Zoning Board Begins Stop and Shop Testimony, Postpones Decision to Undetermined Date

Stop and Shop has presented its first case to the Zoning Board of Adjustment for a planned expansion, with the board deferring further decision of the proposal to an undetermined date.

The meeting did not focus on the expansion, but rather legal issues surrounding the type of variances needed by the supermarket for the expansion. After taking testimony from four witnesses on behalf of the supermarket, including cross examination from an attorney representing an opponent of the planned expansion, the board declined to proceed further on the case Wednesday evening, citing the late hour. Board Chairman William Heinbokel had said at the beginning of the meeting, that the board would not hear any new witnesses following 10 p.m.

The meeting was a special one designed to solely consider the Stop and Shop issue. The board declined to consider a date for a new special meeting for the supermarket expansion during the Wednesday meeting, saying it was not the right time for board members and representatives for all sides to review their calendars. The board decided to defer consideration of a new date until the June 14 regular meeting of the zoning board. At this meeting, board members and representatives of both sides will review their calendars to determine a date for a special meeting, which could occur several months later. A special meeting is considered likely for the expansion, given the length of testimony and public comment in the matter. During a March zoning board regular meeting to discuss dates for a special meeting, Wednesday was the only date agreed on by all members.

The issue currently before the board is not discussion of the proposed expansion, but rather technical issues surrounding the type of variances needed by the store for expansion. The supermarket is arguing for a C variance, which says that the uses being proposed in the expansion are already permitted in the general business zone and a decision needs to be made on the specific proposal. The C variance would move the land use decision before the planning board. The town's zoning officer has determined a D variance is needed, saying that the proposal is for new uses of the general business zone. Under this case, the zoning board would make the decision.

Howard Geneslaw, the attorney for Stop and Shop, presented four witnesses who outlined the proposed expansion and the reasons behind the proposals being for permitted uses of the zone. The proposals center on creating new parking which would involve knocking down two neighboring office buildings, the creation of a monument sign for the store at the new parking lot along Elm Street, locating food preparation areas in the basement of the store instead of on the main shopping level and having an outdoor display of seasonal items, including patio furniture and plants.

"This is not a an application for site plan approval," Geneslaw said. "We understand there could be issues with landscaping and other issues the public may have."

Discussion centered mainly on moving the food preparation area to the basement and the outdoor display of merchandise. Frank Maglio, Stop and Shop's corporate real estate director, testified that the food preparation area would allow for more retail space on the main sales floor. Food prep duties in the basement would include the thawing of frozen seafood, baking breads and muffins and placing rotisserie chickens on spits. Chickens will be cooked on the main sales floor. In addition produce will be washed in the basement.

Maglio noted that the basement was not originally designed for more than storage use but it contains 10,000 square feet that can be used for other purposes to free up space on the main level. Maglio and other witnesses said that the supermarket will install all equipment, tiles and other items to meet the health code.

"The store was originally developed with the basement as a dry storage area and some freezers," Maglio said. "Over time there has been less of a need for dry storage. It would be a shame to not use the basement."

In addition, Maglio said customer restrooms will be moved from the basement to the main sales floor to allow for a better handicapped access to restroom facilities.

Supermarket offices would also be retained in the basement. This would include the general manager's office and offices for department heads to store files and make phone calls. Maglio said department heads would spend little of their time in the basement.

"Generally most managers don't spend most time there," he said

In the area of outdoor displays, Maglio said these would be seasonal in nature and would not involve sales outside the store, which is prohibited in current town land use law. He said customers would be able to see items like pumpkins, wreaths and mulch outside but would need to purchase the item inside. The store is ruling out the display of hay bales and corn stalks in the outdoor area.

Maglio said items can remain outside while being purchased inside.

"We do not expect people to carry mulch inside," he said.

The items will also remain outside overnight and will be restocked during that period Maglio said the store's night staff will be responsible for guarding the outdoor items during the overnight hours.

Daniel McSweeney, a professional planner retained by the supermarket, said that in his analysis, the uses proposed by the supermarket conform with the definitions set in the town's zoning law for the general business district and with state law for which variance is needed. He explained that the proposals are all in line with what is allowed in a general business zone, including food preparation in the basement and the outdoor display area.

McSweeney said a state appeals court ruling allowed for a Hoboken restaurant to locate its kitchen to the basement under the zoning law.

John Schmidt, an attorney retained by former Councilwoman Janis Weinstein, who is opposing the supermarket's expansion, questioned McSweeney over the food preparation area, saying that the ordinance does not allow food prep in the basement, which would require the D variance. McSweeney said the court ruling and laws allow for the food prep area to be moved with the C variance since food prep is allowed in the general business zone but not in the basement.

Schmidt also centered his questions to McSweeney on the outdoor display area, noting that sales could take place in the area, which McSweeney said would not be the case under the supermarket's proposal. In addition, Maglio explained to Schmidt that the store would not be making sales outside, just displays. Sales are currently not permitted in the ordinance and would require the D variance to change the law, rather than the C variance the supermarket is asking for to reinterpet the law.

Schmidt's questioning to Maglio also centered on the amount of hours the food prep workers would spend in the basement. In his cross examination of Maglio, he asked Maglio about his earlier comment that 16 man hours a day would be spent on baking and 12 man hours a day would be needed for placing uncooked rotisserie chicken on spits for transport. Schmidt said that workers should not spend that much time in a basement doing those duties on a daily basis and said it could cause issues.

Maglio said the man hours he cited would be a total amongst all employees in various departments including deli and baked goods and employees move around the current store from the floor to food prep. He said no one employee would spend 12 hours a day in the basement placing chicken on spits.

Weinstein declined to comment on why she retained an attorney for this matter.

Remaining for future board meetings on the current case are any witnesses in opposition to the supermarket's appeal of the type of variance needed, public comment and questions on the variance issue, board discussion and a board decision. It is not known when the board will schedule the next special meeting for. Following a decision by the board, the land use board determined to have jurisdiction will take up meetings on the construction proposal.