Skip to content
  • (413) 834-4284
  • [email protected]
  • 21 Grinnell St, Greenfield, Massachusetts
Search
Close
Sprawl-busters
  • Home
  • About
  • Resources
    • Links
    • Books
    • Movies
    • Home Towns, Not Home Depot
    • The Case Against Sprawl
  • Victories
  • Blog
    • Share Your Battle
  • Contact
Menu
  • Home
  • About
  • Resources
    • Links
    • Books
    • Movies
    • Home Towns, Not Home Depot
    • The Case Against Sprawl
  • Victories
  • Blog
    • Share Your Battle
  • Contact
  • Uncategorized

The newspaper headline sums it up: “Judge: Town is right; Rite Aid is wrong.” Citizens in the tiny t?

  • Al Norman
  • April 8, 2015
  • No Comments

The newspaper headline sums it up: “Judge: Town is right; Rite Aid is wrong.” Citizens in the tiny town of Henniker, New Hampshire have beaten the Rite Aid company for the second time. Rite Aid, which controls 4,000 convenience stores and is one of the largest drugstore chains in America, had sued the town of Henniker in May of 1997, when the town’s Planning Board ruled against their site plan application to construct an 11,000 s.f. drive thru store on a corner lot on a key highway entrance into town. The case had attracted the attention of Nightline, which aired a half hour show about the Henniker battle in January of 1997. Rite Aid sued the town, saying the Planning Board’s decision was unreasonable, and that several board members were biased and prejudged the case. On May 26, 1998, Superior Court Judge Arthur Brennan ruled in favor of the town. Brennan ruled that the Planning Board’s actions were reasonable, and that in fact it was Rite Aid who “was substantially inflexible regarding the size of its building and the configuration of its site plan.” The court said that Rite Aid was entitled to develop a “cookie-cutter plan”, but the Henniker Planning Board was not “required to accept a plan solely because it can be shoenorned onto a lot.” Rite Aid had argued that because the land was zoned commercial, that the town had no discretion to deny their site plan. The court ruled that “a site plan may reasonably satisfy all the legal requirements of the local zoning ordinance…and still be subject to reasonable denial by the board.” Brennan said it was not enough for Rite Aid to meet the minimum requirements of the ordinance, and said local officials do not have to accept any provision of a site plan just because the developer’s ‘experts’ said it is reasonable or legal. “Board members are entitled to use thier own common sense and judgment,” the Judge ruled. The Planning Board denied the site plan on 17 specific grounds, ranging from placement of the dumpster and snow removal, to the fact that the “size, single level, flat roof, sloping lot and cleared view” made the project “neither harmonious nor compatible with the long-term use and enjoyment of the adjacent residential area.” The Board argued that the size of the building was “too intensive for the site” and did not allow adequate buffering of neighboring residential property. The Court agreed, noting that Planning Boards can consider “even purely aesthetic issues” and “harmonious and aesthetically pleasing development” as “proper subject matter for site plan review regulations.” Rite Aid argued that the town held them up to a higher standard than earlier developers, but the Court said the town was under no requirement “to exercise a foolish consistency” by allowing further inharmonious development to take place. Henniker’s attorney told the media: “This is about as complete a victory as is possible, and from Rite Aid’s point of view, as profound a defeat as possible.” The ruling makes it clear that citizens can challenge a commercial development even on land that is already commercially zoned, and that issues of scale, size and compatibility are relevant issues.Rite Aid, which boasts of being one of America’s most admired retailers (based on a survey of business leaders, not consumers) has not indicated whether or not it will force the town to spend more tax dollars to defend itself by continuing its appeal to the New Hampshire Supreme Court.

Rite Aid plans to build 1,500 new stores by February of 2001. They will shut down many of their smaller “bantam units” to build these larger 11,000 s.f. prototypes, which the company calls “bigger and brighter” stores. Send a letter to Rite Aid CEO Martin Grass, Rite Aid, 30 Hunter Lane, Camp Hill, PA 17011-2404. Tell me Grass that Rite Aid should learn from the Henniker, NH case that one size does not fit all, and that the cookie-cutter approach to development just doesn’t cut it anymore. Or go to their website and email them that same message: www.RiteAid.com.

Like this article?

