ShopRite has filed an appeal against the town's Planning and Zoning Commission and Walmart seeking to block the construction of a new 158,420-square foot Walmart supercenter, which would be directly across the street from its business.
The PZC approved a special exemption on Jan. 7, 2013 to allow the development at 205 Spencer St., which would be built on a now vacant lot that was formerly occupied by a KMart.
But ShopRite, located almost directly across the street from the proposed new Walmart at 214 Spencer St., has filed an appeal with the Hartford Superior Court seeking to overturn the PZC's commission. The appeal, dated Jan. 24, 2013, was filed on behalf of Waverly Markets, LLC., the local ShopRite's parent company, and prepared by Marjorie Shansky, a New Haven-based attorney.
"The plaintiff/appellant…is aggrieved by the decision of the PZC and by approval of the applications because it is the long-term owner of an establishment operating at 214 Spencer St., the driveway and parking lot for which are within one hundred feet of the land involved in the commission's decision, the subject property, being located immediately across the street," the appeal states. "…The commission's vote to approve the application and the resulting congestion, inadequate queuing space, and safety issues will impair access to plaintiff's driveway and directly affect traffic operations for its customers."
The appeal has specified a return date of March 12, 2013 for the town and Walmart to respond.
Bill Wertz, Walmart's divisional director of Public Affairs & Government Relations, sent Patch the following statement Wednesay afternoon:
"This action has nothing to do with providing the community with more affordable grocery options and everything to do with a competitor's desire to preserve market share. We are eager to move forward and serve our customers in Connecticut."