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Township Counsel Expects Walmart Litigation Headed to Appellate Division

Lawsuit over construction of planned Super Walmart to be heard in state appellate court

 

Litigation over the planned development of a Super Walmart site is likely headed to a state appellate court in the springtime, according to Manchester’s legal counsel in the matter.

The litigation was initiated by the ownership of the Manchester-based ShopRite supermarket, the Perlmutter family.

Edward F. Liston, Jr., attorney for Manchester Township, the defendant in the suit, stated that the township had won on the trial level, and the plaintiffs had filed an appeal to the State Superior Court’s Appellate Division, located in Trenton.

“Briefs will be filed in the next 30 to 60 days, and I’d expect oral arguments to take place in the spring,” said Liston.

Liston noted that the litigation would be contested in front of a three-judge court, which comprises the Superior Court’s Appellate branch.

Marianne Borthwick, coordinator for the Manchester Township Planning Board, also said that nothing could proceed without a decision from the appellate court, which appears to be months away.

The decision to construct the Super Walmart, to be located on the corner of Route 37 and Northampton Boulevard between Toms River and Manchester, had not been without detractors in the past.

The Pinelands Preservation Alliance (PPA) and the New Jersey Department of Environmental Protection (NJDEP) had previously expressed concern and opposition regarding the construction of the Super Walmart, due to their belief that the building will threaten the habitat and local population of the Northern Pine Snake.

However, a compromise was reached last year between the NJDEP and developer Jaylin Holdings, that for every developed acre of the Super Walmart, 10 acres would be set aside to protect the Northern Pine Snake’s habitat. With the store planned to be 21 acres in size, that amounts to more than 200 acres of Pitch Pine trees and small sandy hills that go on for miles alongside Route 37.

Planned conservation efforts include Jaylin’s construction of five den areas called hibernacula, canopy sections needed for snake basking, nesting areas and a fence to block human interaction.

Related Topics: Manchester Township and Walmart

W B

8:15 am on Wednesday, August 22, 2012

Its obvious that this whole delay is about Shop Rites being afraid of business being hurt by Wal Mart. Shop Rite has no business sticking their nose into the construction of Wall Mart, its called compitition. I guess they are afraid they may have to lower their prices.

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Billabong

9:55 am on Wednesday, August 22, 2012

WB, I agree with your comments about Shop Rite fearing the competition. That being said, I don't want this Wal-Mart at all. Here's another example of the quality of life for Manchester middle class families going down the poop-chute. More traffic, more people speeding though Pine Lake Park where our children bike and play, more headaches. As usual, you hear no support for us families from the retirement communities (or Renaissance folks who you might think would know a thing or two about quality of life issues with the recent debate about the care facility on Rt. 70) or the Mayor's office. A Wal-Mart is already a few traffic lights down the road. We certainly don't need this new store.

ballyjduf

9:31 am on Wednesday, August 22, 2012

I guess they did'nt pay off mikey

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DaveL

10:35 am on Wednesday, August 22, 2012

I don't see how this new Walmart will decrease the quality of life for residents of Manchester and Toms River. It is a new store, with a full supermarket (hence why Perlmutter is scared and is pulling out all the stops to avoid competition) and in a less congested area than the current store. This store will bring new jobs and groceries at a cheaper price for seniors and all residents. Walmart will have to improve the intersection, so traffic will flow much smoother than it does now. The current Walmart where it sits today has no room to expand, so there is no way the company can offer the full supermarket selection. Once the new store is built, I would imagine they would turn the old building into a Sam's Club to compete with BJ's- which is still creating more jobs and not leaving the town with an empty building. As for people speeding through Pine Lake Park, I will leave that up to the residents there- I do not live there. I know the Manchester Police do an excellent job in enforcing speed limits, so perhaps residents can request extra patrols or speed humps? More competition is better for all of us who are struggling with grocery bills already- and Route 37 is a commercial corridor. When people choose a place to live, they should consider what major highways are close, and what they zoning laws are.

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JayBee

10:50 am on Wednesday, August 22, 2012

I seem to agree with you, Davel, I hope it does go up, and for 200 acres, hopefully a Sam's could go there also. That would make me smile, as i have to go to Freehold where there is a Sam's and Walmart on the same property. Yes, Shop Rite will be hurt, but as I see it, Shoprite is always loaded with people. they can share the business.

