Noah Katz, Foodtown owner, tried to tell the board at its May 6 meeting that winter weather had interfered with his plans, but he was effectively hushed by a board member, who wasn't buying the explanation.
"We are looking for the date you are going to clear all the parking spaces and when the signage is in compliance," Anne Sanford, planning board member, said pointing at Katz.
"I want to just say that we want to do the right thing, we'll get it done," said Katz.
"It's been eight months and the only reason Foodtown came before this board is that we asked them to," Sanford said.
"It couldn't have been done in winter, we had to wait until the spring. We'll get it done," Katz repeated.
|
|
The board had delivered an ultimatum to both Foodtown and the Tractor Supply Co., which share a parking lot in the Amenia plaza, owned by Foodtown.
The board told both businesses either to move or to eliminate a fenced-in area in the parking lot because there aren't enough parking spaces for the number of operating businesses there. The board said the cramped area creates a safety hazard.
Sanford and the board asked Nancy Brusie, zoning administrator, if the town had any recourse to being ignored by Foodtown.
Brusie told the board it would have to issue a violation to Foodtown if it wanted to force any action on the part of Foodtown.
"There is now an actual complaint and investigation underway," said town attorney Arabella Teal.
However, any plans to remedy the situation in the Foodtown and Tractor Supply parking lot would also need Planning Board approval.
"Any plan to move the existing cage would require the issuance of permits to do it," and the board would need a site plan application, Sanford said.
Board member Eliot Soroka said Foodtown had submitted a "schematic plan," not a site plan application.
"Since it is unclear as to everything going on, I suggest the applicant (Foodtown) withdraw and do the project in phases," said Brusie. "The most serious issue is the fence."
Brusie said Tractor Supply and its management seemed agreeable to any suggestions from the planning board or zoning officials on how to remedy the fence problem.
"Tell me today to go issue a violation to Foodtown and Tractor Supply," said Brusie. "Our objective, though, is to always solve the violation" before punishing the violator, Brusie added.
Take project in phases
The board decided that removing the fencing and other projects at Foodtown should be spilt into phases. Members want to ensure both the problem with the fence is fixed and to allow Foodtown and Tractor Supply options for moving the fenced-in area and expanding their space.
"We could deal with one part, then do SEQRA (the state-mandated environmental review process), then finish the project later," said Soroka.
The town and Teal would define conditions that approval would be contingent upon, including removing the fence from the parking lot and completing the SEQRA process.
"The fella I spoke to at Tractor Supply was most cooperative," said Brusie.
The board is awaiting a site plan application from Foodtown, but as far as moving the fence, Brusie said, "As far as Tractor Supply goes, I am confident with what we have."
"There hasn't really been an application yet," said George Fenn, Planning Board chairman. The board needs Foodtown to submit a site plan application and a SEQRA form before it can even begin to proceed with the fence part of the approval process.
