Proposed Millerton supermarket plaza is a permitted use

NORTH EAST — Southern Realty Development, the applicant behind the proposed supermarket for Route 44 behind Thompson Plaza, appeared at the Planning Board’s meeting on Wednesday, May 11. John Joseph, who represents Southern Realty Development, was there to discuss the proposed sketch plan and lot line adjustment needed for the project.

Planning Board Chairman Dale Culver kicked off the meeting by stating according to a review of the code, the shopping center planned for development is a permitted use.

“So that hurdle is dropped,” Culver said.

The meeting then proceeded with a review by Town Planner Will Agresta.

Plan outline

“We’ve reviewed the submission and realize we’re still at the sketch level,” he said, adding the applicant has already submitted part one of the Environmental Assessment Form (EAF), which is part of the State Environmental Quality Review Act (SEQRA) process.

The project calls for the construction of a roughly 35,000-square-foot supermarket on a 10-acre parcel in the town’s Boulevard District. There are also plans to construct a plaza that could potentially house a Dunkin’ Donuts and a Subway; those plans are being pursued  separately by Thompson Plaza owner Ken Thompson. Southern Realty Development’s engineer, Rich Rennia, specified the need to keep the projects their own.

“I think with the way we’re going, we agree that it makes sense to take [Subway, Dunkin’ Donuts and the vacant lot] completely out of the equation,” he said before the board.

Agresta agreed.

“Rather than cloud the whole process, I think it’s best to remove it,” he said.

For the as-yet-unnamed supermarket, Agresta said there are several components required in order for the project to move forward, among them lot line changes, site plan approvals and some physical changes to allow for parking and utilities.

Getting in the zone

The issue of zoning districts was raised; the town’s planner said one corner of the property planned for development is in a more restricted zone (the LC zone) than the rest of the project site, which is in the BD5 zone. Culver suggested the board get clarification from Attorney to the Town Warren Replansky.

“We’re not here to debate everything, but this issue is important to discuss,” Rennia said.

“How far does that protrude into your property?” asked Culver.

“Just into the corner,” Rennia said, adding it’s about 150 feet into the LC district. “I guess there are two ways to look at it. Either way you go back to intent — was the intent to follow the wetlands, or is it to be interpreted to follow the zoning district?”

Septic and parking

The septic system was the next issue discussed. Rennia said the project will not need as large a septic as originally believed.

“That septic system is going to shrink in size,” he said. “Originally it was going to be 3,500 gallons per day; now, because of all of the conservation [measures we’ve taken], it’s going to be 2,000 gallons per day.”

Rennia then spoke about a glitch with the parking.

“With interpreting the line — because the greater portion of the property is the least restrictive, can we take the rest of [the parking] and push it back? The [parking required for] 35,000 square feet [of developed real estate] would affect the corner of [the parking lot and only] two parking spaces.”

The engineer said if he could relocate those two spots with the board’s permission he could finalize his sketches and send them off to Replansky, as well as the Planning Board, for their approval.

Agresta said there’s “conflicting information” about whether a permit would be needed from the Department of Environmental Conservation (DEC), as well as approval from the town’s Conservation Advisory Council (CAC).

Driveway details and parking lot pavers

As far as the driveway, Agresta said there’s a proposal to relocate the existing driveway, though in the future it may make sense to have “an interconnection” among the supermarket, Thompson Plaza and adjoining Basil’s Auto. Joseph said he would be willing to put an easement on the entrance way if necessary. Rennia said if an analysis has to be done, it will; he also said he doesn’t think the proposed entrance way will change the curb-cut.    

“Has there been any talk with the Department of Transportation [DOT] regarding the fact that it’s just got one entrance?” asked Agresta.

“I haven’t heard anything back from them that’s an issue,” Rennia responded. “They had a preliminary meeting so we could coordinate what they want in writing.”

“One thing we’ve got to think about is if there’s an existing driveway there now, are we just going to replace it?” said Agresta. “We have to talk with the local fire department.”

“Whatever they want as far as multiple hydrants in there [is fine with us],” Rennia said.

“The DOT mentioned the fact they like the fact we’re combining driveways,” Joseph said.

“At what point does the state require turn lanes?” asked Planning Board member Chip Barrett.

“When they decide it’s necessary,” Rennia replied. “That’s determined in a traffic study. We’re not at that point yet.”

“If they were serious about safety they would drop the speed limit to 30 mph,” Planning Board member Harry Schroeder said.

Pavement material was also discussed; permeable pavers, good for maintenance in the short term and for runoff reduction in the long run, was suggested. Rennia said there’s also underground storage with the capacity to hold a 100-year storm to consider.

“If you have bio-retention and sheet-flow you can manage [water runoff] on site,” he said. “It’s clean as can be and it can get into the ground. Especially with the wetlands right there that have to be maintained. That’s how we would like to deal with the water [collection and runoff].”

What to do with water

Rennia added there won’t be a big retention pond on site. Culver approved of the sentiment.

“That’s not a bad thing,” he said.

“From what I can see so far I actually like the way the water is going to be contained,” Culver said, adding there won’t be as much of a breeding ground for mosquitoes. “It will make better neighbors.”

Culver had another compliment to pay to the developer. “As further development plans go, it’s nice to see how many methods are being used to protect the integrity of the land,” he said. “When we’re all done this plan has to work 365 days a year.”

All living things

The conversation moved toward which trees should be planted on site; red maples, black gums and dogwoods were all suggested. Culver also said there will be a significant amount of maintenance required to keep up the property. He estimated that every three-and-a-half years a truck will have to vacuum out sediment from the site, which he said is standard these days.

Agresta then raised the issue of threatened and endangered species, something of special concern considering the proximity of the site to the wetlands. He noted some species, like bog turtles, must be studied during specific months of the year. Rennia said the applicant already has consultants working on a bog turtle study.

“The Department of Environmental Conservation [DEC] and the Fish and Federal Wildlife Service have a whole protocol we’re following,” Joseph added.

Studies and scenery

Agresta said he also needs a more detailed traffic study, information on storm pollution and progress on the building’s architecture.

“Our recommendation is to try to make the building have a little more life than just a box,” he said. “That’s from our perspective.

“I don’t know if there’s a way to bring in more landscaping to the front,” Agresta said.

Joseph said that will be done.

“They know from all the time trying to break up that big wall [it can be challenging],” Culver said. “I think landscaping plays a big role to the success of the town.”

“We agree,” Rennia said. “And where you feel architecture lacks, landscaping can help out.”

“It also helps make it more attractive to the customer,” said Planning Board member Evelyn Garzetta. “It’s good marketing.”

“We’ve been beating that drum since day one,” Culver said.

The Planning Board next declared itself the lead agency, which means it will spearhead the environmental review. Following that it created an escrow account for the project to fund professional costs throughout the review process.