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a a t~ <br />Village Hall Parking Lot - Mr. Buses asked Council and the Administra- <br />tion to review this situation ~.or paving. Approximately $42,000 needed <br />to complete work. <br />Heinen's Site Plan - Mr. Avery summarized the facts pertaining to <br />Heinen's request for Site Plan Amendment. <br />(1) .The Planning Commission approved a site plan with one driveway on- <br />to Aintree Park Drive and a-"trucks only" driveway across the church <br />easement to Wilson Mills. <br />(2) The Church filed suit to attempt to have the easement cancelled, a <br />suit which we do not believe has great merit. <br />(3) The Village Council exercised its prerogative in affirming the de- <br />cision of the Planning Commission and the municipality has since then <br />assumed that Heinen's and the Church'would somehow work out their differ- <br />ences. <br />(4) Heinen's has not wanted to actively fight the Church because of the <br />public relations detriment. <br />(5) A survey of the Aintree Park Homeowner's Association indicates that <br />approximately half of those surveyed favor the development of the land <br />by Heinen's and those who oppose such development generally want no devel- <br />opment whatsoever, which we all know is an impossibility. <br />(6) Because of the arrangement under which H~inen's bought the land, if <br />they do not begin construction or sell it by the beginning of May, the <br />previous owners may buy it back for a predetermined price grossly below <br />current market. <br />(7) Heinen's cannot therefore take the chance of westing for the dispo- <br />sition of the church lawsuit and does not want to run the economic risk <br />attendant upon beginning construction and possibly losing the church law- <br />suit so that all construction would have to stop while the driveway sit- <br />uation was again reviewed by our administrative and legislative bodies. <br />(8) The Church.has agreed to dismiss the lawsuit without prejudice if <br />the solution set forth herein comes to pass. <br />(9 ). Heinen's agrees to assist in any way, including setti~ig up a Heinen's <br />Citizens - Village Commission, in solving problems that arise out of the <br />development if there are two driveways on Aintree Park Drive, particu- <br />larly the problem of using the Derby Drive-Raleigh Drive shortcut back to <br />Wilson Mills. <br />(10) Heinen's has therefore asked the Council to amend the site plan <br />to eliminate the dxive to Wilson Mills and allow the second cut on Ain- <br />tree Park Drive. ' <br />Mr. Grogan, seconded by Mr. Flynn, made a motion to reconsider Heinen's <br />Site Plan. <br />Mr. Bordonaro,asked how does this affect the variance. Mr:. Avery re- <br />plied it does not affect it. <br />Roll Call: AYES: Messrs., Bennett, Bordonaro, Buses, Flynn, Grogan and <br />Mrs. Hanus <br />NAYS: None <br />