Goodwill awaits appeal decision

A North Trail resident who filed an appeal with the 12th Judicial Sarasota Circuit Court against a Goodwill under construction on the North Trail says the store is a warehouse-type industrial building that does not fit in with the surrounding neighborhood. And, at 30,000 square feet, he also says it is too big for that location.

But Indian Beach/Sapphire Shores resident Robert Casella's main argument is not the type of store or even its size, instead, Casella is concerned that its use as a warehouse with trucks coming in and out of the center to make nighttime deliveries could cause a major disruption to the community.

Casella and a group of residents formed North Trail Citizens to appeal the 2011 decision by the Sarasota Planning Board to approve the project. The appeal was filed with the Sarasota Circuit Court Feb. 27. Casella said the group of residents opposed the project when it first appeared before the planning board.

“I was told by a friend a big project was coming up around the corner, and it was at that planning board meeting that we found out,” Casella said. “When we listened to the testimony, we were surprised at what we heard, and we didn't like it.”

Casella said although the initial meeting notice for the project listed it as a retail project — specifically, as a department store — it turned out that the new building had a warehouse component.

“The notices handed out by city said just retail,” Casella said.

Additional paperwork issued by the city for the project described it as retail/warehouse.

“This is a superstore,” he said. “It's a collection point for five stores. As a result, there is going to be deliveries 24 hours a day. Our argument is that the application on its face is for retail and warehousing. Warehousing is not permitted (there).”

Despite the pending appeal, Goodwill Manasota broke ground on the Goodwill center in April, and now construction is about halfway completed at the corner of North Tamiami Trail and Mecca Drive.

An appeal decision in favor of the project means Goodwill could continue working toward a Jan. 15 completion date. But a court ruling favoring Casella could require Goodwill to stop construction on the new center. If that happens, the company could be forced to find another business that is permitted to fill the newly constructed space or even to tear down the new building.

Goodwill signed an agreement with the city in March agreeing to not hold the city accountable if the court decision forces it to halt the project.

“They knew the risk going forward,” said City Attorney Robert Fournier. “They wanted to proceed.”

The Goodwill sits adjacent to condos and apartments and close to single-family homes. Casella and the 70 residents who signed a petition against the Goodwill don't want trucks bringing in items at night “right against their back fence.”

Veronica Miller, vice president of the foundation at Goodwill Manasota, said despite the appeal, the project still holds some community support.

“We have gotten an outpouring of support, with many saying that they can't believe people don't want something that will create jobs,” Miller said.

Miller said the store will create 25 to 30 jobs, and an onsite Job Connection employment center will help those who need help finding employment. The center will also house GED classes.

“I don't know who started (calling it a) superstore,” Miller said. “It is just a store. The warehouse is just a sorting area for when items are dropped off. This is not a storage warehouse. We are not a Walmart having trucks (delivering) 24/7.” Sarasota Judge Lee Haworth is expected to make a decision on the case some time after Sept. 14.