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Steve Domanski

12:15 pm on Wednesday, August 22, 2012

Quality of life ???? Snooki and JJwow are liveing there !! Manchester is the new Seaside Heights.

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Billabong

12:24 pm on Wednesday, August 22, 2012

You'll leave it to us Pine Lake Park residents? Thanks. That seems to be the M.O. of Manchester - school budget issues because the budget is always voted down? We'll leave that up to the residents. Traffic in the Park - leave it to the residents to deal with. Funny how the song changes when a project affects the retirement communities. The traffic in that area is already nuts with the Wawa, school busses piled up on the jug handle, and people backed up Northampton trying to get out onto 37 from Pine Lake Park. Trusting Walmart to do anything except look out for their bottom line is laughable.

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DaveL

1:01 pm on Wednesday, August 22, 2012

@Billabong: I did not mean that in an insulting way, just leave it to the residents of PLP to work with the police to control the speeding. The state will not give them their permit until they completely overhaul the intersection, which will alleviate all the current traffic issues. I live on a main road, speed limit is 40- we knew how busy the street was when we moved in. People do well over 40, but police do hide and run radar, and sometimes they install those speed warning trailers. If traffic and speeding is that much of a problem (again, I am trusting you- I live in Toms River) go to town council meetings and work with your police department. Nobody should deal with people driving recklessly in a residential area.

Karen Schenck

11:13 am on Wednesday, August 22, 2012

As most of us know there have been several different supermarkets over the years in the area. Shop Rite has moved all over Toms River to drive them out of town, When the new Shop Rite on Rte 37 and Rte 166 was being planned Perlmutter tried to stop that too, because it was not a "Perlmutter" store. How many times is Toms River and Manchester going to let "Perlmutter" get away with trying to eliminate the competition? Give us a break!!!!! As for the those of you who think it will cause quality of life issues "Do You Shop In The Walmart In Toms River Now???

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WhitingBoy

11:52 am on Wednesday, August 22, 2012

The township (Mayor, et al) have been on the right side of this thing all along. It is a Perlmutter-driven thng (he is funding the environ folks, who really are doing what they feel is right). Either way, how long have we gone without the tax revenue share we would get from this project? Enough is enough....this is a ready and willing rateable for us. Let's get it moving.

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MrSaturdayNightSpecial

12:38 pm on Wednesday, August 22, 2012

Has any one even been back in the area where they want to put this wal mart? The people who care about the environment and are complaining obviously don't. Its littered with trash, and the remains of homeless camps. It is a disgrace. Additionally I own a business over there. I honestly can't wait until they break ground. It will bring more traffic and hopefully people will say "wow I never knew we had a store like that!" and stop in.

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DaveL

1:04 pm on Wednesday, August 22, 2012

Walmart will develop the property and make that area of town more attractive for future businesses to develop. The current site is a disgrace, and everyone has catered to Perlmutter- including when he "introduced" that snake to the property to delay the project as long as he has. He pulled the same crap with the new Saker Shop Rite at 166/37. As a business owner, he should be adjusting his stores to compete- not shut out competition by whining like a child.

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Mark Wendell

10:53 pm on Wednesday, August 22, 2012

@ DaveL, Permart was opposed to the Saker Shop Right because it was built in Permarts territory. Not only that but it was built on a former Perlmart store and directly next to Permart's headquarters on RT166. This had to do with the Jackson store that Perlmart built in Sakers Lakewood/Jackson territory. Shop Rite is a co-op, the largest co-op in the country, and is family owned. WalMart will not develop that end of town for other stores they will suck the life out of the other stores. As a life long and born in Ocean County person I think the demise of the small guy is sad. Stores like Home Depot are out of control. When one company builds a store just to surround a competitor it's out of control. And to boot TR will get most of any tax proceeds since Manchester will be the parking lot. AND THEN PLP residents will have to deal with the cut troughs and the traffic blocks at an already miserable intersection.

.

4:06 pm on Wednesday, August 22, 2012

We don't need another Walmart in the area. I deal with Walmart on a regular basis as my company sells to them. They are ruthless in business and their insistence on all of their good being made in China or other 3rd world countries has been the ruination of business in the USA. I refuse to shop at Walmart.

