WINCHESTER — A proposed
Dollar General store in Winchester is dead in the water after it failed to get
a key variance.
The town zoning board
voted unanimously at its Thursday night meeting to deny the Zaremba Group LLC’s
application to waive a maximum size requirement for the store. Board members
said the proposal’s size was incompatible with the rest of the district.
The proposed site is in the central commercial district on Main Street, where
the maximum footprint for a building is 5,000 square feet. The proposed Dollar
General is 9,030 square feet.
Zaremba Group is the
Cleveland-based land development company that has been working on several
Dollar General proposals in the region, all of similar size.
The board voted 4-0 to
deny the application. Board member John E. Pasquarelli, who is also a member of
the town’s Revitalization/Economic Development Commission, abstained from
voting.
According to the town’s
zoning ordinance, the 5,000-square-foot limit is imposed “to maintain the
visual character and architectural scale of existing development in the
downtown.”
The proposed plans show
the building sitting approximately 93 feet back from the road. Parking would be
along the side of the lot and around the back of the building. Aside from the
driveway, much of the 155-foot-long roadside edge would be landscaped.
Although board members
said the proposal was attractive and might even improve the look of the
downtown, it was the building size that was the problem.
Zaremba Group attorney
Silas Little unsuccessfully argued that the proposal should receive a variance
based on the ratio of the building’s size to that of the nearly 5-acre lot it
sits on.
“The vast majority” of
other businesses in the district fail to meet the minimum lot size of 10,000
square feet and occupy between 19 and 89 percent of their respective lots,
according to Little’s calculations.
Since the Dollar General
would occupy only about 4 percent of its lot, the project would be less dense
than other businesses in the central commercial district and should qualify for
the variance, Little said.
Board member Kenneth A.
Cole disagreed. The purpose of the ordinance is to maintain the character of
the downtown, not to determine the lot’s density, he said.
The site could be
“200,000 square feet, 400,000 square feet, a half a mile; you’d still be
limited to that 5,000 square-foot limit,” Cole said.
The size argument also
failed because of the lot’s shape. Five acres looks impressive on paper, but
much of that land comes from the lot’s depth, which extends well over 1,000
feet into the woods. The roadside frontage is only 155 feet.
“This is the shape of the
lot,” Fox said, holding up a nameplate.
Before voting, the
selectmen ran through a checklist of conditions under which the board could
grant a variance: the variance would not be contrary to public interest, the
spirit of the ordinance is observed, substantial justice is done, the value of
surrounding properties is not diminished, and literal enforcement would cause
an unnecessary hardship.
Aside from agreeing that
surrounding properties would not suffer, the board found no reason to grant a
variance, and the project’s fate was sealed.
This is not the first
time the proposal has seemingly hit a wall.
The lot at 71 Main St.
the Zaremba Group wants to use for the store is currently occupied by the
Wheaton-Alexander House. The 200-year-old house is part of the town’s historic
district and requires the Historic District Commission’s permission to be
demolished.
The commission denied the
group’s application in July of last year, but Zaremba appealed to the zoning
board, which reversed the decision in October. A request for a rehearing was
rejected.
As a result, a group of
five residents and local grocery store, Kulick’s Inc. petitioned Cheshire
County Superior Court for an injunction in December. Their petition was denied
in May.
And even if Zaremba had
received a variance, it would have still had to get its building design
approved by the Historic District Commission, the same group it that turned it
down the first time.
In the town hall parking
lot after the meeting, Zaremba Development Manager Matt Casey said he did not
know the next move was. The developers would need to discuss the decision with
Dollar General before determining a course of action, he said.
“It’ll be up to them,”
Casey said.
Garrett Brnger can be reached at 352-1234, extension 1436, or gbrnger@keenesentinel.com.