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A court order sought by the developer of a proposed adult lifestyle community on Grand Island and Town Board acceptance of a final environmental impact statement crossed Monday, possibly making the court action moot.

Frontier Development Partnership, a Canadian firm that has proposed the $50 million Southpointe Adult Lifestyle Community, claims that the town has delayed approval of the project for four years by requiring repeated changes to the draft environmental impact study.

The town, on the other hand, accuses the developer of trying to evade potential environmental problems created by the plan.

Supervisor James H. Pax said he doesn't understand why he was served with legal papers Monday morning, since the draft environmental impact statement was already on the Town Board's agenda for its Monday night meeting.

Frontier Development needs Town Board approval of a zoning change and of a new town sewer district to serve the development.

After the board approved the final environmental impact statement Monday night, Pax said the public has until Aug. 11 to comment in writing to the office of Town Engineer John Phillips, before the town issues its findings.

Meanwhile, Frontier Development Partnership has submitted an alternate plan to satisfy objections to its original proposal.

The alternate would set aside and permanently preserve 57 percent of the project site in its natural state. The remainder of the site would include 549 adult-style housing units, with a smaller area of 50 units of single-family dwellings.

Commercial development would be reduced from an original 255,000 square feet to 83,000 by eliminating a planned plaza, retail island, ice-skating arena and food market.

Under the alternative, the total site population would be 1,068 instead of the original 1,276.

The number of school-age children, a concern of school taxpayers, generated by the development would be 22.5 instead of 94 as expected under the original Southpointe plan.

The alternative plan would preserve a total of 161.31 acres of wetlands, buffer areas, woodlands and shrub areas.

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