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Mark Wendell

4:11 pm on Wednesday, August 22, 2012

I wish the Permuter family luck in their suit. KEEP this away!! If the seniors want this so bad put it up next to Renascence. That intersection with all of TR's school buses and Wawa traffic is already a nightmare. Another thing, it will attract people at first and than they will run back to Perlmart's Shop Rite because of Wal Marts low quality and limited service and help. If anyone think they will get a clean store and service like what Permart give they are nuts. Stick with the family owned store instead of the lets grab all the money we can and shutter the little guy with low quality on cheap goods sold with slave labor.

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bayway mike

5:56 pm on Wednesday, August 22, 2012

Perlmart Shop Rites home-style coleslaw and potato salad remind me so much of my Mom's, that she requests them when I visit her..

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Mark Wendell

6:04 pm on Wednesday, August 22, 2012

@ Bayway MIke, You would never be allowed back home with WalMarts potato salad!!! But hay it's .50 cents cheaper and now with 50% less anti freeze and metal shards.

Mark Wendell

6:14 pm on Wednesday, August 22, 2012

WalMart does not give a living wage, therefore it does not support American families, They do not support American jobs. They make slave and sweatshop labor elsewhere. They suck up tax dollars because a huge percentage of it's workers get welfare or food stamps and intersection's and traffic lights get built for them on state and county roads. All while feeding a multi billion dollar family with even more money that gets a nice tax break to boot. Permart gives better wages, buying there supports families and American workers. It is a better deal for all because it's a circle. Spend money here, support our families and friends so the jobs can be made here and we will all be working. What no one gets is the very high cost of saving a buck.

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So Much to Say

7:26 pm on Wednesday, August 22, 2012

I say let's call Billy the Exterminator. I'll bet there is no pine snake and Mr. Perlmutter is full of poo. I hope the new Walmart is built.

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Marie W

4:25 pm on Sunday, March 10, 2013

who do you think put the pinesnake there? Mr.Moneybags!

DaveL

7:27 pm on Wednesday, August 22, 2012

I am certainly not defending Walmart and their poor business practices. I also would never defend how they pay well under a living wage and offer no benefits. They certainly are not the best company to work for, but if you have been out of work for a few years and have run out of unemployment, a job is a job. Some money is better than no money. Most of what Mark Wendell said appears to be the truth, but in this case the state is making them pay for the intersection improvements. As Americans, we have voted with our wallets that we would happily sacrifice quality customer service and products to save money. Foodtown, Pathmark, and A&P are all on the verge of closing because nobody shops there. People prefer Shop Rite, Walmart, Target, and other places for groceries. In the long run, buying cheap imported goods from Walmart is not helping our trade deficit, but we have no choice. There are no American made televisions, laptops, iPads, etc. Also, for a family on support and has to count every penny... $150/week for food at Shop Rite versus $120/week at Walmart might make or break them. Sure it is nice to support American companies that directly support American workers... but that is not always an option. I drive a Ford, but I bet half the commentators here badmouthing Walmart and their Chinese imports drive Japanese, German, or Korean cars and think nothing of it.

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Mark Wendell

10:38 pm on Wednesday, August 22, 2012

DaveL, In this case the sate is, maybe they wised up to their misdeeds. In the past they have not and out of New Jersey they are not. I just returned from the state of South Carolina were Sunday after church food shopping is the state hobby. The WalMarts come in big to impress than quickly turn down the quality. As for American products available it is sad and your right but what I'm talking about is changing it. If we as a people are willing to spend just a bit more and demand US made goods the companies that left this country because of greed will need to come back. In 1970 when I was just a wee lad 95% of clothing was US made, 2010 it was 5%. WalMart is the leading cause of that. Families are certainly having a hard go of it but we will NEVER climb out of this economic funk without the jobs, factories, US goods sold again. We have become a nation of salesman we do nothing anymore. Thanks WalMart.

