WINCHESTER — The zoning board of adjustment won’t ask the
planning board to reverse its approval of a combination Dunkin’ Donuts,
convenience store and gas station.
In a 4-1 vote Thursday night, the zoning board denied an appeal filed by Kulick’s Inc., requesting the board, based on several technicalities, reverse the planning board’s decision last month. Zoning board member Kenneth Cole was the lone dissenter.
Kulick’s Inc. is owned by Stanley S. Plifka Jr., who runs Kulick’s Market at 30 Warwick Road. The business, which includes a grocery store and gas pumps, is less than a half-mile from the proposed Dunkin’ Donuts, convenience store and gas station at 4 Warwick Road. Plifka has opposed the project since it first came before the planning board in April 2012.
In July 2012, the planning board denied the project, and developer S.S. Baker’s Realty Co. appealed it in Cheshire County Superior Court in Keene. Judge John C. Kissinger Jr., who granted Kulick’s intervenor status in the case, upheld the board’s denial.
S.S. Baker’s appealed Kissinger’s decision to the N.H. Supreme Court on May 17, but it also filed a second site plan review application with the planning board in June.
The second plan was nearly identical to the first, with the exceptions that the 3,500-square-foot building was 4 feet shorter than in the previous proposal, and vehicles would be prevented from making a left turn from the store’s parking lot onto Main Street. The new plan also allowed for up to 11 cars to be in the drive-through lane for Dunkin’ Donuts instead of 10.
In Kulick’s appeal to the zoning board, its attorney, Kelly E. Dowd of Keene, wrote the planning board shouldn’t have accepted the second application because it didn’t meet the criteria that would have made it different from the first filing. The board also violated local zoning laws by granting certain waivers for the project, and some conditions included in the project’s approval were illegal, Dowd wrote.
Dowd also claimed the special exception granted by the zoning board in February 2012 allowing the drive-through window for Dunkin’ Donuts was invalid because it expired in a year. S.S. Baker’s didn’t request an extension of it, he wrote.
Zoning board Chairman Louis Fox said Thursday the only matter his board could address in the appeal was the special exception, and Dowd agreed.
“All the issues brought before us, except the special exception for the drive-through window, are either planning board or court issues,” board member William McGrath said.
Dowd has also filed the appeal in Cheshire County Superior Court in accordance with state law.
Fox said the zoning board had been advised by its legal counsel that the clock stopped ticking on the special exception when S.S. Baker’s appealed the planning board’s decision on its first application. Therefore, with the case still pending in Supreme Court, the exception was still valid, he said.
“The zoning board consulted our counsel, which costs the town money. I’d hate to go against advice we pay for,” he said.
Cole disagreed with Fox’s assessment, saying the second application was a new application, different from the original.
“If we decide that the special exception is valid, we’re saying the planning board did its job, and we don’t have to provide a special exception for the new application,” he said.
At one point, Dowd asked board members if their decision stating the special exception was still valid meant they believe the second application was the same as the first.
There was a brief pause before Land Use Administrator Margaret A. Sharra told members it was a trick question.
The board never answered it.
Still being directed by Sharra. The only member who knows what's right and how to follow procedure was Cole, the rest shouldn't even be sitting on this board. The fact that another application was filed with the Planning Board while there was in effect an appeal to the State Supreme Court, made that application null and void and it should never have been heard, let alone acted on. This is what happens when Selectmen pick their flunkies instead of the public voting for members on the ZBA and members of the Planning Board are chosen out of loyalties and not based on their knowledge of rules, regulations and laws... Is there any wonder why this town gets sued so many times?
In a 4-1 vote Thursday night, the zoning board denied an appeal filed by Kulick’s Inc., requesting the board, based on several technicalities, reverse the planning board’s decision last month. Zoning board member Kenneth Cole was the lone dissenter.
Kulick’s Inc. is owned by Stanley S. Plifka Jr., who runs Kulick’s Market at 30 Warwick Road. The business, which includes a grocery store and gas pumps, is less than a half-mile from the proposed Dunkin’ Donuts, convenience store and gas station at 4 Warwick Road. Plifka has opposed the project since it first came before the planning board in April 2012.
In July 2012, the planning board denied the project, and developer S.S. Baker’s Realty Co. appealed it in Cheshire County Superior Court in Keene. Judge John C. Kissinger Jr., who granted Kulick’s intervenor status in the case, upheld the board’s denial.
S.S. Baker’s appealed Kissinger’s decision to the N.H. Supreme Court on May 17, but it also filed a second site plan review application with the planning board in June.
The second plan was nearly identical to the first, with the exceptions that the 3,500-square-foot building was 4 feet shorter than in the previous proposal, and vehicles would be prevented from making a left turn from the store’s parking lot onto Main Street. The new plan also allowed for up to 11 cars to be in the drive-through lane for Dunkin’ Donuts instead of 10.
In Kulick’s appeal to the zoning board, its attorney, Kelly E. Dowd of Keene, wrote the planning board shouldn’t have accepted the second application because it didn’t meet the criteria that would have made it different from the first filing. The board also violated local zoning laws by granting certain waivers for the project, and some conditions included in the project’s approval were illegal, Dowd wrote.
Dowd also claimed the special exception granted by the zoning board in February 2012 allowing the drive-through window for Dunkin’ Donuts was invalid because it expired in a year. S.S. Baker’s didn’t request an extension of it, he wrote.
