Tuesday, November 5, 2013

Fight over Winchester Dunkin' Donuts proposal in two courts

By Meghan Foley Sentinel Staff
WINCHESTER — The proposal to build a combined convenience store, gas station and Dunkin’ Donuts at the corner or Routes 10 and 78 is back in court — or more like courts.
Cases involving the project are moving forward in both N.H. Supreme Court in Concord and Cheshire County Superior Court in Keene.

The Supreme Court case is an appeal by the project’s developer, S.S. Baker’s Realty Co., of Superior Court Judge John C. Kissinger Jr.’s decision earlier this year to uphold the Winchester Planning Board’s July 2012 denial of the project.
While S.S. Baker and the town of Winchester were the main parties in the Superior Court case, Kulick’s Inc., which operates a grocery store and gas pumps at 30-80 Warwick Road (Route 78), was an intervenor in the litigation.
S.S. Baker filed the Supreme Court appeal on May 17, and the court accepted it on June 13. As of Friday afternoon, the case was still pending, with S.S Baker’s filing its brief on Oct. 10, and the town’s brief due on Nov. 27.
The Superior Court case is an appeal by Kulick’s of the planning board’s July 15 approval of the project based on a second set of plans filed by S.S. Baker’s in June. Kulick’s is also appealing the zoning board of adjustment’s Aug. 29 decision that the special exception it granted in February 2012 for a drive-through window for the Dunkin’ Donuts was still valid.
Kulick’s filed its appeal of the planning board’s decision on Aug. 8, and its appeal of the zoning board decision on Sept. 19. Both cases have since been consolidated.
Debate about the construction of a combined convenience store, gas station and Dunkin’ Donuts at 4 Warwick Road has been ongoing for over a year.
S.S. Baker’s is proposing to build a 3,500-square-foot building on the 1.19-acre site. The building would include a drive-through around back for the Dunkin’ Donuts, three fuel pumps covered by a canopy on the Route 10 side and 25 parking spaces.
The firm is managed by Teofilo Salema, who owns other Dunkin’ Donuts stores in the area.
The project first came before the Winchester Planning Board in April 2012. Board members initially rejected the project’s application because of concerns about traffic flow at the intersection, and that the project would overwhelm the site.
According to state law, a project can be refiled with the planning board as long as it’s different from the first version. S.S Baker’s did just that this year.
With the planning board approving the second version of the project, it’s unclear why the Supreme Court appeal about the first version is still pending.
In the meantime, Kulick’s, which is owned by Stanley S. Plifka Jr., is asking a Superior Court judge to declare S.S. Baker’s first site plan is the same as the second, and then reverse and remand the planning board’s approval of the second site plan.
The town is seeking to dismiss the suit, arguing the site plans are different. The town also argues that the special exception for the drive-through window is still valid because the clock stopped ticking on it when S.S. Baker’s appealed the planning board’s decision on the first application.
Meghan Foley can be reached at 352-1234, extension 1436, or mfoley@keenesentinel.com. Follow her on Twitter @MFoleyKS.

 Once again our Planning Board has erred, just like in they did when an appeal was filed in the Van Dyke matter. Once the appeal to the Supreme Court was filed and accepted, the board no longer had any jurisdiction over the matter; they should never have accepted, nor ruled on his second application. same old crap by the same old people; resulting in more lawsuits and court costs .. When will Winchester's voters wake up ?

15 comments:

Anonymous said...

Winchester, NH proves God has a sense of humor when this arm-pit of a town was allowed. You people fight over disallowing businesses to come into town that could lower taxes and jobs yet allow people like Van Dyke and Butch Plifka to build low income housing. You stop businesses like Tractor Supply but almost allow another Dollar Store. Then argue over where to place a f'n wooden Smoke the Bear. OH God! There is something wrong with this picture.

Anonymous said...

I hear you and agree with you 100% I just want to point out the fact you used the word "you people" Please don't confuse Plifkas bullying tactics as "us people" We as citizens and tax payers want new business's in town, even if it is only a D&D and gas station. I've seen really only 1 person fighting this deal and its Mr. kulicks. I haven't met a person yet that doesn't want this business and Isnt upset with his bullying tactics, going to cost him big time in the long run. Market Basket is getting busier and busier but Kulicks seems to be slowing down, hmmm I wonder.....Oh yeah Blame the HDC for their typical BS and Smokey the bear.

Anonymous said...

Maybe if DD and Kulicks got together, exit traffic could leave through Kulicks parking lot. It would be a safe way to get back on rte 10 and should be good for kulicks business. Would not want to be leaving DD when an 18 wheeler is coming off manning hill and trying to make the light.

Anonymous said...


Now I have to travel to Hinsdale's Tractor Supply who's having their grand opening this week. What should have been Winchester's Tractor Supply. Yes I will drive pass Gary's who let's it be known, people like me are called “A'holes“. Well this A'hole will pickup a new power saw, trimmer and some wood pellets this trip. There will be a lessen to be learned here, Plifka, Gary’s, Beaman‘s, and the Sharra’s this a small town and if your willing to indulge in economic protectionism the little people that pays your light bills will find other places to except their money.

Note to anonymous above I am sorry to include you in "you people". I will from now on refer to you as "our people' the small group of people in town known as Gary's A'holes. Welcome to the club!

Anonymous said...

