Swanzey Dollar General store denial being appealed
The developers, Ohio-based Zaremba Program Development LLC, have proposed several Dollar General stores in the Monadnock Region over the past two years including in Winchester, Marlborough and Bennington.
Zaremba's appeal to the court says the board blatantly disregarded expert opinion presented as well as public utility laws and acted on personal opinion to deny the application to build the store.
According to the Planning Board on Aug. 9, the application was denied because 'the applicant did not provide a guaranteed source of water for the sprinkler system as requested at the July 26, 2012, meeting,
In addition, the applicant did not provide a letter from the West Swanzey Water Company stating that it would provide water for fire protection purposes.'
Zaremba said both the Public Utility Commission tariff for the West Swanzey Water Company, a public utility, and the field test conducted by an engineer established that the Swanzey Water Company has sufficient water to meet the demands for a fire suppression sprinkler system in the proposed building.
'No contrary evidence was submitted to the Planning Board,' the appeal said.
Zaremba is asking the court to reverse the decision and order the town to award the company its 'attorney's fees and costs for the blatant disregard of evidence.'
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Meghan Pierce may be reached at firstname.lastname@example.org...