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DaveL

8:10 am on Thursday, August 23, 2012

Mark, I completely agree with everything you say. I know Walmart has questionable business practices, and imports tons of cheap crap from China, etc. I would love to purchase an American made TV, if the price was comparable. My issue here is not to defend or attack Walmart, I just want to highlight how they have a right to open their store at that location. For all the headaches Perlmutter caused, and his temper tantrum like a 5 year old- I hope his store goes out of business. I shop at Stop & Shop, and I agree the Walmart meat is flavorless like someone else said. Thankfully, I can afford to shop there... but there was a time I had food stamps and would have love a Walmart grocery store, even if it meant to sacrifice taste.

Filing frivolous lawsuits, nitpicking at minor things, and introducing the snake to the property- and then having his people call the DEP are all unethical business practices. Perlmutter should spend his money and resources improving his business model so when Walmart opens, his customers remain loyal.

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Mark Wendell

12:27 am on Saturday, August 25, 2012

@DaveL, You say competition like that's what WalMart will give them, problem is that it is not a fair fight. WalMart purposely shuts down everything in their greedy path. They don't what some of your/our money they want it all. What I'm saying is we all cant afford to keep nickel and dimeing everything because it has cost this country jobs and they have us into it so far there is no recovery as the USA slips into third world status. Pay a little more, have a livable job! You mention foreign cars but if you look at it carefully you will see that Toyota has invested much more into the USA than our so called native companies that were moving to Mexico at the same time. And they are not the only ones to have done so. I do however wish they would unionize. Only the Tacoma was a UAW product when it was made in California. If you go into a WalMart you can see things cheaper than they were 20 years ago because the buyers push and push. Sara Lee sold their knitwear division, Hanes and Champion, just because of this and sold off the jobs (mostly in NC) to Asia just before they sold.

W B

7:59 pm on Wednesday, August 22, 2012

I wonder how many of Shop Rites mercenaries have written comments here. Hey, no comments about Walmartians yet??????

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George Johnson

8:07 pm on Wednesday, August 22, 2012

I have yet to see anyone get pulled over for speeding through PLP in my 6 years here. I even submitted a FOIA request with the PD to find out how many speeding tickets have been issued on Common Wealth Blvd in the last year. They denied my request claiming they did not track that. Perhaps it is more like they do not want it to come out that they do not care about everyone who uses PLP as a short cut to speed through. If the Walmart is built they need to lower the speed limit from 45+ to 30. It is a large residential area with over 700 kids. Protect our kids! We are already taxed to death paying for all the senior accommodations while we get no services.

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Billabong

6:35 am on Thursday, August 23, 2012

Amen George. I've been in the Park 5 years now and there's still been nothing done about the death trap that is the corner of Northampton and Commonwealth. There have been many significant accidents at this location during my time here and this would be the most heavily travelled shortcut to this new Wal-Mart. A simple intersection improvement on 37 does not solve the problem and does nothing to help the many residents of Pine Lake Park one bit.

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Mark Wendell

12:28 am on Saturday, August 25, 2012

@ Billabong, You are totally correct, nothing that I can see will fix that intersection and Toms River loves all of this because the store is in TR but the problems will clearly be in Manchester. THANKS FRESSOLA!

Kris

8:49 pm on Wednesday, August 22, 2012

I hate Walmart! Sells inferior products, takes returns and places back on the shelf to unsuspecting consumers. Produce is the pits. Down south the Walmart super centers are major markets that's where they belong. Walmart can just stay away for all I care, haven't shopped there in years and I will not shop there in the future.

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beenthere

9:01 pm on Wednesday, August 22, 2012

Shop Rite has nothing to fear. Have you ever shopped in a Super Walmart? The meat has no flavor. Most of the other items sold in Walmart are junk.

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Maynard Ferguson

9:49 pm on Wednesday, August 22, 2012

But the seniors with no taste buds left will save $1.28 on the food, so it will taste like heaven to them.
Wal-Mart- Made in Americ....... I mean third world countries so the Waltons can keep raking in the billions!

