By Patrick Adrian Staff Writer
CLAREMONT — Resident and attorney Jim Feleen is raising concerns about a third commercial property, the Hobby Lobby plaza on Washington Street, that is encroaching on city-owned land occupied by the recreational Bobby Woodman Rail Trail.
In a letter sent to each member of the Claremont City Council on Monday, April 5, Feleen points out that a large section of parking area in the Claremont Marketplace, a plaza whose largest business is Hobby Lobby, visibly appears to cross into city park property.
Feleen’s email conveys concerns about the city’s effort to license city-owned park property to local businesses, some of whom have used the land for years.
According to satellite mapping and a site plan of the property (last revised in 1993), approximately 30-40 parking spaces in the Hobby Lobby plaza appear to lie on the city-owned Bobby Woodman Rail Trail property.
This could be in violation of the federal agreement pertaining to the Bobby Woodman Rail Trail’s funding, according to Feleen, which prohibits the use of motorized vehicles on the Bobby Woodman Rail Trail property.
Correspondence between Feleen and former City Planner Mike McCrory in 2018 indicates that city officials had permitted the lot encroachment when the original K-Mart was built.
In emails to Feleen, McCrory said the history of the project was very complicated and resulted in a number of legal documents. Those records show that all parties, including city and state officials, were aware of the encroachments when the parking lot permission was approved.
McCrory also informed Feleen that these permissions remained valid when Hobby Lobby purchased the property in 2018 because the new tenant is not changing the property’s use.
“I can appreciate your desire to be proactive on this matter, but there is no basis for the City to compel the contractor to stop work,” McCrory wrote. “I would recommend a well-considered and collaborative approach with the property owner to restore the [right-of-way]. If you wish to proceed I suggest a consultation with the City Manager.”
But those permissions were given prior to the city’s ownership of the railroad land. In his letter to the council, Feleen believes that permit to Hobby Lobby would violate the federal agreement.
“This is the first I’ve heard of any permitted parking for the Hobby Lobby site on the rail corridor,” Feleen wrote. “Such a permit would violate the same federal law you are dealing with at [Maurice Auto & Truck].”
Claremont City Manager Ed Morris is also proposing the council’s approval of two land licenses to local businesses, one to Reed’s Truck Services, located at 287 Washington St., and a second to Maurice Auto & Truck, located at 299 Washington St. For several years both companies have been parking their vehicles and trailers on part of the city-owned Bobby Woodman Rail Trail corridor.
Morris said this agreement would remove the stress on the businesses to move their inventory and the city would receive compensation in taxes on the property.
Feleen has expressed his objection to these proposals, saying they appear to violate the Federal guidelines for the Bobby Woodman Rail Trail corridor and that permitting city park property for use by commercial entities is an unwise precedent.
Feleen also advised the council against allowing a parking permit to Hobby Lobby.
“Just because site plan review can be waived doesn’t mean it should be,” Feleen wrote. “The [Bobby Woodman] rail trail corridor is a city park. That use is more important to the community than parking spaces for a retail abutter.”
As your daily newspaper, we are committed to providing you with important local news coverage for Sullivan County and the surrounding areas.