Hit em where it counts, The wallet. The only way people like Plifka will learn is if you Take away what means the most to him, Money.
Market Basket is only 10-15 mins away and I promise you you will save so much money it will make up for the time and gas.
Stop supporting Kulicks, send the message that this is not his town to control.

Anonymous said...

To November 9, 2013 at 1:42 PM..
Really? Trolling on sites for a town that I am guessing you don't even live in? Please.

All this Gary's and Plifka bashing amazes me. Here are two successful businessmen who actually live in the town AND pay their taxes. All Butch Plifka is doing is protecting his business and tenant (Sandri) just like anyone in his position would. It is ridiculous to build a gas station across the street from a gas station in a town with under 3k people in it, just like it is silly to have two dollar stores. I am all for smart growth and lowering the tax base. Can't we do that by attracting business that are not already represented here?

And to answer the original poster's question......
The only way this town will learn is by bringing new faces to town hall and government. It will take more people voting in Winchester than ever before. A tough task indeed.

Kevin on Swan Street.

Anonymous said...

Ref: Kevin on Swan Street! I will stop at the DOT on the Base Hill Road tomorrow to get the full traffic count at the intersection Rt119, Rt10 and Rt78. I will bet it is over 10,000 vehicles a day.

That's the intersection money maker not on Rt78 where Kulicks Mall is. Butch knows it. That old Victorian House and land it set on which Rick Rounds moved down the road could have been bought for $10,000 few years ago when we first moved here. If Kulick or the Plifka wanted to protect there interests they could have bought the corner for a hellva a lot less than the legal fees they are running-up now. NO! There is more to this equation then meets the eyes. Someone is teaching someone a lesson. You the tax payers are footing the bill with your taxes. Wake up from your stupor people!

Anonymous said...

Kevin,
What your not understanding is many business have been fought against or turned away, consider the D&D as an Ice breaker. You got to know other business's are watching this and after it finally gets built I bet a few more business's will try to come here, and yes, better ones with better jobs, but you got to start somewhere. More business and less low income housing will help this town out in big ways.

Anonymous said...

Wake up commenter above, no business is coming here. Winchester has a reputation that can't be undone, people in office who have their hands out and countless cases in Superior court over wrong doings by elected officials. Why do you think Market Basket went in up in Swanzey and Wal-Mart to Hinsdale? Couple that with a small population and really no prime real estate left in town, there'll never be anything but these small 1-2 people so-called businesses even wanting to come here. Theo picked up that parcel of land for a song and dance, his proposal has overwhelmed that lot and like everyone coming here before him he had to get several variances to build. Everyone knows how to play the game in Winchester, who pulls the strings and what it takes to get in, the big boys don't want to play that game and chance a lawsuit.

Anonymous said...

We had people move into town with ideas of improving the downtown area, without mentioning names but a gentleman who tried fixing several building on Main St and was so frustrated with the building codes dept. Codes not from any book, no codes that are made up on site by clueless people in authority at the town hall. He left town in anger. Another person who works for the UMass and built a fine home in town who had drawn up plans to improve Main St. One of the Selectmen Gus Ruth (I will mention his name) insulted the person so badly and Gus would not except his plans because it didn't agree with Beaver Dam Gus Ruth's and Sharra's. That is why you do not hear about the Charrette and longer. If you need a good laugh and wonder where thousand of your tax dollars went to pay Sharra to do nothing.

Take a look at the town development program. REF: From the town web site. Last year (2007)we were selected out of many New Hampshire towns to take part in a "Plan NH Charrette" for Winchester where qualified engineers and planners came for 3 days to access our needs and concerns about Main Street and come up with a plan to address their idea of what a future Winchester might look like. The plan is complete and can be viewed at the Town Hall. This plan is a nice road map for the committee and town's people to use as a vision.

Town's people to use a vision. The vision is Sharra and Gus Ruth plan not the town's people.


Anonymous said...

I am not seeing how this new business will be a real blow to Kulick's Plaza.
Being out of sight on Route 78 and with Mr. Mike's on the Main Street, I wouldn't imagine that the gas station is making a killing.
And Kulick's doesn't sell coffee by the cup or donuts and bagels to go.
The business that might really suffer is the venerable Mt. Pisgah Diner - early morning coffee and breakfast is important to them.
Anonymous has a great idea: route the exit traffic through Kulick's Plaza. It is safer and, while it might not generate immediate sales, it will expose the businesses to a new audience.

Anonymous said...

I have been saying this all along, I think we are missing something, Kulicks would not be spending huge legal money over a few gallons of gas, It looks like the Sunoco is already failing anyways. This will not effect the Kulicks store or rent he gets from the plaza, so what are we missing? If he is so worried about this why didn't he buy the corner lot when it was up for sale dirt cheap? I think there is more going on here than we have realized yet.

Anonymous said...

I understand there was a near accident with a car coming out of the flower shop. A truck was coming down manning hill, had a green light, and dam near ran over the car. When the trucks can catch a green light they are usually going way to fast and the Donut shop isn't going to change that.

Anonymous said...

Sounds like a story the Flat-foots. What the Hell has DD got to do with it, become police patrol.

Anonymous said...

so you want to prevent stores going in because of idiot drivers who pull out in front of trucks?
If we go by your thinking we would have no stores and no one would be driving any where. Idiots drivers are just that, IDIOTS. Cant hold back progress because of them.