Plans for a gas station/convenience store with a Dunkin’ drive-thru in Winchester can proceed, the N.H. Supreme Court ruled Friday.
Versions of the long-sought project at the intersection of Route 10 and Warwick Road have come before the Winchester Planning Board multiple times since 2012, each time followed by a court battle. This appeal was its third trip to the state’s high court.
The owner of a nearby grocery store, Kulick’s Market, had challenged the project after the planning board approved it a year ago. Last year, a Cheshire County Superior Court judge declined to overturn the planning board’s decision, and Kulick’s appealed to the state Supreme Court.
In its two-page order Friday, the Supreme Court affirmed the lower court’s ruling, concluding that it “was neither unsupported by the evidence nor legally erroneous.”
Kelly Dowd, the attorney representing Kulick’s, declined to comment. Owner Stanley Plifka Jr. could not immediately be reached for comment. Gary Kinyon, the lawyer for S.S. Baker’s Realty Co. LLC, the company behind the Dunkin’ project, was also not reachable late Friday.
In challenging the project, Kulick’s had cited safety concerns about traffic turning left into and out of the parking lot on Route 10. The company also unsuccessfully appealed the planning board’s 2013 approval of a prior version of the project.