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Planning board approves amended phasing for Shops at Woodbury buildings 3 and 4 with conditions
Summary
The Planning Board approved an amended phasing plan on Jan. 15 to allow certificates of occupancy for Buildings 3 and 4 at the Shops at Woodbury, contingent on the applicant meeting conditions including pavement verification, installation of protective bollards, and preservation of approved lot coverage.
The Planning Board on Jan. 15 approved an amended phasing plan and a draft resolution allowing issuance of certificates of occupancy for Buildings 3 and 4 at the Shops at Woodbury, contingent on a set of conditions the board set to address construction‑phase changes made in the field.
Anthony Miranda, attorney for the applicant with Cuddy & Feder, and Kevin Van Huys of Kimley Horn presented the amendment, which separates Buildings 3 and 4 (Chipotle and Aspen Dental) into a discrete phase so the building department can issue certificates of occupancy while other parts of the development remain under construction. Miranda said the project is approaching tenant occupancy and the team wants to resolve a small number of field changes to allow tenants to open.
Key issues reviewed and conditions imposed: Board members and staff discussed three contested field changes: (1) protection at the Chipotle outdoor seating area, (2) surfacing changes where engineered pervious pavers were replaced with concrete or asphalt in the field, and (3) use of asphalt rather than the originally‑specified heavy‑duty concrete in a pickup/loading lane. Kevin Van Huys described a thicker steel handrail already installed at the Chipotle seating edge; the applicant also proposed adding structural bollards.
The board approved the amended phasing plan and instructed staff to prepare a resolution with the following conditions (summary): - Heavy‑duty pavement: Applicant shall provide a core sample demonstrating heavy‑duty asphalt was installed in the Chipotle drive‑through and loading lane. If the core sample does not demonstrate heavy‑duty asphalt, the applicant must post bond and install the heavy‑duty concrete shown on the approved plans within 180 days (weather permitting) or as otherwise required by the village engineer. - Bollards and protective rail: Applicant must install the protective bollards around the Chipotle outdoor dining area prior to issuance of a CO; the bollard steel shall be installed and bollard caps must be put in place within 30 days of approval. The thicker handrail already installed will remain in place in addition to the bollards. - Pervious pavers: The applicant may relocate the permeable paver area to another pad on site provided the overall impervious coverage stays within the approved variance for lot coverage; the board said the revised site plan must clearly show the swap and remain within lot‑coverage limits.
Other sitewide matters discussed included dumpster enclosure materials, striping color and repainting, Belgian block curbing (a matter of ongoing debate between long‑term maintenance and aesthetics), and ensuring active construction zones are fenced to separate construction from occupied areas. Staff asked for a conformed set of site plans as a record of the field changes.
Board vote and implementation: The board voted to adopt the draft resolution as discussed and to authorize counsel to finalize it; the motion passed by voice vote (recorded in the transcript as unanimous "Aye"). Miranda and Kevin told the board they will perform a core sample and proceed quickly on installation tasks to avoid delaying tenant occupancy. The board asked the applicant to post bonding if work cannot be completed within the agreed timeframes and to submit confirmation to the village engineer and H2M (village engineer firm) for final sign‑off.
Why it matters: The Shops at Woodbury is a multi‑phase commercial development and the board's conditions aim to balance tenant occupancy needs with long‑term site durability and safety. The board emphasized enforcement: if field changes do not meet the board's conditions, the applicant will have to restore the approved materials or post bond to guarantee completion.
Next steps: Counsel will redraft the resolution with the specific timeframes and options (core sample or bond+install concrete) and the board expects the applicant to provide core testing documentation, bollard installation evidence and an amended conformed site plan showing how pervious pavers were relocated or otherwise accounted for under the project variance.
