SWANZEY — The developers of a Dollar General store rejected by
the Swanzey Planning Board have appealed that decision in Cheshire
County Superior Court.
Zaremba Group LLC asserts in the court documents that the board ignored expert evidence and public utility laws in making its decision.
It also alleges the board acted in bad faith by
having inaccurate minutes and referencing reasons for denial in the
official decision that were not included in the motion.
Zaremba asks for a reversal of the decision by either the board or the court and for the town to pay for its attorney fees.
The land developer applied to build a Dollar General store at the corner of Route 10 and Cobble Hill Road. The 9,100 square-foot proposed building raised a multitude of concerns from residents, many of which hinged upon traffic safety.
However, it was fire protection that was behind the planning board’s decision on Aug. 9. The board found the developer had not secured a source of water for the store’s sprinkler systems and voted 6-1 to deny the application.
Prior to the board’s decision, the West Swanzey Water Company had denied water access to the project for its sprinkler system. West Swanzey Water President Sally Brown said the water system could not handle the additional stress, due to aging machinery.
Zaremba argued, to no avail, that pressure tests of the system show the system has the water to meet project needs, and because it’s a public utility, West Swanzey Water must provide the project with water.
However, as board Vice Chairman Scott Self noted during the board’s decision, “that sounds like it’s going to be a court battle and in the meantime you’re going to go ahead with your plans, but you should have an alternate in place providing that case does not go the way you plan.”
With no such alternate plan, Zaremba’s proposal was denied.
The developer asserts in its court petition the board relied “on personal opinions despite both the legal requirements placed upon public utilities and the field data establishing that the West Swanzey Water Company provided adequate water for fire suppression for the proposed use.”
As a result, Zaremba asks in its petition for the board to reverse its decision within 30 days. Failing that, it asks the court find the board’s decision unreasonable or illegal.
Zaremba also says the minutes from the board’s Aug. 9 meeting do not accurately reflect the discussion between members, the motion or the reason for denial.
The group made a transcript of the meeting and submitted it to the board, noting the errors, the document says.
Zaremba asks to be awarded its attorney’s fees, saying the board acted contrary to expert testimony and its records of the decision are inaccurate.
The Swanzey Dollar General project is one of several the Zaremba Group has been pushing for in the area. Other towns include Marlborough, Jaffrey, Bennington and New Ipswich.
The group’s proposal in Winchester was rejected in July on the grounds that its proposed 9,030 square-foot building was too large for the district in which it was proposed.
Zaremba did not appeal that decision.
Garrett Brnger can be reached at 352-1234, extension 1436, or gbrnger@keenesentinel.com.
Zaremba Group LLC asserts in the court documents that the board ignored expert evidence and public utility laws in making its decision.
Zaremba asks for a reversal of the decision by either the board or the court and for the town to pay for its attorney fees.
The land developer applied to build a Dollar General store at the corner of Route 10 and Cobble Hill Road. The 9,100 square-foot proposed building raised a multitude of concerns from residents, many of which hinged upon traffic safety.
However, it was fire protection that was behind the planning board’s decision on Aug. 9. The board found the developer had not secured a source of water for the store’s sprinkler systems and voted 6-1 to deny the application.
Prior to the board’s decision, the West Swanzey Water Company had denied water access to the project for its sprinkler system. West Swanzey Water President Sally Brown said the water system could not handle the additional stress, due to aging machinery.
Zaremba argued, to no avail, that pressure tests of the system show the system has the water to meet project needs, and because it’s a public utility, West Swanzey Water must provide the project with water.
However, as board Vice Chairman Scott Self noted during the board’s decision, “that sounds like it’s going to be a court battle and in the meantime you’re going to go ahead with your plans, but you should have an alternate in place providing that case does not go the way you plan.”
With no such alternate plan, Zaremba’s proposal was denied.
The developer asserts in its court petition the board relied “on personal opinions despite both the legal requirements placed upon public utilities and the field data establishing that the West Swanzey Water Company provided adequate water for fire suppression for the proposed use.”
As a result, Zaremba asks in its petition for the board to reverse its decision within 30 days. Failing that, it asks the court find the board’s decision unreasonable or illegal.
Zaremba also says the minutes from the board’s Aug. 9 meeting do not accurately reflect the discussion between members, the motion or the reason for denial.
The group made a transcript of the meeting and submitted it to the board, noting the errors, the document says.
Zaremba asks to be awarded its attorney’s fees, saying the board acted contrary to expert testimony and its records of the decision are inaccurate.
The Swanzey Dollar General project is one of several the Zaremba Group has been pushing for in the area. Other towns include Marlborough, Jaffrey, Bennington and New Ipswich.
The group’s proposal in Winchester was rejected in July on the grounds that its proposed 9,030 square-foot building was too large for the district in which it was proposed.
Zaremba did not appeal that decision.
Garrett Brnger can be reached at 352-1234, extension 1436, or gbrnger@keenesentinel.com.







