Change Of Zone Rejected- P&Z Reverses Decision On Walgreens Proposal

By ANDY GOROSKO

Published: Nov 21, 2008 12:00 am

Change Of Zone Rejectedâ

P&Z Reverses Decision

On Walgreens Proposal

By Andrew Gorosko

The Planning and Zoning Commissionâs (P&Z) recent decision to approve a change of zone for a controversial proposal to construct a Walgreens Pharmacy on the busy northern corner of South Main Street and Mile Hill Road has been ruled deficient because the P&Zâs vote on a motion to approve that change of zone did not meet the standards required by applicable zoning regulations.

Consequently, the P&Zâs November 6 motion to approve a change of zone from B-2 (Business) to SDD-3 (Special Development District #3) for developer Newtown Main, LLC, has been invalidated, Land Use Agency Director George Benson said November 19.

On November 6, P&Z members voted 3-to-2 to approve the change of zone, with Chairman Lilla Dean, Dennis Bloom, and James Belden voting in favor, and members Robert Mulholland and Daniel Cruson opposed.

But former P&Z member Robert Poulin later pointed out to town land use officials that such a change of zone to SDD-3 zoning within the broader South Main Village Design District (SMVDD) overlay zone would require a âsuper majorityâ of four of the five voting P&Z members to approve such a change of zone, rather than a âsimple majorityâ of three members, Mr Benson said.

Consequently, the motion to approve the change of zone is nullified, and effectively has been rejected, Mr Benson said. Mr Benson said he conferred with town legal staff on the matter.

Ms Dean said November 19 that land use officials simply had forgotten about the requirement for the four affirmative votes required for a change of zone to SDD-3 zoning when they voted the matter on November 6.

âWe regret the errorâ¦Itâs a mistake and now we have corrected the mistake,â she said.

Ms Dean said the P&Z will be reviewing the provisions of the SMVDD zoning regulations, with an eye toward making some modifications.

In July 2007, the P&Z created SMVDD zoning 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 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.

The Walgreens proposal is the third commercial development application being considered under the terms of those zoning regulations, hence the SDD-3 designation.

Newtown Main LLC proposes constructing a 13,640-square-foot Walgreens Pharmacy at a 1.45-acre site 47-49 South Main Street. Three existing buildings at the site would be demolished to make way for the drug store and a 56-space parking lot. The site formerly held Newtown Oil Company, among other businesses.

The project has been controversial among P&Z members, with opponents of the plan questioning the practicality of the siteâs traffic design and also the presence of a drive-through window.

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.

Developer

Developer Robin Eshaghpour of Newtown Main, LLC, said November 19 he is unhappy with the turn of events concerning his Walgreens proposal.

âWe are going to exhaust all possible remedies to build a Walgreens with a drive-through there, and I am confident that we will achieve such,â he said.

Newtown Mainâs attorney is handling the matter, Mr Eshaghpour said.

The firm had been issued an approval for the change of zone by the P&Z, he said.

âAll I want to do in this economy is to earn a living and to create a possible means for others to earn a living,â he said. âThis project will be good for the economy,â and would create jobs, he said.

Â âIâm too far into this [project] for this [development] not to happen,â the developer said.

Newtown Main would lease the proposed building to Walgreens for use as a pharmacy.

Faced now with a rejection of the change of zone from B-2 to SDD-3, the developer has three basic options.

The developer could appeal the matter in Danbury Superior Court, could file another P&Z application, or could comply with the rejection.

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It seems a lot of the discussion around the flagpole focuses on vilifying drivers who pass on the right, but the real issue is being overlooked. If Chapter 248 Section 14-251 were enforced, we wouldn’t see this problem to begin with. That statute prohibits stopping in the middle of a roadway to yield to cross traffic—as so often happens with cars waiting to turn from Church Hill. When vehicles stop illegally in the travel lane, they effectively create a blockage. Other drivers then either sit through unnecessary delays or carefully pass around them on the right, which is fully permitted when the vehicle ahead is “illegally parked” in the roadway. Instead of punishing drivers reacting to the obstruction, enforcement should focus on the cause: vehicles unlawfully stopping and backing up traffic in the first place. If that behavior were addressed, the need to “go around” would largely disappear.

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John, you raise an important point — these situations are tragic, complicated, and often far less clear-cut than the headlines make them seem. In the Fredericksburg case, the full facts still aren’t publicly known, and like so many of these stories, there’s conflicting information. It was apparently the back door at 3 a.m. — was it justified to use deadly force? We don’t know yet. What we do know is that the homeowner has been charged, and as you rightly noted, that is very serious. But this is also where perspective matters. These cases are quickly sensationalized in the news and on social media, yet when the dust settles, the outcomes are rarely publicized. People forget that in our system, you are innocent until proven guilty. Try to find much coverage of the convication in the case of the Fairfield Realtor vehicle homicide, or updates on the woman who shot her husband a couple of Christmases ago, or even the pedestrian death in Sandy Hook a year or so back. The follow-through simply isn’t there, and public opinion is often shaped only by the first round of headlines. At the end of the day, these situations remind us how split-second decisions in the middle of the night can change lives forever — which is exactly why the right to protect one’s property, home and family is so fiercely debated, and lucky constitutionally protected.

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First the low hanging fruit. Dave; it was a joke, please get over it. You are the only person in Newtown that thought I really wanted to build a stadium on 6 Commence Rd. Now on to Alex. You might not appreciate my writing style or my selection of words, but let's not loose sight of the fact that by responding to my letter in the manner that you did, you have removed any doubt whatsoever that you have no idea of the quantifiable benefits you are dismissing not only for the town, but also for protesters. Either you stopped listening at the word "ordinance" or you never started.. Your constitutional rights to assemble were never in question and would actually be strengthened and there would be literally no impediments. We could even title it "The Alex Villamil Ordinance" if you want. It could be your legacy and actually show Newtown your willingness to work in a bipartisan way for the betterment of the town. Businesses would be protected. Traffic wouldn't be interrupted. The town would save hundreds of thousands of dollars in police overtime. And maybe most importantly, the town could prevent another tragedy while mitigating legal risk in the event something terrible happens at a protest. Nothing bad could never happen in Newtown right? All that could be accomplished by a simple, non-intrusive ordinance unless all the detriments to our town are intentional in order to bring more attention to your cause. Alex, this was not me throwing a temper tantrum. Believe me, you will know it if that happens. I am just putting Newtown first. From that perspective, if you think critically, the regulation is necessary. It makes sense logically, rationally, and is reasonable. There is absolutely no down side. None. I would be willing to sit down with you to see if we could come to some type of compromise if you want. Let me know. You would be amazed how much you can accomplish when there is dialogue amongst neighbors.

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Change Of Zone Rejected- P&Z Reverses Decision On Walgreens Proposal

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