A recent town council decision may have Bedford’s Hannaford feeling a little unsettled.

On Wednesday, May 23, the town council decided, with the help of a subcommittee, that Zoning Amendment 2 was valid and thus there is no reason for a rehearing on the amendment.

“We have received a memo from the town legal counsel addressing the legal points and case law that applies with respect to the issue of standing and zoning,” Town Councilor Chris Bandazian said at the town council meeting. “There’s no allegation and certainly no facts that suggest the vote itself was improperly conducted.”

Zoning Amendment 2 reads “To create a new Commercial-2 zoning district and to rezone Lots 1-24-1, 1-24-2 and 10-2 located at the intersection of Route 114 and Donald Street Extension to be Commercial-2. The Commercial-2 district will allow for buildings with footprints in excess of 40,000 square feet.”

The amendment was voted on in the March 13 election and passed by a 77 percent majority. On Wednesday, May 9, Hannaford requested a rehearing on the amendment, which would enable the rezoning of a new Market Basket nearly twice the size of the Hannaford on Route 101.

“We are very satisfied with the Town Council and subcommittee’s decision,” said Town Planning Director Rick Sawyer. “How the voters voted was upheld.”

For Bedford resident Elaine Tefft, Hannaford’s attempt to stop Market Basket is unfair and cost-consuming.

“I’ll shop at the Market Basket in Manchester when I get the chance,” Tefft said at the town council meeting May 23. “But I’d like to shop at one in Bedford.”

Tefft also said she would like to know how much money in legal fees Hannaford’s requests are costing the town and encouraged Bedford residents to shop at Vista Foods and Market Basket.

According to Sawyer, the dispute between Market Basket and Hannaford goes back to another issue over the town planning board’s decision to give a zoning variance to Market Basket. That issue is currently awaiting a decision in New Hampshire Supreme Court.

“We are still waiting on the Supreme Court decision, as far as I know,” Council Chairman Bill Dermody said. “Only time will tell.”

Hannaford has 30 days to appeal the Town Council decision over Zoning Amendment 2. According to Sawyer, it’s possible that the case in the Supreme Court and Zoning Amendment 2 could be combined.

“I fully expect Hannaford would appeal the decision to the superior court,” Sawyer said. “It’s possible sometime in the future the question on standing could be combined.”

“We’ll have to wait and see,” Dermody said.

Katelyn Dobbs can be reached at 594-6549 or kdobbs@nashuatelegraph.com.