Tuesday, December 10, 2013
Supermarket chain Hannaford Bros. has raised objections to a proposed 40,000-square-foot office development in Scarborough, citing its purchase option on the land abutting the site, as well as traffic and storm water changes that could be created by the proposed project.
The project calls for the construction of a Town & Country Federal Credit Union on a lot located on the private Foley Farm Road. Hannaford has a Scarborough supermarket in the Oakhill Plaza Shopping Center, which is next to Foley Farm Road.
In a letter to the Scarborough Planning Board, an attorney for Hannaford asserted that in 1988 the company was granted a first option to purchase the land upon which Foley Farm Road is located.
That prevents the owner of the Foley property from diminishing the value of that property or shifting any portion of the property to another owner without Hannaford’s consent, said Verrill Dana partner Scott Anderson, the attorney for Hannaford.
The development company, Risbara Family Development LLC, had indicated that it planned to shift a portion of Foley Farm Road to the town of Scarborough.
“The creation, however, of easement rights in favor of Risbara over Foley Farm Road and/or the dedication of all or a portion of Foley Farm Road to the Town of Scarborough for use as a public street would violate the rights of Hannaford under its existing lease of neighboring property,” Anderson said in a letter to the planning board.
“Risbara does not have, and cannot acquire without Hannaford’s consent, a sufficient interest in Foley Farm Road to implement its project,” Anderson said in the letter.
Scarborough Town Planner Dan Bacon did not immediately return calls seeking comment.
Risbara Brothers Construction and Town & Country Federal Credit Union could not be immediately reached for comment.
The planning board gave preliminary approval to the project on Aug. 26. The board still needs to approve the site plan. The Maine Department of Environmental Protection also needs to issue a storm water permit.
“We feel that this particular project needs additional review because there are a number of questions outstanding,” Hannaford said in a statement. “The rights to all property involved in the project need to be resolved. Traffic impacts and storm water issues need to be better understood. DEP permitting also needs to be further along. Allowing time for resolution and feedback on these issues is the prudent course.”
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