The Amenia Planning Board, after much deliberation, passed a negative declaration environmental impact for Foodtown's proposed expansion.
The board also adopted Foodtown's site plan, outlining three pending conditions that, if not adopted, could lead to future rejection.
Both resolutions were passed by votes of 4 to 1, with town board member Elliot Soroka being the lone dissenting vote.
Soroka said he believes Foodtown's careful legal maneuvering, to avoid being brought into full conformity according to current zoning code, is irrelevant.
He said the fact that the building is being expanded at all requires the property to be brought up to code.
Foodtown has maintained the plaza was built before the zoning code was implemented and is thereby "grandfathered" out of conforming to current zoning restrictions.
"Like I said from day one, the way I read the zoning code, if construction touches the site, the work has to be brought into compliance," Soroka said.
Other board members contend only the new parts of the project are required to conform with zoning code.
"The Foodtown folks went to extraordinary lengths to get their construction site under one acre, or else it would have been a disturbance that went to the state," George Fenn, planning board chairman, said.
"The point was not to try to sneak anything past the state Department of Energy Conservation," Fenn said, adding, "They were just terribly anxious to get the project under way."
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Soroka said he was particularly concerned about the problems with site drainage, particularly the water runoff accumulating in the southwest corner of the plaza.
This concern was addressed at the planning board meeting by town engineer Mike Soyka, who had been absent from the previous two meetings.
Soyka said he found the impact on drainage to be insignificantly changed by the modifications in Foodtown's proposal.
"They don't have to upgrade anything, because they are not changing anything. The drainage in the southwest corner is only a tiny percentage of the entire drainage," Fenn said, noting, "Most of it goes off toward the wetlands in the back."
Town Attorney Michael Hayes agreed, saying, "If this were vacant land, it would be a whole different story, but if the drainage remains the same, or is somewhat improved, then the town board can't use the site plan to retro-fit."
Foodtown's 1,480-square-foot expansion includes a number of storage and retail additions to the Amenia site as well as a complete relocation of the fenced Tractor Supply display area that is in violation of zoning code.
Three conditions
The board accepted Foodtown's plan, but set three conditions to which Foodtown must adhere.
The first condition stated that Foodtown must apply for a letter of credit to cover the costs of improvements to the site. According to Fenn, a letter of credit is preferable to a bond on smaller projects and helps the town cover its interests should the builders and project contractors default.
The planning board was also concerned about the lights that Foodtown had outlined on its site plan.
According to Soyka, Foodtown was in the process of ordering new 30 foot high parking lot light poles. The zoning code law specifically states that lights can not exceed 25 feet in height from their base, he said.
Apart from height requirements, Foodtown had planned on ordering a separate set of lights that did not match the series that now illuminate Foodtown plaza at night.
Planning board members were dissatisfied with the aesthetic prospects of non-matching lights illuminating the expanded Foodtown. As a result, the town set a second condition that Foodtown's site plan would be approved only if lighting were uniform and poles didn't exceed 25 feet from their base.
Lastly, the board required Foodtown to plant three potted or planted trees in the new walkway in front of the store.
Planting trees
Foodtown engineer Pete Romano said he was unsure if he could allocate any more construction space to plant trees given the one-acre site requirement, which Foodtown has wanted to maintain to avoid bringing the plaza under review for complete conformity with current zoning code.
If the plan exceeded the one-acre limit, the proposal would be required to undergo complete review under State Environmental Quality Review Act, better known as SEQRA.
Even so, the planning board insisted that Foodtown reduce its construction space elsewhere to make room for the new trees.
The board then voted to approve the site plan, with the three conditions.
Hayes then reminded Foodtown representatives they had eight weeks to remove fencing around the Tractor Supply display area in front of the building, a condition agreed upon early in the site plan process.
Romano replied he was concerned that removing the fence would be a difficult task to accomplish within eight weeks given the potentially harsh winter conditions ahead.
Hayes responded if the project was not completed within the designated time, it was up to the planning board to decide whether Foodtown would be allowed to continue without reprimand.
If the project was mostly complete by the end of eight weeks, it's unlikely the planning board would suspend Foodtown's site plan further, Hayes said.
"As long as they do what they can before winter impedes, we'll be satisfied," Fenn said. "I'm delighted to have the site plan process over and to be able to start moving the 'cage' (Tractor Supply's display area) and getting the plaza cleaned up"
Fenn said he expects the project to be completed by next spring.
