A history of Hannaford and the NE Planning Board

NORTH EAST — Last week, Millerton Square Plaza owner Skip Trotta went on the record sharing the good news that he is in contract with a prospective buyer interested in bringing a grocer to his now vacant plaza.

No application for plaza

While the article was surely welcome to readers, it misstated that “it seemed as if Hannaford would lease the space” from Trotta, who also indicated that an application had been submitted to the North East Planning Board roughly a decade ago for the supermarket giant to do business in his plaza. That is not true.

Even Planning Board Chairman Dale Culver felt it worth chiming in to make a statement.

“I would like to go on the record, saying I felt we did everything we could to work with the proposed developer to get the supermarket project to completion, and the project was approved,” said Culver on Friday, Feb. 25, “but I don’t remember it ever having anything to do with Millerton Square Plaza. Maybe Skip could refresh my memory.”

A call to Trotta for comment was not returned by press time.

Hannaford history

The town records, this paper’s archives and countless interviews show what actually transpired, is that on June 5, 2013, the North East Planning Board gave developer John Joseph (no relation), of Southern Realty and Development LLC (SRD) in Warwick, its stamp of approval to build a 36,000-square foot supermarket (later revealed to be Hannaford) off Route 44 in the town’s Boulevard District. Joseph had spent more than two years before the Planning Board in the site-plan review process.

Initially, the developer would not reveal who his client was; an article ran in the Feb. 17, 2011 Millerton News  quoting Joseph saying, “I cannot tell who my tenant is right now,” promising this reporter she would be the first person he would call.

Details that were known back then included that the applicant wanted to construct a large, brand-new supermarket from the ground up on a 10-acre lot owned by Harlem Valley businessman Robert Quinlan, to be leased by the grocery store.

The property was adjacent to Thompson Plaza, where the former Kids Time and Avocado Café were located, with frontage on Route 44.

Plans were for one common entrance for both the supermarket and Thompson Plaza, with the supermarket having its own parking lot.

There were extensive studies conducted; the applicant had hired local engineer Rich Rennia to work on the project.

For the Planning Board, then-Town Engineer Ray Jurkowski and Building Inspector Ken McLaughlin worked to study issues such as parking, paving, the water supply, sprinklers and more.

Then there were other concerns, like bog turtles. For that,  the town’s Conservation Advisory Council (CAC) was called in, as the turtles are an endangered species and its habitats require protection.

Michael Klemens, a research and policy conservationist who was with the Cary Institute of Ecosystem Studies in Millbrook at the time, became involved in the project.

Why not the plaza?

In 2011, Joseph was asked why his client was building new rather than taking over and remodeling the existing Grand Union at Trotta’s plaza. He acknowledged it had tried. He responded in the Feb. 17, 2011 article:

“We did make an effort to purchase the lease and occupy that space from C & S Wholesalers [which owned Grand Union],” Joseph said, adding that his client felt Millerton was due for a new grocery store. “Repeatedly. And they told us the are happy where they are and that they are staying put.”

This reporter tried to call C & S at the time for comment, but wrote in that same article “calls were not returned by press time.”

Lawsuit another hurdle

Another challenge to bringing Hannaford to Millerton roughly a decade ago? Two Article 78 lawsuits were filed against the North East Planning Board and SRD. Both were dismissed, recalled Planning Board member Chip Barrett.

“Instead of blaming the Planning Board, people really need to go to Sharon Kroeger, and the Katz brothers who own Freshtown,” said Barrett. “These are the people who caused all the problems and are why we don’t have a supermarket. That’s a fact. I’m getting sick and tired of people saying, ‘Why don’t we have a grocery?’ We did all the right things and we approved it. It’s like I spend my life trying to defend what I do and I don’t even get paid for it.”

Barrett explained that Kroeger, who owns Calsi’s Market in Wassaic, started a group called the Ten Towns to Preserve Main Street. It included local grocers concerned a large supermarket could undercut their prices and take away their business.

As Kroeger lives in Amenia, and had no ties to Millerton, she recruited the late Anne Veteran to join an Article 78 lawsuit and give it what is called local “standing.” The suit claimed the Planning Board’s environmental review process was faulty.

Noah and Dan Katz, owners of Foodtown in Amenia, now Freshtown, also fought the Hannaford application. As C & S clients, the brothers lobbied the project and threatened not to do business with the wholesale food supplier, said Barrett.

“That’s why it didn’t happen… [but] we approved it, then it immediately was sent to Article 78 by Anne Veteran, who was backed by Sharon Kroeger and the Katz brothers, who went to the Southern District Court in New York, which is notorious for sitting on things for a year, which they did,” he added.

Lawsuits tossed by courts

“Then they threw it out,” Barrett said. “Then they turned around and sued the town again with another Article 78, and tied it up in Southern District Court for one more year.”

On May 4, 2016, a ruling was handed down by the Supreme Court of the State of New York, Appellate Division, Second Judicial Department, dismissing the appeal against the Planning Board and SRD to block the market.

Just like at trial, in appeal, the case lost a second time due to lack of standing. The other complaints were deemed inconsequential, said Planning Board Attorney Warren Replansky at the time.

As Barrett put it, “Hannaford, in the meantime, got tired and went away.”

Hannaford too large

What also happened, as stated in last week’s article, is that the Justice Department got involved. It ruled Hannaford had become too large in the Northeast and needed to sell off some stores rather than open new ones. It did; the Maine supermarket company merged with Stop & Shop in North Canaan, Conn., to bring goods to area shoppers.

At the same time, Joseph stopped appearing before the Planning Board without explaining his reason for doing so, according to its members.

We need a market

Culver said he was sorry that happened.

“At the end of the day, the town needs a supermarket, but some of that is outside of our control,” he said. “There is not a single law we can change that can make that happen: not density, not population, all of those things are outside of our control.

“But I look forward to whoever comes to the plaza,” added Culver, “if they even have to come to us; if they stay within the building there may not be much we have to say about it anyway.”

Planning Board member Bill Kish, though, said “it is likely that whoever buys the Millerton plaza will need to work with the Planning Board. We will ensure that they feel welcome.”

Barrett agreed the board will do all it can to ensure any potential application goes smoothly. He added whatever may eventually happen at the plaza, he just hopes it all works out and a grocer can move in and open as quickly as possible.

“Now we have to make sure we don’t jinx a supermarket coming to the plaza,” he said.