Supermarket applicant, town have a meeting of the minds

NORTH EAST — The major players involved in the recently-proposed Route 44 supermarket gathered in the upstairs building department office of Town Hall last Tuesday, March 1, to discuss the project’s status.

 The meeting

The application for the market, to be built on a 10-acre lot owned by developer Robert Quinlan, which sits behind Thompson Plaza and Basil’s Auto Shop, was formally submitted that evening. Also discussed was what needs to be done and in what sequence to keep the project moving forward in a timely and productive manner.

“We’re just trying to streamline the process,” Planning Board member David Shapiro said.

The applicant, John Joseph of Southern Realty Development (SRD), said both he and his unnamed tenant thought the process has been moving along smoothly.

“First of all, I really appreciate your having this meeting,” Joseph said. “We really want to be a good applicant.”

“We’ve had two sessions during which we’ve met with this applicant, and both times we’ve had good discussions,” Planning Board member Bill Kish said while summarizing the progress of the application process thus far. He then mentioned some immediate concerns with the two different site plan layouts that have been presented; one issue is that the project encroaches on wetlands. “There’s been some concern about a couple of different issues: the proximity to the wetlands, environmental concerns, there will be quite a lot of lot line reconfiguration and then I’m worried about pedestrian traffic and access to [the supermarket].”

Joseph said that right-of-way access will be addressed by a portion of property the applicant is acquiring from Ken Thompson, who owns Thompson Plaza. The plaza, along with Basil’s and the Quinlan property, is among the lots that must be formally adjusted and approved by the Planning Board.

There was a discussion of whether those lot line adjustments need to be submitted individually or if they can be incorporated onto one sheet, as suggested by Town Engineer Ray Jurkowski. Building Inspector and Code Enforcement Officer Ken McLaughlin said he will make separate reviews of each document, however.

“[Everyone] keeps on talking about separating things out,” Jurkowski said, stressing it will be simplest to deal with them as a unit. “All three things are happening concurrently, and they have to because they’re depending on each other.”

 The franchises

Joseph was then asked if he’s representing Dunkin’ Donuts and Subway — the two franchises Ken Thompson told the Planning Board were interested in setting up shop on his property if the supermarket comes to fruition. Thompson told The Millerton News he has letters of intent from both businesses and that he would build a new, 4,600-square-foot structure to the north of his existing plaza to house the franchises.

“They all have a lot of motivation to work with me but they have a mind of their own,” responded Joseph.

“I wrote the application thinking this project has to take the lead,” said the developer’s engineer, Rich Rennia. “If this is waiting for another individual to get the project done, it could be a problem for John.”

“The idea of segmentation, of somehow having a grander scheme and that you only put things forward that are easier to deal with at the time [is not ideal],” said McLaughlin.

“We all know it’s a possibility [that Dunkin’ Donuts and Subway will want to open businesses here],” Planning Board Chairman Dale Culver said. “We just have to in the process accept there may be another building there. It’s gonna be a fly in the ointment if we ignore it’s a possibility.”

“It’s easy to incorporate the input,” Town Planner Will Agresta said. “But how do you incorporate the design if it’s just a place-holder?”

“We can title one master development plan and then have a site plan that doesn’t include those,” Rennia said.

 Is it a shopping center?

“That will have to come under a separate site plan,” Jurkowski said, before the discussion approached  whether the project qualified as a shopping center.

“If it’s a single grocery store on its own parcel of land it does not constitute a shopping center,” McLaughlin said.

“If the other stores proposed at the moment are built, while not connected, it starts to create the appearance of a shopping center,” Culver said.

“That interpretation has to come from the code enforcement officer,” said Jurkowski.

McLaughlin then said the parameters are set by shared walls and adjoining buildings on the same parcel, etc. He said he will run the definition by the town’s attorney.

Following those details, Joseph asked those present if the application would progress more smoothly without involving Thompson’s plan for the franchises.

“He’s kicking up dust,” acknowledged Culver, before stating the status quo works best. “I think with the actual land there the current proposal makes the most logical sense.”

“I just want to marry what is existing with what is new to make the most sense,” Joseph said, adding otherwise he could seek to buy more land from Basil’s, although he would prefer not to. “My goal is to stay the course. It is the best plan and we spent time to make it work.”

 In compliance?

The question of whether Thompson Plaza and Basil’s Auto are in compliance with town codes at the moment was next raised. The answer surprised some.

“No, they are not in compliance,” the building inspector said. “With Basil there’s a boneyard in the back with a number of unregistered vehicles and property maintenance issues. You would be foolish to think these would not be issues for you.”

McLaughlin then told Joseph he has identified outstanding issues with both Basil and Thompson in a “not-committed way” and will compose a more formal letter with the board’s secretary, Lisa Cope.

“Both of them have said they’re willing to comply,” Joseph said of the two.

“There’s a fiduciary wish,” Culver said of the businesses’ motivation.

“Is it citation time?” asked Shapiro.

“We have a formal set of applications here,” McLaughlin said. “I would rather do it in a cooperative fashion.”

 Water issues

Those gathered then spoke about water; the applicant wants to join in with the town’s water district (which works off of the village district). A letter must be sent to the Town Board indicating its wishes. Joseph said neither Thompson nor Basil desire to be included in the water district.

“The health department may have a say in this,” McLaughlin said.

“Although they may not want it, as soon as you run pipe through there they will benefit, so that’s something the Town Board may want to look at,” Jurkowski said.

“The county has very specific standards,” McLaughlin said, adding sprinklers are a must for such projects. “The Department of Health has to prove we have an adequate water supply.”

It was estimated that 35,000 gallons of water are used daily in a supermarket like the 35,800-square foot store being  proposed.

 Getting things rolling

It was then decided that rather than wait until everything is discussed and the applicant has a collection of all that needs to be submitted, things be turned in as they’re ready.

“I think that’s why we’re meeting today, to lay out the information from the application and the issues we have,” Jurkowski said. “Then we can build upon them so they’re not put off and they can be dealt with.”

Culver noted that if there are holes in the application, it’s because the board has requested it be handed in as soon as possible, even before its completion.

Joseph said he will return for the board’s next meeting on March 23, although Part 1 of the State Environmental Quality Review Act (SEQRA) process may not yet be completed; he plans to be on the April 13 agenda as well.