The expansion of United Natural Foods (UNFI) facility on Neelytown Road was granted the necessary approvals to move forward by the Town of Montgomery Planning Board last week. The approval did not come easy or without conditions, as the lengthy meeting was marked by the now familiar arguments.

“I don’t think there’s been a concession that the applicant has to get the trucks off the road. I haven’t heard that,” said Planning Board attorney Richard Hoyt.

“We disagree as to whose fault it is,” replied the applicant’s attorney, Dominic Cordisco.

UNFI has an existing 496,023 square foot warehouse on Neelytown Road, also known as County Route 99, which was approved as a two phase project in 2013. The company is looking to expand their facility with the second phase, a 165,093 square foot addition, however the facility regularly has tractor trailers lined up out of their facility and down the road, parking on the road for hours. As many as 19 trucks have been counted in this queue, waiting for permission to enter the site. At times the line has stretched as far as Beaver Dam Road and has blocked traffic, forcing vehicles into the opposing lane to get around the tractor trailers.
The focus over the last few months has been on finding a solution to that safety issue—which both sides hope is a parking area the applicant has promised to construct first, before starting on their new building. The parking area includes 22 new tractor trailer parking spaces. The trouble at the most recent meetings has been getting both sides to agree on a timeline and what happens if that solution fails.

The planning board drafted an approval resolution which was reviewed and responded to by the applicant prior to the meeting, but the two sides still were not in agreement.

Cordisco wanted language like “avoid stacking” rather than “eliminate” and objected to the board stating UNFI is responsible.

“Once again you’re driving at an issue we have a disagreement about and we cannot commit to controlling something that we don’t control,” said Cordisco.

UNFI has maintained that the problem is caused by the town limiting which sides of the building they can use (due to proximity to residences) and by third-party trucks they have no control over delivering product to their warehouse.

“I think I speak for the board, that the board feels it doesn’t matter if they are UNFI trucks or third-party carriers—they’re there because they have a business arrangement with UNFI,” said Hoyt. “UNFI is responsible for any truck that brings product in, whether it’s a UNFI truck or a third-party truck.”

The planning board believes it is the responsibility of the company not to allow the traffic safety issue to occur and that the cause may be partially operational, noting that none of the many warehouses that share the corridor of Neelytown Road have the same problem.

“The unwillingness of the applicant to take responsibility for the third-party carriers, I believe, is the central root of everything we’ve been disagreeing about. And I think we still have that disagreement this evening,” said Hoyt. “At some point, the board just has to make a decision and whatever happens, happens.”

Part of the resolution will state that the truck stacking is “an unacceptable hazard and cannot continue” and that the board “determines that UNFI has the ability and obligation” to eliminate it.

The applicant’s line in the sand was the timeline for the certificate of occupancy for the expansion. The board wanted to make sure the new parking area had resolved the truck stacking prior to issuing the CO. While the applicant says the parking lot will work, they also argue that they can’t risk building the $22 million expansion if the parking lot doesn’t work and they can’t occupy the building.

“If there’s no fear of it failing, then there should be no issue,” said Planning Board member Cheri Zahakos.

It was agreed that the applicant would construct the parking lot before starting on the expansion and conduct a two week traffic study within two months after the lot was completed—as well as undergo spot inspections by the town.

Hopefully employees would have had time to adjust to the changes and the truck stacking issue will be resolved by that time. If there is still a problem, the applicant will return before the board with a proposal to resolve it, likely additional parking spaces.

“We’re heading towards a workable, practical solution. Again, my issue is holding up the certificate of occupancy for that,” said Cordisco.

Cordisco suggested that UNFI come back to the board after the certificate of occupancy because then everything would be operating.

“We would come back after it’s constructed, but we cannot have it hanging over our heads as to whether or not we can occupy the Phase II expansion,” said Cordisco.

After much discussion, a compromise was reached. A traffic study will be done within two months after completion of the parking lot, during construction of the expansion. Two months after the expansion is completed and fully occupied, another traffic study will be done—as well as the previously agreed upon noise study—and the applicant will return before the board. The hope is that the truck stacking issue will be resolved at that time, but if not, UNFI will return to the board with a proposed solution.

“You’d have to come in and find more parking or something, but you’d have your CO—you’d be operating,” said Planning Board Chairman Fred Reichle.

The board voted unanimously to grant the approval resolution and motorists can expect to see UNFI mobilizing for construction of the new parking lot and expansion in the near future, as they have already applied for their building permit.

“If it solves the issue then we can all declare victory,” said Cordisco.

Cardinal Health

In other business, the planning board held a public hearing with regard to Cardinal Health and its proposed expansion of its facility on Neelytown Road. The facility was originally approved in 1991 for about 1.1 million square feet, of which about 730,000 has been constructed. The applicants are now proposing an addition to the building of about 310,000 square feet.

While part of the original project was in the neighboring town of Hamptonburgh, this expansion is solely within the town of Montgomery.

“This part of the building was originally part of that overall plan,” said Charles Bazydlo, attorney for the applicants.

Bazydlo explained that the building has shifted slightly to the north from the approved plans and the new plans call for 29 loading docks and parking spaces as well as new access to the facility, to be oriented across the street from UNFI.

“This expansion will be used as a replenishment center,” said Bazydlo.

Material will come into the site, be stored there, and then distributed to their customers.

“This material currently flows through this site from other replenishment centers throughout the country, but that creates a delay in getting the product to their customers. So the idea is to be able to have this facility here. It cuts down the amount of time it would take for them to fulfill an order for one of their customers,” explained Bazydlo.

He acknowledged that during the initial stocking of the facility they anticipate increased traffic of up to 20 loads per day over about 70 days. Once the facility is up and running, the traffic will drop to about 12-14 additional truck loads per day.

The project also proposes an additional 63 employee parking spaces.

Bazydlo stated a traffic study was completed on the impact to the intersection and that it was determined it will continue to operate at a “level A.”

During public comment, a representative from the Orange County Partnership read a letter of support, noting that Cardinal Health provides medical supplies, products and services to millions of people around the world and “is focused on improving the lives of not only those here in Orange County, but those around the globe.”

The OC Partnership believes the project will create 60 new jobs and result in increased tax rateables.

Neighboring property owner James Taylor wrote a letter of support as well, telling the board that Cardinal Health is a “caliber company” and a “great neighbor,” and that he cannot recall one negative moment caused by their actions or operations in the town.

Noting that Cardinal Health was one of the first large corporate distribution facilities to locate on Neelytown Road, Taylor said the company has “made a tremendous contribution to the residents, taxpayers, and to the town of Montgomery, Orange County, New York State and to our country.”

Bazydlo noted that their stormwater designs, lighting plan and landscaping plans have already been submitted and were reviewed and approved by the board’s consultants. They have also received a signed map from DEC regarding the wetlands on the property and submitted it to the board. They are however, awaiting a response from the U.S. Army Corps of Engineers and a letter from the local fire department.

The public hearing for Cardinal Health was continued to March 28 at 7:40 p.m.