree survey and ECC review for areas covered by the Environmental Conservation Commission; verification of the Green Knoll driveway access and any required easements or deeds; confirmation whether the parcel lies inside the consolidated water service boundary (applicants noted a parcel near the high school lies outside the water area and would require a village board ad‑area/user agreement to connect to the consolidated system); and a building‑inspector review of material needed to support issuance of COs, including whether infrastructure in a phase is sufficient for safe occupancy.

Applicants said Building 7/8 (the building that includes the Starbucks space) is already built and occupied in part; the phasing plan is intended to allow the building inspector to issue COs for a finished building even if other buildings slated for later phases are incomplete. Counsel and staff said the phasing approach mirrors what the planning record has previously documented but that a concise, clear phasing schedule — and notes reflecting recent agreements with the building department — would remove ambiguity and help the building department and code enforcement.

Other technical issues noted in discussion: traffic analyses prepared by Kimley Horn were on file and will be used in staff review; consultants confirmed prior engineering reviews; the building inspector must verify the status of legally preexisting nonconforming conditions (lot area, lot width) and confirm coverage calculations so referral to the Zoning Board of Appeals could occur if relief is needed; and the ECC must confirm tree preservation and replacement requirements prior to issuance of certificates.

Board direction and next steps: staff will review the red‑lined phasing materials, coordinate with the building inspector and Kimley Horn, and prepare recommendations and any draft language clarifying that COs may be issued per building when conditions in that building’s phase are fully met. Applicants will provide any outstanding Kimley Horn materials and engineering clarifications to staff. No formal vote altering prior approvals was recorded during the discussion; the board and counsel asked staff to document the phasing approach and circulate updated materials.

Outcome: the board did not take final action to change approvals but authorized staff review and redlines; applicants will return with clarified phasing language and any required agreements for utility connections or easements.