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Second Chance for Foodie's: New food market seeking wine and beer license
By Administrator   
Monday, November 29, 1999 07:00 PM
Selectmen will once again hear from the owner of Foodie's, the new grocery store that will occupy the old A&P/Grand Union supermarket in Hall's Corner, at Monday's meeting. Selectmen denied a request for a wine and malt retail license when two sitting members voted one to one, canceling each other's votes at the May 14 meeting. Selectmen will once again hear from the owner of Foodie's, the new grocery store that will occupy the old A&P/Grand Union supermarket in Hall's Corner, at Monday's meeting. Selectmen denied a request for a wine and malt retail license when two sitting members voted one to one, canceling each other's votes at the May 14 meeting.

Local business owners will be looking to see if the vote of Selectman Jon Witten will be swayed considering recent developments in the request. Witten voted against the license partly because the lease of the building was not contingent on Foodie's having a liquor license. A renegotiated lease between the building owner and Foodie's owner Victor Leon is now reliant on the store receiving a liquor license. In the last vote, Selectman Andre Martecchini voted in favor of the license and Selectman Betsy Sullivan recused herself because her bank does business with Foodie's.

Attorney Robert Allen said he and his client are "cautiously optimistic" and believe it is a "positive step" that Selectmen are reconsidering the application. Allen is hoping the opportunity to re-present the case for a wine and beer license will be enough to show citizens the license is important to having a grocery store at that location.

"[Leon] was asked to come into this location," Allen said. "The town needed a grocery store, the neighbors wanted a grocery store." The Foodie's location has been vacant for three and a half years.

Additionally, Selectman Witten said he came to his decision believing the applicant had not clearly demonstrated a need for an additional alcohol vendor in Hall's Corner. Currently two other liquor stores are located in Hall's Corner: Duxbury Wine and Spirits and Wine Depot. Both stores as well as Bennett's General Store joined together in hiring a lawyer to represent them in front of Selectmen.

Duxbury Wine and Spirits owner, Carole Carroll, believes the treatment Leon is receiving by Selectmen is "highly, highly, specialized" as she thought the license issue should have disappeared after the May 14 meeting and was "puzzled" to see it reemerge.

"I believe [Foodie's] will be a success without selling wine and beer," Carroll said. "If they do sell wine and beer, we're going to get hurt."

The owners have pulled out of the Duxbury Business Association over the matter. Carroll said she and her husband have put their time into developing a customer base in town and as a current Duxbury business, she believes the DBA should be protecting the Hall's Corner liquor stores.

Carroll also said that a DBA meeting was held, of which she was not made aware, where DBA members voted to support Foodie's application for a license.

Philip Markella, vice president of the DBA, said no vote was ever taken in regards to Foodie's and that there was no "secret" meeting; instead all meetings have been regularly scheduled with postings to the website.

"There's nothing clandestine, nothing secret," he said. A "lively discussion" was had on the Foodie's situation at the May 17 meeting, which was held two days after the Selectmens' vote. The issue of Foodie's was not on the agenda, Markella said, but was fresh on the minds of members present and sparked a debate. Markella said a "decent cross-section of membership" was present, and several members signed off on a statement of support saying the DBA will support a wine and beer license for Foodie's if the deal to bring Foodie's into Hall's Corner was contingent on such a license. "But unequivocally there was no vote," Markella said.

None of the three alcohol vendors who have hired a lawyer are currently members of the DBA.

In a previous meeting the Foodie's owner said he was "uncomfortable" with the divisive situation. "He's a quiet man. He's a business man," said his attorney. "He'll be a great neighbor to the businesses and citizens of Duxbury, and they'll see that."

Selectmen are scheduled to consider the application of Foodie's on Monday, July 9, at 8 p.m.