Supermarket update: Lawsuit appeal, rumors and hope

North East — The promise of a new supermarket on the outskirts of the village of Millerton remains unfulfilled as the legal battle over the project continues in the courts. It’s been more than a year since an Article 78 lawsuit was filed against the applicant, Southern Realty Development LLC (SRD), and the town of North East Planning Board. The Article 78 is currently in its latest round of appeals. The Article 78, which is “a proceeding used to appeal the decision of a New York state or local agency to the New York courts,” according to www.lawny.org, was filed on June 25, 2013. The original application was submitted to the Planning Board two years prior. Legal woesThe legal battle facing SRD is complex, said its principal, John Joseph, on Monday, Oct. 6. Joseph submitted plans to build a 36,000-square foot supermarket (believed to be a Hannaford, though never confirmed as such) off Route 44, in the town’s Boulevard (business) District. The Article 78 was filed just weeks after the Planning Board granted approval to SRD’s site plan last year; it objects to the board’s decision to grant a negative declaration following the State Environmental Quality Review Act (SEQRA) process. The negative declaration implies the project will not have any adverse environmental impacts; it passed with a vote of 4 to 3.The lawsuit was filed by a group called “Ten Towns to Preserve Main Street,” which claimed in an advertisement that ran in the March 7, 2013, editions of The Millerton News and The Lakeville Journal that “the oversized construction does not allow an adequate 300-foot buffer for the adjacent protected wetlands, where five rare bog turtles have been identified to date. Construction of this kind undermines the ongoing economic development and rural planning in our distinctive rural towns, and contradicts the ‘Smart Growth’ law of New York state.”Sharon Kroeger, owner of Calsi’s General Store in Wassaic, is spearheading the campaign against SRD and the town of North East. She was joined by other litigants, including Millerton resident Anne Veteran, who have since dropped out of the lawsuit. Veteran, as the sole Millerton resident aligned with the Ten Towns, was the only litigant who had standing. Retired Kent, Conn., attorney Cyril Moore remains by Kroeger’s side as “co-chair” while she pursues the lawsuit.In a letter to the editor printed in last week’s Millerton News, Kroeger said the original Article 78 “lost on a technicality,” and that the response moving through the appeals court in Brooklyn maintains that “such a megastore would suck away resources currently circulating throughout our interstate 10-town region, including Salisbury, Sharon, Amenia, Pine Plains, Stanford, Wassaic, Cornwall, Washington/Millbrook, Kent and Falls Village.”More legal twists and turnsJoseph said it’s just more of the same. Former Mayor John Scutieri, who has been a supporter of the supermarket opening in town, agreed.“I wish I could give you some really good and exciting news,” Scutieri said. “The lawsuits seem new every week; it’s so terribly frustrating. The community wants to see this happen. I spoke to the developer this week, and once again another lawsuit was filed. It really seems like another lawsuit without merit to slow things down again and more money to spend on attorneys. It’s so frivolous. The only people who benefit are the attorneys and opposition to the project — who don’t live in Millerton. It’s hard to believe our judicial system can let something like this happen.”That second lawsuit was filed by the Oblong Land Conservancy Trust in Pawling, according to Joseph, which he said at one time expressed no problem with the project.“They walked the property and said it was too far [for their concern], and good luck,” said Joseph. “Then Sharon Kroeger revved them up and they went to court — so we’re responding to that. We are obviously depending on if this court will allow them to be expert witnesses.“But it’s not appropriate,” Joseph said, adding that SRD is going to ask for an extension. “They had their opportunity to come to the Planning Board when it made its decision and to be an expert witness and they said, ‘no thanks.’ Then, after we were approved, they said, ‘wait a minute; we were just hanging around and waiting.’ This could go on for another couple of years.”“Sharon Kroeger is relentless. She’s putting up such a fight,” said Scutieri. “She’s winning and nobody can seem to figure out how or why. She doesn’t even have standing in our community. But they’re still very hopeful, still optimistic, and would like very much to be in the new building or in the Grand Union plaza. It’s just tied up in legal matters right now.”When reached for a comment, Kroeger only said that she couldn’t say anything.“I am not able to talk about it,” she said, noting all she was permitted to do was write the previous week’s letter to the editor which had been approved for publication, though she wouldn’t say by whom. “I’m not able to say anything about it.”The rumor millIn the meanwhile, rumors abound. The latest scuttlebutt has Noah and Dan Katz, owners of Freshtown in Amenia and the Freshtown plazas in both Amenia and Dover Plains, getting in on the action. The Katzes were very public in their objections to the new supermarket gaining approval in the town of North East. Their public relationship with SRD has not been a smooth one. Yet it had been reported that the Katz brothers approached SRD and offered their Amenia store for lease or for sale. That, according to Dan Katz, is pure fiction.“Absolutely not,” he said with feeling. “We have no plans [to work with SRD or Hannaford]. There is nothing to that.”Joseph said he had not heard of such a deal either.Hopeful thinkingScutieri, however, said he has heard otherwise, and that it wasn’t a secret. Yet he’s holding out hope the new supermarket will make Millerton its home.“We’re looking at 90-something jobs, keeping people shopping locally, having a chain brand grocery store,” he said, bulleting some of the benefits to SRD and its tenant gaining final approval and winning in the courts. “How much longer it takes the new lawsuit, I won’t be surprised if it takes six more months. We’ll have to wait for the judge’s ruling again and hopefully sometime in mid-winter he’ll have given a decision for what they can do or can’t do.”Joseph, meanwhile, was hopeful, but realistic.“I have to wait for the courts to do their thing,” he said, adding it does get frustrating. “I got my approvals last February, so we’re going on two years. February of 2015 will be two. [I hope] we have an answer by then, and not another appeal after that.”

