First Hurdle—

Walgreens Pharmacy Proposal Gains Change Of Zone

By Andrew Gorosko

A controversial proposal to build a large drug store on the busy corner of South Main Street and Mile Hill Road has cleared a major hurdle, with Planning and Zoning Commission (P&Z) members approving a change of zone for the 1.45-acre site at 47-49 South Main Street from B-2 (Business) to SDD-3 (Special Development District #3) zoning.

P&Z members, however, approved the change of zone in a 3-to-2 split vote on November 6, with opponents of the plan continuing to question the practicality of the site’s traffic design and also the presence of a drive-through window at the proposed 13,640-square-foot Walgreens Pharmacy.

Voting in favor of a change of zone were Chairman Lilla Dean, Dennis Bloom, and James Belden. Opposed were Robert Mulholland and Daniel Cruson. Mr Belden and Mr Cruson are alternate P&Z members who voted on the application in the absence of two regular P&Z members.

Having received its requested change of zone, applicant Newtown Main, LLC, will now need to apply to the P&Z for a site plan approval. That application would be reviewed at an upcoming P&Z session.

Newtown Main has an option to purchase the site from TB Newtown, LLC, of Westport for an undisclosed price. Three existing buildings on the site would be demolished to make way for a pharmacy and a 56-space parking lot.

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, did not materialize. That proposal included a request for drive-through window service, which proved to be a stumbling block for the project.

The current redevelopment proposal has encountered criticism from some P&Z members and the public. Questions have centered on the practicality of the site’s design, the presence of a drive-through window, potential traffic problems, and environmental issues.

Development Issues

In a discussion preceding the November 6 P&Z vote, Ms Dean said that the Police Commission, serving as the town’s traffic authority, on November 5 had endorsed the traffic plans for the Walgreens proposal.

Mr Mulholland, however, expressed concerns about the practicality of the site’s traffic design. “This is an accident waiting for a time to happen,” he said of traffic flow on the site. He said he is concerned about safety issues posed by access to the site from an entrance-only driveway extending from Mile Hill Road. “It’s a dangerous area,” he said.

Mr Cruson said he does not see a justification for drive-through window service at the facility. In seeking a drive-through, the applicant is trying to circumvent zoning regulations, he said. In New Canaan, a Walgreens pharmacy was constructed without drive-through window service, he said.

Mr Bloom pointed out that there would be delivery truck access problems posed by an entrance-only driveway leading to the site from Mile Hill Road.

But Ms Dean pointed out that the applicant has agreed to certain restrictions on commercial signage and on building height favored by the P&Z. Ms Dean said she supports having drive-through service if it is used only to allow customers to pick up pharmacy prescriptions.

Ms Dean said she does not think the P&Z can scuttle the Walgreens proposal because there are traffic problems in the area.

Mr Bloom said he does not have any problem with the request for drive-through window service.

Mr Cruson, however, asked what would prevent a fast food restaurant, such as McDonald’s, from approaching the P&Z and seeking drive-through service for a fast food restaurant.

“This is a [drive-through] precedent that we don’t want to set,” Mr Mulholland said. Drive-through window service causes cumbersome and dangerous situations, he said. The presence of a drive-through window at Walgreens would cause traffic conflicts on the property, he said.

Mr Mulholland said that neither the pharmacy at the Super Stop & Shop supermarket at Sand Hill Plaza at 228 South Main Street, nor the Drug Center Pharmacy at 61 Church Hill Road, has drive-through window service.

The CVS Pharmacy at Newtown Shopping Village at 6 Queen Street does have a drive-through window. However, that pharmacy application was approved a decade ago by the Borough Zoning Commission.

Ms Dean pointed out that the design proposed for the Walgreens is a better traffic design than that which exists at the site. The property has broad, unrestricted access to South Main Street, without the controls created by curb cuts.

Motion To Approve

In their split-decision vote on Newtown Main’s application to redevelop the site for a Walgreens Pharmacy, P&Z members decided that the height of the building must conform to P&Z restrictions; that more extensive landscaping is required for the property than has been proposed, and that the commercial signs on the property must conform to the zoning regulations on signage.

Also, P&Z members decided that a “Phase II” environmental study of possible contamination on the site must be conducted, and that all the environmental remediation work necessary on the property must be accomplished before the site can be redeveloped.

The developer has already had a “Phase I” environmental study performed on the site. Such a study makes a preliminary assessment of possible pollution problems.

The property formerly held various automotive repair and gasoline filling station uses. The site, which has been largely vacant for the past several years, formerly held Newtown Tire and Service, Newtown Oil Company, Trudeau Service Center, and Trudeau Oil Company, among other businesses.

Also, P&Z members decided that the change of zone from B-2 to SDD-3 is consistent with the purpose and intent of the South Main Village Design District (SMVDD) zone; conforms with SMVDD design criteria; adheres to the SMVDD zone’s architectural compatibility objectives; meets the purposes and intent of SDD zoning; and is consistent with the 2004 Town Plan of Conservation and Development.

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.

The applicant for Walgreens is seeking 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.