SOUTHWICK – When the Calito Development Group filed two lawsuits in Land Court against the town after the Planning Board’s denied it a special permit to build a Dollar General on College Highway in a Business Restricted zone, it sought to have the decision overturned based on the alleged bias of two Planning Board members, and requested a ruling on the validity of the denial decision alleging the town’s Business Restricted zoning regulations are “vague” and “not readily defined” as required by state law.
In the 11-page lawsuit filed by Northampton attorney Michael Pill in early July, it points out that in the town’s zoning bylaws it allows only one “by-right use” in the town’s Business Restriction zone, which is a bank.
That means, every other business that wants to open in the town’s Business Restricted zone must apply for and be granted a special permit by the Planning Board to either build a new facility or repurpose or reuse an existing facility.