Maynard Ferguson

9:49 pm on Wednesday, August 22, 2012

The Walmart economic cycle- Sam opens Walmart after Walmart with the slogan "Made in the USA". Then, he goes to China and finds out he can buy cheap Chinese crap and the idiots in America will buy the junk cause they can save a buck, and he makes four times the profit on the garbage. It works so well, that he invests millions in infrastructure in China, and then forces the American companies over to his infrastructure to do their manufacturing there cheaper, so he can make more money. American jobs go overseas, and the jobless can only afford to go to Walmart to buy his highly profitable Chinese junk. Eventually, since there are no manufacturing jobs that pay well left in the US, Walmart sales drop because the entire concept of Walmart's economic cycle come around to bite them in the rear, because no one can afford to shop anywhere, including Walmart!
No company should be allowed to control all aspects of the retail industry. It creates total unfair business practices that exterminate all other competition.
When a new store opens in a town, they don't create new customers, the take them from elsewhere. When one company like Walmart controls so much of the retail industry, they can, and do, annihilate their competition at will. Once they do, then they jack their prices and screw the customers they stole from everyone else.

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Local

10:31 pm on Wednesday, August 22, 2012

Christie, a Republican forced the State Department of Environmental Protection through his businessman "Environmental" Commissioner to change the long standing DEP rules that at one time protected endangered species.

The question for New Jersey voters is are they happy when environmental rules are changed by politicians?

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Mark Wendell

11:12 pm on Wednesday, August 22, 2012

@Patrica M, good point Patrica. If anyone follows the ballot questions, I do, voters normally support environmental, park, Green Acres and Farmland preservation questions even if it raise's taxes.

Joe

7:22 am on Thursday, August 23, 2012

Forget Shop-Rite Please !! How about getting a Wegmans to open in this area?
The one in Ocean Township on Hwy. 35 is great.

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Lisa

8:21 am on Thursday, August 23, 2012

I agree with you Joe!!!

john dowling

8:14 am on Thursday, August 23, 2012

Shop-Rite fought Pathmark for years when they tried to come to Toms River, again its about the competition - Perlmutters got hurt with the Shop-Rite on Rt 37 that they don't own - JD Toms River

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Mark Wendell

12:18 pm on Saturday, August 25, 2012

@ John, Shop Right is one of the few, if not only, family owned supermarkets around the North East. If you invested money into you business you would do the same thing or you would be a bad business owner. His "problem" with the Toms River store was totally illegitimate since Permart owned the rights to TR and Wakefern let Saker build the store on land that contained a former Permart store and the corporate headquters for Permart. He didn't try to stop it because it was a deal with Wakefern (Shop Rite is a Co-Op run by Wakefern of Kesby NJ) because they let him build a store in Jackson, Sakers area. For some people to make up malarky like the fact that he planted a snake in the woods in the Pine barrens were they live anyway is sad. How things people make up and joke about become fact here is amazing. People in my neighborhood were saying I put the snake there because I'm anti WalMart. I'm surprised that's not here now. Like they would find a snake thrown into 22 acres anyway. "stay here snake, stay, good boy"

LJ

12:52 pm on Thursday, August 23, 2012

I find it extremely IRONIC that Manchester does not want to allow a Walmart in their town because it will harm the "quality of life" there but will embrace Snooki & BowWow or whatever her name is! Incredible!! Exactly what quality of life will those two young "ladies" bring to their township? I'm not getting this!

All that aside, isn't there only one major grocery store in Manchester with a smattering of convenience stores? Surely those 40,000+ Manchester residents could use another grocery store in their midst. Why does the Shop RIte have to have a monopoly on food shoppers? Things surely have been a little suspect with this opposition for years. I mean WHO really believed that there was an almost extinct little snake causing all that trouble for years? Did someone go to a pet store to buy and plant it there to stop the WalMart plan from going through?

Also, I think many folks over look the fact that this WalMart will also be on Toms River turf and you don't see the residents of Toms River up at arms about it and Toms River certainly has many more stores, traffic, etc than the more rural Manchester.

Something's very wrong with this whole deal!!!

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Billabong

6:46 pm on Thursday, August 23, 2012

LJ you are way off on your comment about the number of grocery stores that are easily accessible to Manchester residents. There's two Shop Rites (Rt. 70 and Rt 166 & 37), A Stop and Shop in Whiting, and a Pathmark on 571 and Rt. 9. That's hardly a monopoly for one Shop Rite. (For the record, I'm mostly a Pathmark shopper and only shop at the Perlmutter Shop Rite on rare occasions.) The Toms River residents aren't complaining because the traffic is going to negatively affect a large, middle class Manchester community. You may want to learn a little more about the area before commenting further.