Zoning board Chairman Louis Fox said Thursday the only matter his board could address in the appeal was the special exception, and Dowd agreed.
“All the issues brought before us, except the special exception for the drive-through window, are either planning board or court issues,” board member William McGrath said.
Dowd has also filed the appeal in Cheshire County Superior Court in accordance with state law.
Fox said the zoning board had been advised by its legal counsel that the clock stopped ticking on the special exception when S.S. Baker’s appealed the planning board’s decision on its first application. Therefore, with the case still pending in Supreme Court, the exception was still valid, he said.
“The zoning board consulted our counsel, which costs the town money. I’d hate to go against advice we pay for,” he said.
Cole disagreed with Fox’s assessment, saying the second application was a new application, different from the original.
“If we decide that the special exception is valid, we’re saying the planning board did its job, and we don’t have to provide a special exception for the new application,” he said.
At one point, Dowd asked board members if their decision stating the special exception was still valid meant they believe the second application was the same as the first.
There was a brief pause before Land Use Administrator Margaret A. Sharra told members it was a trick question.
The board never answered it.
Still being directed by Sharra. The only member who knows what's right and how to follow procedure was Cole, the rest shouldn't even be sitting on this board. The fact that another application was filed with the Planning Board while there was in effect an appeal to the State Supreme Court, made that application null and void and it should never have been heard, let alone acted on. This is what happens when Selectmen pick their flunkies instead of the public voting for members on the ZBA and members of the Planning Board are chosen out of loyalties and not based on their knowledge of rules, regulations and laws... Is there any wonder why this town gets sued so many times?
10 comments:
Great job Zoning board. It finally seems like our boards are starting to function, Amazing!
And you are wrong, yes ZBA is appointed but planning board is elected.
I could care less about D&D I brew pots off the stuff at home, but this opens the doors for other company's to move to town. Company's thinking about moving can read some positive stories in the paper about Winchester instead of all the bad stuff like crooked non functioning boards.
You're a jackass and probably the same nut who's been commenting about this proposed crappy Dunkin Donuts all along. These boards are a joke. The members on it are a joke as are most of the town's boards. The only thing positive to come out of all of this is another lawsuit. This town is a mess and our boards are the reason why. As long as people stay away from the poles and allow this crap to continue this town will always be the black eye of Cheshire County, but who cares, we can all stay home and brew coffee and post on the blog, right?
Hopefully this saga can end now. So sick of hearing and reading about the SOS.
End? Are you kidding? From what I have read in the paper and on this blog, this mess is going to be back in the courts and hopefully the judge that sits on the bench will see what a farce this has become when the planning board makes one of the conditions for approval a bribe for a so called "donation" to the sidewalk project, something the town accepted a grant for from the state.
Wonder if the state will pull it's money once this gets back into court and word gets out that the town is soliciting funds and making it a mandatory condition as part of the approval process from would be builders ? This is far from over by any means.
You're a jackass...Jobs, growth=lower taxes......Try changing your street dealer it may ease the pain!
Jobs .. what maybe 2 employees like he had up in Keene? What growth, another gas station ? Like we need 4 in this town and lower taxes .. man you better stop smoking that stuff you're frying your brain.
The big burning question is why would Kulicks spend so much legal fees fighting this? I’m willing to bet this has cost him more than his Sunoco makes him in 10 years, so what’s the real deal here?
It won’t affect his grocery store or all the plaza rent he gets, In fact it could bring him more business. I find it hard to believe that his Sunoco part makes him to much money at the end of the month, so what the true meaning to his blocking this other business?
No doubt the new place will most likely hurt his little convenience store but really it’s just a small closet with a few beverages and newspapers. Does anyone really spend money in there? If he wants to keep selling gas just underprice T-bird by a few pennies like he does J&G’s and not pay an employee to sit inside the closet, exploit the diesel market, big trucks will not be able to get into the new place. He could be smart and adapt to change, give up the convenience store and maybe expand the car wash business; He would have a monopoly on that. I can think of a few more ways for him to make money on that corner. We know people come from Warwick and Northfield for gas they have no pumps, and now even more may make the trip to fill up, grab a coffee and a dozen donuts. Be smart and think of ways to exploit that Mr. Plifka.
I don’t think this new place will hurt J&G’s at all, he survived Plifka putting in pumps, he will always have his loyal people who prefer to have their gas pumped for them. I bet he will tell you he makes most of his money with service and scrapping anyways.
So again, what could Mr. Plifka’s real story be here?
Is it just a silly tantrum from a spoiled business man, Is it that he just can’t except the fact that he will not be able to build a monopoly here in town? Or is it something else that we just haven’t grasped yet?
What is your freaking obsession with this man? I for one am tired of seeing your rants against a smart and loyal to the town business man that not only pays his taxes every year, unlike most businesses in town but also donates hundreds to worthy causes for our kids. get the hell off your soap box and go find something to do to be useful like Mr. Plifka has done for this community for so long. We don't need Theo in this town, there's already enough snakes crawling around Winchester.
To the Anonymous poster of September 2, 2013 at 8:50 AM ---
You're not from around here are you?
Either that, or you haven't crawled out from under your rock in a very LONG time.
This is apparent to those who do live in town, since you obviously are NOT AWARE that the Sunoco Station has had no attendees or a convenience store in almost a year.
Perhaps you should stick to the news in your sweet little hole!
You are correct, I have done no business at that plaza in over a year, doesn't mean Im under a rock. Just giving my money to business's that deserve it.
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