Nearly a year after Peck’s Market closed, its owners are approaching a zoning deadline that could complicate efforts by the Pecks, or a future owner, to reopen a grocery store at the Church Street property.
They also face a second deadline farther down the road. According to court documents, William Peck & Son, Inc. and its owners, Donald and Charlene Peck, have reached a settlement with their former grocery distributor, Bozzuto’s, Inc., in a federal lawsuit alleging the market failed to pay for grocery deliveries and related interest. The agreement calls for a $105,000 consent judgment, with payment due in full by May 31, 2027.
Peck’s Market and attorneys for both the Pecks and Bozzuto’s did not immediately respond to requests for comment.
Peck’s closed by late September 2025 after reducing its hours in the preceding weeks, ending 103 years in business and leaving Pine Plains without a grocery store.
Michael Stabile, chair of the Pine Plains Planning Board, said the grocery operation is treated as a preexisting nonconforming use under the town’s current zoning law, adopted in 2009. Because the grocery operation predates the current zoning law, it can continue without obtaining approvals that would otherwise be required under today’s zoning rules. The law refers to that grandfathered status as a nonconforming use.
Under the zoning law, a lawful nonconforming use that existed when the law took effect “may be continued indefinitely” as long as it remains in compliance with applicable requirements.
But that protection can lapse.
The law says a nonconforming use “shall not be re-established” if it has been discontinued, whether through vacancy or cessation of use, for one calendar year or longer. “Intent to resume a non-conforming use shall not confer the right to do so,” the law states.
That puts the one-year mark for Peck’s Market potentially weeks away, although Pine Plains Building Inspector and Code Enforcement Officer Ed Casazza said he did not have the precise closure date at hand.
Stabile said that after a year, “you lose that status, that grandfather status, and you have to do a full site plan review.”
He said the protected use generally runs with the property rather than its owner, meaning a sale would not by itself eliminate the status if the use had not already lapsed.
If a site plan review were required, Stabile said, the planning board could also seek approvals from other agencies, including county health officials for matters such as septic systems.
On Aug. 15, an Instagram account associated with the market appeared to address the approaching deadline.
“If we reopen Peck’s Market, it may be a temporary reopening of our garden shed for a weekend or 2 simply to protect the zoning rights for ourselves or any potential future buyers,” the post stated. “We are confident that the end result will be a positive outcome for all community members.”
Stabile said Peck’s had previously operated a garden center but said the determination of whether briefly reopening it would preserve the property’s zoning status belonged to Casazza as the town’s code enforcement officer.
Asked whether opening the garden center for two weekends would protect the property’s preexisting use as a grocery store, Casazza said, “No. It would not.”
“I mean, it’s two different things,” he said.
Casazza said he has authority as code enforcement officer to determine whether a use has been discontinued, although he said some questions would require consultation with the planning board, town board, or town attorney.
“The town would bend over backwards to make sure they continue to be a grocery store,” Casazza said.
The second deadline facing the Pecks stems from the federal lawsuit brought by Bozzuto’s.
The Connecticut-based distributor sued William Peck & Son, Inc., Donald Peck, and Charlene Peck in April 2025, alleging $77,959.49 in unpaid grocery deliveries and related interest, plus legal fees.
After the Pecks did not initially answer the complaint, Bozzuto’s sought a default judgment. The court later directed the parties to mediation.
The parties signed a settlement July 24. Attorneys for both sides filed the agreement Aug. 10 in U.S. District Court for the Southern District of New York and asked U.S. District Judge Jessica G. L. Clarke to enter a consent judgment.
Under the settlement, the $105,000 judgment, once entered, must be satisfied in full by May 31, 2027. Bozzuto’s agreed to refrain from enforcing it through that date as long as the Pecks comply with the terms of the agreement. The Pecks are required to make monthly payments credited toward the total and meet specified tax and insurance requirements.
If the agreement is breached, Bozzuto’s could immediately seek to collect the remaining amount due under the judgment and would first have to pursue collection against the former Peck’s Market property. If proceeds from that property were insufficient, the agreement permits Bozzuto’s to pursue other assets.
If the Pecks comply with the agreement and satisfy the judgment, Bozzuto’s is required to formally acknowledge that the judgment has been paid.
Missing Peck’s Market! The loss of the market that stood for over a hundred years was the first “gut punch” for me. The second was our Town Supervisor’s backroom deal with Flock surveillance cameras. We need to turn this town around before we slip into Sullivan County.
Casazza and Stabile need to step up and do their jobs instead of worrying about how to ensure a grocery store cannot survive in this podunk town. Instead they allow a dispensary and that hulking old library to be an eye sore in the middle of town.
Call the owners, the ones who ripped out the windows and boarded it up asking the townspeople what they wanted and did nothing with it. Here’s a solution. Sell it to someone who will do something with it.
Lia’s has been for sale for how many years now? What is our town doing to try and help sell that? Or are they making that cumbersome as well.
We cannot survive on Stewart’s and Mashomack city money alone!!
Unfortunately we all know pecks is gone. Just like the old market they had that is still sitting falling apart. It is very sad. But isn’t there a new super market going through the planning board right now? Everybody should be excited for that I heard they already have vendors begging to take over once they build it! I am SUPER excited to see new things come to this town finally. We need to see some growth in this town before all the buildings end up like pecks.
Pine plains is a nice enough town to live in in spite of its lackaday leadership. Wonder what’s holding up progress on the old library building at the stop light (for one)? If it’s the septic problem isn’t it time to move past that obstruction, fix the problem, so that the dilapidated flapping windows that greet one at the stop light can be removed/replaced? Finally?
As others have said, we miss having a local grocery store, and look forward to hearing future plans, if there are any, from the Peck family. I imagine it’s a big business to restart, or unravel from, and hope there is some light at the end of the tunnel.
Re: the old library building, I emailed the owners back in June out of curiosity (email address is on a sign on the building) and they said they’re exploring whether there is an opportunity to partner with someone, develop, or transition it to someone else to bring it to fruition – with nothing imminent.
It’s important for the town to have more businesses fill empty spaces: at last year’s ‘meet the candidates’ panel we heard this sentiment ring from everyone seeking election. What has been done?
If the current law would make it hard to open a new market in the space then why not change the law today? The town wrote the law and it can change the law, the various review requirements weren’t handed down by gos and the same body that imposed them can waive or revise them. Just do it now instead of sleepwalking into a fight and endless delays if someday someone wants to reopen a market. Unless of course the whole point is to prevent a market from opening.