Share on facebook
Share on Facebook
Share on twitter
Share on Twitter
Share on linkedin
Share on Linkdin
Share on pinterest
Share on Pinterest
Al Norman

Al Norman

Al Norman first achieved national attention in October of 1993 when he successfully stopped Wal-Mart from locating in his hometown of Greenfield, Massachusetts. Almost 3 decades later they is still not Wal-Mart in Greenfield. Norman has appeared on 60 Minutes, was featured in three films, wrote 3 books about Wal-Mart, and gained widespread media attention from the Wall Street Journal to Fortune magazine. Al has traveled throughout the U.S., Barbados, Puerto Rico, Ireland, and Japan, helping dozens of local coalitions fight off unwanted sprawl development. 60 Minutes called Al “the guru of the anti-Wal-Mart movement.”

Leave a comment

Find Us

  • 21 Grinnell St, Greenfield, MA
  • (413) 834-4284
  • [email protected]

Helpful Links

  • Terms
  • Privacy Policy
  • Cookie Policy
Menu
  • Terms
  • Privacy Policy
  • Cookie Policy

Recent Posts

CHRISTIAN SMALLS, FIRED AMZN WAREHOUSE WORKER, FILES RACE DISCRIMATION LAWSUIT. …

November 16, 2020

DUE TO THE SURGE IN CORONA CASES, WMT IS LIMITING SHOPPERS TO 5 PER 1,000 SF. A…

November 16, 2020

AMAZON RECENTLY ANNOUNCED FREE 1 HOUR GROCERY PICK UP FOR PRIME MEMBER ORDERS &g…

November 15, 2020

AFTER BEING REJECTED BY THE DEERFIELD, MA PLANNING BOARD, DOLLAR GENERAL APPEALS…

November 15, 2020

WILL TRUMP ALLOW ORACLE & WALMART TO INVEST IN TIK TOK? The deadline to ban …

November 14, 2020

AMAZON ACCUSED OF BREAKING ANTITRUST RULES IN EUROPE. “Data of 3rd-party sellers…

November 14, 2020

WALMART PET CARE NOW SELLING PET INSURANCE. My 3 year old mixed breed cat would …

November 13, 2020

WALMART’S GOING TO THE DOGS. 90 M OF ITS CUSTOMERS HAVE DOGS. You’d be Goofy not…

November 13, 2020

WALMART CASHIERS STILL LOOKING FOR A SEAT. They won a $65 M lawsuit in 2019, but…

November 12, 2020

4 DAYS BEFORE THE PRESIDENTIAL ELECTION,THE CO-FOUNDER OF HOME DEPOT SAID: “Pres…

November 12, 2020

Recent Tweets

Al Norman 1 hour ago

WMT has a “mediocre track record” in its international division..For years it downplayed e-commerce, allowing AMZN to take a commanding position... the biggest driving force for WMT to focus more & more...is its critical battle with Amazon.” https://t.co/Gc36hsH2RW

Read More
Al Norman 1 hour ago

HOME DEPOT had “record breaking sales & earnings” in FY 20: $132 B in sales, 20% over FY 19. HD praised the “unwavering commitment” of its 500,000 workers. Net profits of $13 B—but workers struggle to pay bills. https://t.co/KtAfahfxCv

Read More
Al Norman 19 hours ago

TODAY the SBA opens an exclusive 14-day application period for PPP loans for biz/nonprofits with < 20 workers. Sole proprietors, indie contractors, & self-employed can apply. $15 B set-aside for small, low & moderate income biz. Must apply by 3/31/21. https://t.co/73uM2cmZY7

Read More

Ⓒ 2020 - All Rights Are Reserved

Design and Development by Just Peachy Web Design

Download Our Free Guide

Download our Free Guide

Learn How To Stop Big Box Stores And Fulfillment Warehouses In Your Community

The strategies written here were produced by Sprawl-Busters in 2006 at the request of the United Food and Commercial Workers (UFCW), mainly for citizen groups that were fighting Walmart. But the tips for fighting unwanted development apply to any project—whether its fighting Dollar General, an Amazon warehouse, or a Home Depot.

Big projects, or small, these BATTLEMART TIPS will help you better understand what you are up against, and how to win your battle.