Latest News

A new life for Barrington Hall

A new life for Barrington Hall

Dan Baker, left, and Daniel Latzman at Barrington Hall in Great Barrington.

Provided

Barrington Hall in Great Barrington has hosted generations of weddings, proms and community gatherings. When Dan Baker and Daniel Latzman took over the venue last summer, they stepped into that history with a plan not just to preserve it, but to reshape how the space serves the community today.

Barrington Hall is designed for gathering, for shared experience, for the simple act of being together. At a time when connection is often filtered through screens and distraction, their vision is grounded in something simple and increasingly rare: real human connection.

Keep ReadingShow less

Gail Rothschild’s threads of time

Gail Rothschild’s threads of time

Gail Rothschild with her painting “Dead Sea Linen III (73 x 58 inches, 2024, acrylic on canvas.

Natalia Zukerman

There is a moment, looking at a painting by Gail Rothschild, when you realize you are not looking at a painting so much as a map of time. Threads become brushstrokes; fragments become fields of color; something once held in the hand becomes something you stand in front of, both still and in a constant process of changing.

“Textiles connect people,” Rothschild said. “Textiles are something that we’re all intimately involved with, but we take it for granted.”

Keep ReadingShow less

Sherman Players celebrate a century of community theater

Sherman Players celebrate a century of community theater

Cast of “Laughter on the 23rd Floor” from left to right. Tara Vega, Steve Zerilli, Bob Cady (Standing) Seated at the table: Andrew Blanchard, Jon Barker, Colin McLoone, Chris Bird, Rebecca Annalise, Adam Battlestein

Provided

For a century, the Sherman Players have turned a former 19th-century church into a stage where neighbors become castmates, volunteers power productions and community is the main attraction. The company marks its 100th season with a lineup that blends classic works, new writing and homegrown talent.

New England has a long history of community theater and its role in strengthening civic life. The Sherman Players remain a vital example, mounting intimate, noncommercial productions that draw on local participation and speak to the current cultural moment.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

Reimagining opera for a new generation

Reimagining opera for a new generation

Stage director Geoffrey Larson signs autographs for some of the kids after a family performance.

Provided

For those curious about opera but unsure where to begin, the Mahaiwe Theater in Great Barrington will offer an accessible entry point with “Once Upon an Opera,” a free, family-friendly program on Sunday, April 12, at 2 p.m. The event is designed for opera newcomers and aficionados alike and will include selections from some of opera’s most beloved works.

Luca Antonucci, artistic coordinator, assistant conductor and chorus master for the Berkshire Opera Festival, said the idea first materialized three years ago.

Keep ReadingShow less
BSO charts future amid leadership transition and financial strain

Aerial view of The Shed at Tanglewood in Lenox, Massachusetts.

Provided

The Boston Symphony Orchestra is outlining its path forward following the announcement that music director Andris Nelsons will step down after the 2027 Tanglewood season, closing a 13-year tenure.

In a letter to supporters, the BSO’s Board of Trustees acknowledged that the news has been difficult for many in its community, while emphasizing gratitude for Nelsons’ leadership and plans to celebrate his final season.

Keep ReadingShow less
A tradition of lamb for Easter and Passover

Roasted lamb

Provided

Preparing lamb for the observance of Easter is a long-standing tradition in many cultures, symbolizing new life and purity. For Christians, Easter marks the end of Lenten fasting, allowing for a celebratory feast. A popular choice is roast lamb, often prepared with rosemary, garlic or lemon. It is traditional to serve mint sauce or mint jelly at the table.

The Hebrew Bible suggests that the last plague God inflicted on the Egyptians, to secure the Israelites’ release from slavery, was to kill the firstborn son in every Egyptian home. To differentiate the Israelites from the Egyptians, God instructed them to mark their doorposts with the blood of a lamb. Today, Jews, Christians and Muslims generally believe that God would have known who was Israelite and who was Egyptian without such a sign, but views of God’s omnipotence in the Abrahamic faiths have evolved over the millennia.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.