Busy Corner—

Walgreens Pharmacy Gains P&Z Approval

By Andrew Gorosko

Planning and Zoning Commission (P&Z) members have endorsed settling a pending court appeal against the P&Z, in effect, approving plans for the construction of a large Walgreens Pharmacy on the northern corner of South Main Street and Mile Hill Road.

At a May 7 meeting, P&Z members voted 4-to-1 to settle the lawsuit filed last November against the agency by developer Newtown Main, LLC. P&Z member Robert Mulholland dissented.

After the meeting, Mr Mulholland said that the planned 13,640-square-foot pharmacy would be too big a structure for the 1.45-acre site, and also would create traffic problems in the heavily traveled area.

Much of the P&Z’s past review of the Walgreens project had focused on traffic flow in the congested area, and especially traffic flow on the site in light of the presence of a planned drive-through window.

The drive-through window planned for the east side of the building was a sticking point in the P&Z’s review of the Walgreens proposal. Under the settlement between the P&Z and the developer, that drive-through window would be allowed.

On April 2, P&Z members had voted in favor of a lawsuit settlement, but for legal reasons, they were required to confirm that decision in another vote on May 7.

Walgreens has long sought to have a large pharmacy on the prominent street corner. A July 2005 proposal to build a Walgreens at the site, which was pursued by another developer, was unsuccessful. That proposal included a request for drive-through window service, which proved to be a stumbling block for the project.

The 47-49 South Main Street site has been occupied by a number of firms over the years, including Newtown Oil Company, which went out of business in December 2002. Three buildings would be demolished to make way for the project. A 56-space parking lot would be built for the pharmacy.

Newtown Main’s application for the Walgreens project has an unusual history.

Last November 6, the P&Z voted 3-to-2 to grant a change of zone that was requested by Newtown Main, and later published a legal notice in a newspaper formally announcing that change of zone.

However, P&Z members later realized that they had actually not approved the change of zone because the applicable South Main Village Design District (SMVDD) regulations, which the P&Z approved in July 2007, require such a change of zone from B-2 (Business) to Special Design District (SDD-3) to achieve a “super majority” 4-to-1 affirmative vote by the P&Z, not a “simple majority” 3-to-2 vote.

Consequently, the P&Z then published a second legal notice that canceled the first legal notice and reversed its decision, in effect, rejecting the change of zone.

On learning of the P&Z’s reversal, Newtown Main developer Robin Eshaghpour of Queens, N.Y., expressed displeasure at the turn of events, vowing that he would get a Walgreens Pharmacy with drive-through window service built at the site. Newtown Main then filed the court appeal.

Requirements

In its vote to settle the court appeal, the P&Z decided that: the height of the planned pharmacy must conform with applicable zoning rules; the planned commercial signs must meet the zoning regulations; and an environmental study must be conducted on the site and any environmental cleanup work that is required must be performed.

Also, the P&Z decided that the project conforms with the requirements of the SMVDD regulations, as well as the SDD rules.  

In July 2007, the P&Z created the SMVDD regulations as a mechanism to respectively preserve and promote the New England appearance of existing and proposed commercial development and redevelopment projects along South Main Street.

Newtown Main sought the drive-through service under the terms of the SDD zoning rules, which allow much latitude in the specifics of a commercial project, provided that the P&Z and the applicant can agree on those specifics. The SDD regulations are a subcategory of the SMVDD rules.