And how exactly is this related to the "Snookification" of Manchester, which is just another decision that the residents of Manchester had no say in.

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Mark Wendell

12:08 pm on Saturday, August 25, 2012

@ LJ, Billabong addressed the supermarket thing here and forgot a few close ones in outlaying towns so I'll skip that. As for the Snooki thing TR said no to filming because they have an anti filming law. Manchester does not, so by law they can be here. These people are low class idiots and Manchester, township or people, does not what them here but if we uphold our laws they have the right to be here. I do not support or towns council much but they are right here and I believe we will have a law like TR's soon here in Manchester.

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Mark Wendell

12:21 pm on Saturday, August 25, 2012

@LJ, oh and by the way the town council wants it here. It's the residents of Pine Lake Park that will have to deal with the aftermath that don't. This sort of thing is EXACTLY what should be on a ballot for the people to say.

Michelle Leigh

2:54 pm on Thursday, August 23, 2012

Long time resident of Pine Lake Park. The whole quality of life issue is specifically linked to the enormous influx of new traffic that will ensue at the Northampton/Rt. 37 intersection. Unless there is some major traffic reenginnering completed, it will become an absolute nightmare for any resident attempting to exit Pine Lake Park. No, we don't want to drive additional mileage in the opposite direction to the Commonwealth/Rt 37 intersection just for the sake of avoiding traffic. Northampton has been a perfectly viable intersection available for many decades. This project needs to include a much larger or completely repositioned jughandle, to accomodate the Rt 37 westbound traffic, make the Wawa side exit "right turn only", Include two left turn lanes on Northampton exiting onto Route 37 East a separate straight/right turn lane. If the Wal-Mart were to finally be approved, I would even go as far as to advocate for speedbumps on Commonwealth and Northampton because we already see cars doing 50-60mph in a 40mph zone, plus lots of accidents. Take care of the traffic issue proactively, then myself and many other PLP Residents will be converted to huge supporters of Wal-Mart arriving here. Of course, let's hope that Manchester Residents wouldn't have to vote on the budget on any such road improvements or it's guaranteed not to pass, as the folks in 99% of the Senior Villages will travel to Wal-Mart from Rt. 70 and Rt. 37 East and could care less about issues in PLP.

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Billabong

6:50 pm on Thursday, August 23, 2012

Well said Michelle. It's nice to see someone who lives in the Park address the concerns faced by the community. Like I've said before, our town hasn't addressed the Commonwealth/Northampton blinking light death trap - I don't have much confidence that they could create improvements of this magnitude that wouldn't affect the Park residents negatively.

George Johnson

9:46 am on Saturday, August 25, 2012

Don't blame Walmart or China for what is going on in this country. Blame the Unions and Democrats who drove all the factories out of America. Unions forced the cost of basic labor up to the points it was impossible for the jobs to stay in this country. It should never have cost $60/hr for some guy to turn a screw driver.

You can also blame all the Democrats who that took all those Union dollars which forced those factory owns to pay them those wages or be fined out of business. In addition to having to follow unrealistic liberal regulations which restrict any sort of business growth. Stupid Unions and Democrats forgot America is not the only country in the world and dismissed the global economy as a checkmate end game to their Marxist agenda .

America needs to go back to how business was done in the roaring 20s. Plenty of affordable labor, non restrictive regulations, less taxing the innovators and put back to work those hard working folks who rather not sit on the couch playing video games because collecting government entitlements is their new career.

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Mark Wendell

12:04 pm on Saturday, August 25, 2012

Yah, It's not the "Corporations are People" thing that Romney and the rest of the lower IQ set that are known as the GOP push. It's not the fact that the rich right pulled all of their production out of this country just to save a buck for their pocket. Let me guess you support the millionaire tax break because it will create jobs. No it goes into their pocket. You change names of things like "millionaire" to "job creator" "welfare, food stamps and medicare" into "entitlements, "progressive" to "Liberal" and "educated person" to "Elitist" all while you get duped into supporting billionares through the GOP threat of gun control, abortion and religion. Did you ever stop to think why the lowest states in total IQ (the south) are the red ones? Oh and I forgot one "the health care plan the flip flopper Romney thought up" to "Obamacare"

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