Sheffield, developer close in on Dollar General agreement


SHEFFIELD -- Following a standoff entering this year, town officials and legal representatives from Primax Properties have hastened negotiations that could pave the way for the development of a Dollar General store.

Town officials have exchanged two settlement offers with Primax Properties, which is trying to build the store but first needs a building permit, according to Town Administrator Rhonda LaBombard. In late December, legal representatives representing Primax publicly rebuked the town in a statement for failing to offer a settlement offer after reaching out twice since November 18.

Representing Primax, Kathleen McCormick of Great Barrington-based McCormick Murtagh and Marcus said the developer has reviewed the latest offer and has sent back a response.

"At this point, Primax has sent settlement documents to the town and is awaiting confirmation from the town on the form of the documents," McCormick wrote in an e-mail statement.

Charlotte, N.C.-based Primax Properties has submitted an appeal in state Land Court over Sheffield's decision to block plans to build a Dollar General store on 660-680 N. Main St. Primax has asserted it is in compliance with town zoning bylaws. However, the Zoning Board of Appeals has blocked construction, citing zoning bylaw violations related to parking, landscaping and other issues.

Primax is scheduled to attend a state Land Court hearing on Feb. 19 on a motion to compel evidence, according to the state Land Court website.

"Until we have a significant agreement, Primax continues to proceed with all scheduling orders of the court," McCormick said.

LaBombard said she has not received Primax's settlement offer yet, although that could be because the town's attorney is on vacation.

The town expects to provide an update on the cost related to the Dollar General lawsuit on the Board of Selectmen meeting scheduled for Tuesday because of the President's Day holiday. Town officials in November said they spent $11,214 entering November related to the Dollar General lawsuit.

To reach John Sakata:

or (413) 496-6240.

On Twitter: @jsakata


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