Deadline to Appeal Second Manchester Walmart Location is Friday

Despite an outpouring of opposition to the new development, no appeals have been filed yet.

Based on the town's zoning regulations, the deadline to appeal a controversial decision to allow a second Walmart location in town is Friday, Jan. 25. But, according to the Planning and Zoning Department, no appeals have been filed to this point. 

The proposal, which would see the construction of a new 158,430-square foot Walmart supercenter at 205 Spencer St., a site formerly occupied by a Kmart store, was approved for a special exemption by the Planning and Zoning Commission on Jan. 7, 2013.

The appeal process for such an approval is 15 days from the date the approval is published in a newspaper, which was on Jan. 10, 2013 according to staff in the Planning and Zoning Department. 

Appeals would have to be made by an “aggrieved party," according to Senior Planner Renata Bertotti, who said that theoretically there were a number of grounds on which an appeal could be filed, but that she was not qualified to specify them and suggested a party that felt "aggrieved" by the decision should consult a land use attorney. 

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Still, despite the large outpouring of public criticism about Walmart's desire to open a second location in Manchester, including from several competing businesses in the area shop as ShopRite, no appeals have been filed against the approval to date. 

The final day to file such as appeal before the deadline expires would be Friday, Jan. 25, 2013. 

JK124 January 24, 2013 at 04:23 PM
Do you expect to be spoon fed every detail about every item that happens in town? If you were so aggrieved, you would have been investigating this matter from the beginning, contacting the planning department as soon as the issue was decided to see what redress you had, and acting accordingly. So are you saying that every single commercial development in town should be put to a vote? If a developer submits a plan to planning and zoning that meets all requirements, and if not, appropriate remedies are made to the plan so that it could be approved, would you then say it should be MORE difficult for businesses to open in the area? It's very easy to blame everyone under the sun when you don't get your way, but making it harder on all other businesses to open up shop out of pure spite is a bit like cutting off your nose to spite your face. Where will this stop? Are you then going to propose that a vote be taken each time a homeowner wishes to add on to their homes? Or if someone wishes to paint their house fire-engine red instead of beige?? Spare me the false indignation.
Edie January 24, 2013 at 07:25 PM
Commercial development should be put to a vote. Especially when it will or might impact neighborhoods and other businesses that are surrounding it in a negative or positive way. People have the right to know what is being built in their backyard. The Mall is a good example of this. The Mall we voted on it twice, twice turned down by the people (votes were very close) and the town found a way to allow it to be built anyway..
Joel Mrosek January 24, 2013 at 08:06 PM
@JK124 - Apparently people don't know about the protection of "property rights", if they honestly believe a vote should be held. Would they like it if their neighbors had a vote and said they could only sell their house to someone from the neighborhood, that ALL neighbors agreed upon and after paying improvements to the street? Of course not. They would complain the loudest. However, they want to limit the right of the owner of the old KMart site and devalue his property. Further, you are correct about the person whining about not knowing about the appeal process. My personal opinion is that zoning regulations, which are only a thing of the last 60 years, are an illegal taking of property rights. But I am sure that notion will be lost on the vast majority of people complaining about this development.
Danniel DeLong January 24, 2013 at 09:22 PM
Why would not want a good store on this end of town? It is about time and I hope they do well. I just hope they realize what they are getting to when they get a good nose full of the land fill and sewage processing plant in their back yard. That should go over big with the customers. If anything will drive this store out just like the rest of them it will be smell and stench,.Be patent my friends, give a little time, they will leave too.
Brian Hurlburt January 26, 2013 at 02:09 PM
There are zoning laws for a reason. If you are in the deep south, look around at as you drive down a rural road. You will see: three nice houses, a single wide that doesnt sit level, a grain silo that has been converted into a living space, ten old cars that haven't run in years with other metal scrap around them; all I this within 1/4 mile. In the late 1800's and early 1900's, a time when New York City was being built, there were no zoning laws. This led to overcrowding and a horrible raw sewage problem. I am not entirely for the way the P&Z operates, but I see the need. For instance, at the same meeting in December when many of us spoke out against Wal-Mart, representatives from Home Depot were there there to apply for a change in canopy color in their building. The P&Z had issue with changing the color from green to orange, with the reasoning it might not look good, and be an eyesore. Really? You can't see Home Depot's front unless you are in the parking lot, or at JC Penny warehouse, perhaps even the highway. But P&Z has no problem with the potential of more blight in town as a result of this Wal-Mart. We all seem to have a short memory of the old Bradlees, and S&S building that sat for years as an eyesore. With this Wal-Mart we are definetly going to have more empty buildings, and it will be ground hog day all over. The Manchester 2020 vision is now a joke.


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