Supermarket hearing continues

NORTH EAST — The public hearing on Southern Realty Development LLC’s (SRD) application to build a 36,000-square-foot supermarket off Route 44 behind Thompson Plaza continued on Wednesday, May 9, at the Town Hall. The room was full, as the issue of whether the supermarket should be approved has become a regional one, attracting North East residents as well as people from neighboring Amenia, Pawling and other communities.The public hearingThe public hearing had originally opened on April 25 at Webutuck High School to accommodate the large audience. At that time there was a detailed presentation of the planned development by project engineer Rich Rennia; for that story and more, refer to the Thursday, May 3, issue of The Millerton News.The May 9 continued public hearing began with comments by Freshtown representative Marsha Goldstein, an attorney from the White Plains firm Zarin & Steinmetz. Dan and Noah Katz, who own a number of Freshtown supermarkets (including in Amenia and Dover Plains), have announced plans to take over the existing Grand Union in Millerton and convert it to a Freshtown. The brothers have hired consultants and attorneys to present their plans, although they do not have a formal application before the Planning Board (nor do they yet have the consent from Grand Union landlord Robert Trotta). They have also hired Sterling Environmental Engineering from Latham, N.Y., which argues the 10.5-acre site where SRD plans to build is unsuitable for development. The brothers have publicly claimed their experts have studied the land, the adjacent wetlands, the native species — and that all make building there impossible. The land’s owner, Robert Quinlan, has said, however, that he’s never been contacted by the Katzes or their consultants to conduct any studies. In response, Dan Katz has said the studies have been done from afar.“We concluded and our experts concluded that [a supermarket] couldn’t be built,” he said, adding they looked at “hypotheticals,” without actually examining the SRD site first-hand. “But we never got as far as approaching the landlord.”Meanwhile, at the May 9 public hearing, Goldstein told the Planning Board she faxed its office an eight-page letter from attorney Michael Zarin, Freshtown’s head counsel. The gist of his letter, and her argument, stated the following:“The proposed project [should not] be shoehorned into an environmentally sensitive site,” Goldstein said. “I urge the board to do the necessary studies to ... [evaluate the] impact of this project.”She also prompted the board to make a positive declaration during the State Environmental Quality Review Act (SEQRA) process, which would indicate there would be a (possibly negative) impact on the environment as a result of the project. It would also entail a lengthier, more detailed review of the application.Millerton resident “NASCAR” Dave MacMillan thanked the Planning Board for its hard work and asked it to continue following all rules and regulations. He then spoke of Millerton’s character.“Main Street in Millerton is made up of small businesses,” he said. “To move the center of town from part A to part B, I’m not sure that’s a good thing for this town.”He also asked if the new supermarket will “give back to the community” and support causes like Adopt-a-Family and the local food banks like Freshtown has throughout the years.“I try to support the local economy and I personally don’t want my own money going overseas to a big company,” he said, repeating what other opponents have said of the Belgium-owned Hannaford supermarket, which many believe will occupy the space to be built by SRD. SRD developer John Joseph has not confirmed whether the Millerton supermarket will be a Hannaford. But Planning Board members and even members of the SRD team have openly referred to the new market as a Hannaford.Wassaic general store owner Sharon Kroeger addressed the regional impact a new supermarket might have.“This mega store will not only sell food, it will sell flowers and pharmaceuticals, and presumably whatever liquor it will be allowed to,” she said. “And you don’t have to take away all of a store’s business to put them out of business, you just have to take away a certain margin.”Tonia Shoumatoff, watershed manager for Housatonic Valley Association, said she felt there needs to be a greater buffer distance between the building and the wetlands.“Many reputable experts have recommended a 300-foot buffer,” she said. The plan only calls for a 100-foot buffer, as is required by law. “The solution might be to ask the applicant to shrink the project to 26,000 feet from 36,000 feet. Do they really need all that space?”She also suggested the board require solar panels, a living roof and other eco-friendly details as a part of the project. Additionally, Shoumatoff said the board should prohibit the new store from selling items that would compete with businesses on Main Street.“If I were you and it were my town, [I would say], ‘We would like you to respect our local business and not obliterate them,’” she said. “‘We would like you to not have another florist, or book store, or diner, etc.’ Millerton is a very special place.”Town resident and former village Planning Board Chairwoman Cathy Fenn told the board she had “full confidence” in its ability to handle the application fairly. Fenn said she shops out of town, and that a new store will draw more people into Millerton, bringing their dollars with them.“It will be good for the community,” she said. Millerton Mayor John Scutieri followed Fenn.“This is frustrating,” he said. “This is a matter of local concern. This town needs a new grocery store. Talk to any one of our local businesses, and the majority of people on Main Street want to see this happen. It will be good for Millerton and will keep people local. “Let’s forget the fictitious problems we’re being told will be created ... it’s being dragged on and on,” he said. “We’re absolutely excited about it and everyone I talk to who lives in Millerton is excited about it.”Dee Dee Mandino, representing the Sharon Shopping Center in neighboring Sharon, Conn., said the two communities were “interconnected,” despite being in different states.“The culture in the Northwest Corner is what makes this community unique... At this moment in time we get to make a decision, and once that decision is made we never get to take it back,” she said to the board. “I ask you to consider preserving what we have.”Roger Wolf was the last to speak.“You guys do a great job,” he told the board. “This is a great little town full of eclectic, weird little people. We deserve a quality [store].“Competition is a good thing,” he added. “It keeps everybody honest and on their toes — smart and sharp. If they can’t compete with that then they’ll fall away.”With that the public hearing was continued, until Wednesday, May 30, at 7:45 p.m. at Town Hall. It was continued because the Planning Board is still waiting to hear back from some of its consultants, according to Chairman Dale Culver.Post-hearing discussionAfter the hearing there was a discussion among the board members, Town Planner Will Agresta, Town Engineer Ray Jurkowski, Joseph and Rennia.Agresta said the Planning Board still has an outstanding letter to the Department of Environmental Conservation (DEC). He said it’s now time for the applicant to put some pressure on the DEC to encourage its response. Agresta also said the board should be getting back a response from the U.S. Fish & Wildlife Service, regarding a bog turtle study.Planning Board member Chip Barrett brought up the setback issue, referring to the wetland buffer. Rennia said it’s because the setback is at 100 feet that there is so much detail and attention paid to the wastewater system and water filtration and storage systems. The question was raised as to whether the adjoining properties (Thompson Plaza and Basil Auto Sales and Service, both of which need lot line adjustments for the application to be approved) were in compliance with the building department. Culver confirmed that they are. Town law requires adjoining properties to be in compliance for pending applications to move forward.The wetlands, meanwhile, are going to be put into conservation. In total 6.3 acres of the 10.5-acre site will be put into an easement. It’s not clear with whom, but the board talked about placing the easement with the Dutchess Land Conservancy as a possibility.