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State Supreme Court dismisses Family Dollar store appeal


October 24, 2012
LANCASTER — The motion filed by Lisa McCullough, an abutter to the proposed JDH Capital, LLC/Family Dollar store at 181 and 185 Main Street, was dismissed as "untimely" on Oct. 12 by the state Supreme Court, according to its ruling on which all five justices agreed. The appellant missed deadlines, the Court said.

McCullough had asked the Court to reconsider what she believes were flaws in the decision reached on July 5 by Superior Court Justice Timothy Vaughn in the case of George Sansoucy et al versus the Town of Lancaster.

McCullough and other abutters, including Mary Snowman, believe that the Planning Board was itself untimely in meeting deadlines in posting public notices and releasing information in the site plan approval process.

The Family Dollar project — a new 9,180-square foot single-story retail store to be built along with associated drainage, including a retention pond, and up to 36 parking spaces — requires that two upper Main Street residential buildings be demolished on lots zoned commercial and the lots merged.

Nearly a year ago, the Planning Board approved a commercial building permit on Nov. 9, 2011, contingent on the applicant having all permit approvals in place, including from NHDOT, and all relevant conditions met.

Lancaster planning-zoning coordinator Ben Gaetjens-Oleson said last week that he was glad that the appeal process had been concluded but did not know the developer's specific plans.

Neither McCullough nor George "Skip" Sansoucy were available for comment on the ruling.

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