Village Adds Teeth to Fresh Thyme Deal

Taking unprecedented steps, the Village Board of Trustees made its intent clear Monday to protect homeowners in the Deer Run and Briargate neighborhoods from the impact of Fresh Thyme Farmers Market when the store opens next year in Cadwell Corners.

During a first reading of the ordinance granting Fresh Thyme and shopping center ownership a special use permit to operate, the Village put specific restrictions spelling out hours of operation, times for unloading of merchandise, frequency of trash compactor use and more in an unusual supplemental agreement. This has never been done before.

“We want to make sure they have an understanding of how the restrictions work,” Village Attorney Peter Colbentz said. “This is much more effective than a court process.” The agreement contains the ultimate punishment—the right to revoke the special use permit.

Among the requirements is a fine structure for deliveries made before 8 a.m. or after 8 p.m. Should that happen, it will cost Fresh Thyme $250 for the first offense and $500 for subsequent violations. The complete agreement is contained on the Village's website.

Those penalties were not good enough for some neighboring homeowners. “The fine structure should be more aggressive,” homeowner John Sheldon said. “It should be more like $1,000 the first time, $2,500 for the second and $5,000 for repeated (offenses).”

Fresh Thyme Vice President of Construction Tracy Lindsey said his company had agreed to the penalties set out in the agreement. He believes they are a strong motivation. “We’ve got to sell a dollar of goods to make a penny in profit,” he said. “Five hundred dollars makes a difference.”

Another requirement, this one imposed on the shopping center, is the installation of a new fence and landscaping on the property line separating Cadwell Corners from the adjacent residential area. Mayor Harriet Rosenthal and the Trustees made it clear they want the homeowners getting communication and consideration.

“There is real bad history between the center and its neighbors and we want to make sure they are (considered),” Rosenthal said. “We are going to be very vigilant on this.”

Before the meeting was over, Trustee Alan Farkas let Lindsey know there is a large constituency in the Village looking forward to Fresh Thyme’s arrival. “What you don’t see here is all the people who (tell me) they will come and shop,” he said.

The final agreement and ordinance will receive a vote from the Trustees Nov. 4. At the same time, the Board is expected to vote on final approval for special use permits for Pure Barre Fitness Center and Gracie Barra Martial Arts Studio at Deerfield Square.

Patch will have a more detailed story on the Fresh Thyme discussion and other issues dealt with at today’s meeting, including the inclusion of two teenagers becoming voting members of the Community Relations Commission, later this week.

Get local news in a daily email from Patch. It's like getting a free newspaper. Learn more. Then "like" us on Facebook or follow us on Twitter.