nothin Foe Neighbor Takes Grocer’s Plan To The Edge | New Haven Independent

Foe Neighbor Takes
On Grocer’s Plan

Thomas MacMillan Photo

Will truck deliveries clog this lot?

As grocer Peter Dodge gears up to expand his natural foods store, he’s run into an obstacle: The property owner with whom he shares a parking lot.

Dodge appeared in the Hall of Records Tuesday night as the Board of Zoning Appeals (BZA) heard his application to expand his Edge Of The Woods grocery store.

The board didn’t vote on the matter. Since it involves parking, zoners referred it to the City Plan Commission, which will take it up at its meeting on Wednesday.

Dodge seeks a special zoning exception to replace one legal non-conforming use with another of lesser impact.

The grocer (pictured) has been converting a former pillow factory near his store into a warehouse and office space for the longstanding natural foods grocery at 379 Whalley Ave. The warehouse building is accessible from Whalley Avenue, by driving through the so-called Edge Of The Woods Plaza.

That access is precisely the problem, claimed Richard Raphael, an attorney for Harold Smith, the man who owns the building across the plaza from Edge Of The Woods. Having semi and box trucks making deliveries through the plaza will harm the businesses in the building, including a dry cleaner and Chinese restaurant Raphael said.

Raphael (pictured) showed up at Tuesday night’s BZA meeting to speak out on the matter. He got going even before Dodge’s attorney could speak. As zoners called the item on the agenda, Raphael stood and tried to interrupt, to call on the board to table the item.

Board Chair Pat King overruled the outburst and allowed Dodge’s attorney, Marjorie Shansky, to proceed with her presentation.

In previous incarnations as a pillow factory and more recently as a florist, the building had accepted deliveries by way of Norton Street, Shansky said. That will cease.”

Deliveries would be made only by way of the Whalley Avenue parking lot, she said.

There would be about 10 semi truck deliveries per week occurring in the early morning before Edge Of The Wood opens, she said..

The store would also received box-truck deliveries, accommodated by a special spot in the lot, Shansky (pictured) said.

There would be a means of transferring goods from the warehouse to the store in a manners that is not disruptive,” Shansky said.

Edge Of The Woods would not hire any additional employees, she said. The addition would simply relieve a challenging storage operation.”

How is it less intensive than previous uses? asked King.

Because the new used would be integrated” into Edge Of The Woods’ existing operation, rather than a separate, additional business, Shansky said.

The proposed Edge Of The Woods warehouse.

After Whalley Avenue Special Services District head Sheila Masterson spoke in favor of the application, Raphael spoke against.

He began by saying that he had wanted the board to table the matter, since his client, Smith, is in Florida and won’t be back until next month.

Smith would be dramatically negatively affected” by the expansion, Raphael said.

Shansky may claim that semi deliveries will be only between 6 and 8 a.m. in the morning, Raphael said. How can that ever be monitored? No one can ever police the 6 to 8 regulation.”

Furthermore, the back corner” store in the building is a dry cleaner, which sees the majority of its drop-offs between 7 and 9 a.m., Raphael said. Semi truck deliveries would severely adversely affect” the business and ultimately lower the value of the property, he said.

Smith and Dodge have a Declaration of Covenants” between them under which they have agreed to share the lot as a driveway for mutual benefit, Raphael said. Neither party’s use can impinge on the other’s reasonable use and enjoyment” of the area, he said.

It didn’t give Mr. Dodge the right to access another property,” Raphael said. It is fundamentally unfair to my client.” Allowing semi deliveries there would also be a disaster financially” for Smith, Raphael said.

Dodge has access to the building through Winthrop Avenue, Raphael said.

Smith has never contacted Dodge to discuss this situation, Shansky said.

With respect, she told the board, You’re not the arbiters of a private covenant.”

Winthrop Avenue is a residential neighborhood; it is not an option for semi truck deliveries, Shansky said.

Dodge would not do anything to make it difficult for people to get in and out of the lot; it wouldn’t be good business, Shansky said. There is no interest to my client in obstructing access.”

Dodge has already transformed the building and made it charming,” she said. It is an upgrade for the neighborhood.”

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