By Gabriela Resto-Montero
DNAinfo Reporter/Producer
MIDTOWN EAST — An eagerly-awaited Fairway Market may be railroaded out of the Upper East Side by the Second Avenue Subway.
A lawyer for the supermarket said the MTA's recently-released eminent domain plan, which showed property the transit agency needs to complete construction of the new line, would cut into a loading zone at the 240 East 86th Street location. As a result, it would be difficult to open the market.
"They don't want to get into a situation where they can't operate properly," said Fairway lawyer Richard H. Levin at an MTA Eminent Domain public hearing Tuesday night.
Under the plan, the MTA would allot some of the loading space that Fairway planned to use to other Second Avenue businesses that would lose their curbside access in the construction.
Levin asked the MTA to back Fairway's forthcoming appeal to the Department of Transportation to allow for earlier deliveries and to expand the loading zone.
Howard Glickerberg, Fairway's CEO, confirmed the store's Upper East Side debut at a March community board meeting, but Levin said development of the new location depended on the logistics of doing business in a construction zone.
"The lease isn't signed yet," Levin said.
Other community business owners shared concerns that the subway construction would cost them their livelihoods.
The J. Pocker & Son custom art frame shop suffered through loss of business, construction noise and rats for years during construction of the 63rd Street F train stop and could not survive another round, said Robin Pocker, owner and operator of the business.
The family shop has been in business for 85 years.
"We must have an assurance of access and visibility in order to survive the next few years," Pocker said.
The MTA is expected to begin taking over the properties in Octoboer, said Anthony Semancik, attorney for the agency.
