HomeMy WebLinkAbout2002-06-27-ZBA-min f
60 Bedford Street
6-27-02
8 15PM
RS, FS, AS,NB, LW(assoc.), SMM(clerk)
Richard Hunt, architect for Walgreens Drug Store
APPEAL of ZEO decision that a proposed dnve-thru pharmacy window is not an
allowable use per Use Table 1, Line 18 1 of the ZBL,
OR, in the alternative, requesting a
VARIANCE from Line 18 1 of Use Table 1 of the ZBL to permit construction of the
proposed drive-thru pharmacy window
RS reads legal notice and checklist
RH here
W/him , mR>Trask, mgr of walgreens, and ?Ms. ,pharmacy mgr
Situation predicated by fact Walgreens has selected this facility for a complete upgrade,
almost all of upgraded facilities except extreme urban ones havedrive-thrus for
pharmacyies,
Here wd have to locate on nght hand side of window on Bedford st,
Somehat masked from str., freestanding bldg in front, Starbucks, will screen
Subsequent to application, did receive add. info from walgreens to change façade of
bldg„
Was included in pkt,
In discussing project w/ZEO,
Conflict in interpretation of bylaws
My feelings in ltrs,
In further discussions w/town
Possibility that ZEO's decision upheld, appeal denied,
Suggested also apply for a variance, so cd try to get again,
RS reads vanance notice
RH—
RS--q ,only for people who call in, and drive up,
RH—
Kim, patients will dnve through and leave, go away, come back
RH ealier today, able to discuss comments from DACw/SH,
Some of which reasonable clear
Re property, bldg setbacks etc. in compliance,
II I IIII=II1II�S
Existing landscaping and parking done time ago, does not comply now
Walgreens is prepared to upgrade, create more green
Now 144 spaces,
Per code, utilizing formulas,
Need 112 spaces,
Are excess spaces that coud be lost to green space
Re s&s parking, inside property line, created extra space,
On walgreens space, 2-3 ft wide space w/several trees in already
Wd be prepared to ingtroduce landscaping area,but wd not recommend additional trees
(bec. Of existing trees), similar treatment along Bedford st.
One other issue,
W/SH,
q of roof over the dnveup window
if that roof is determined that does increase floor area of bldg,
that triggers further review and full site plan review
my view is that is not necessary,
if someone did try to fill in, later,wd then trigger
bd?
NB,now area in back used by 2=way traffic,no longer?
RH=traffic wd be so counterclockwise direction around bldg,room to go around drive
through lane for other cars/vehicles
NB--=goodwill truck wd be moved?
RH—yes,walgreens is a tenant, Star market owns,
Walgreesms prepared to help move, closer to rear corner of bldg?
LW=chain link fence along area where pharmacy dnve-thru wd be? On walgreens? Or
belongs to Custace Place
RH=had survey done by Keenan,
Fence on walgreens property,just inside line
If that is concern of bd, wd address w/property owner
Aud?
Favor?
Opposed?
Hearing closed
Delib,
Banks can have dnveups ?
Variances for?
RS, no problems w/
Lw,no prob w/dnvethru windowm
Most happy to see improvement in parking, landscaping
RH—walgreens wd be financially responsible
NB—move we support the ZEO,
MH—can be used as an accessory use type,
RS—don't want as precedent,
Their argument is is an accessory use,
Nb=uphold zeo decision,
But going to grant variance
One of conditions is to like to strongly recommend walgreens take a look at landscaping,
lighting, and parking,
RH—like opinion on increasing floor area,re little roof area
MH—my mterpretarion is not increasing floor area because no walls
(Iput this in decision)
move to uphold zeo decision
5-0, kunanimous
re Vanance
so moved,w/conditions
5-0,unanimously granted
rs, more read 40A, more confused
state saying wd be improper of commercial use, e.g. in residential zone, this def. Of use
variance
fs, apologize for not catching myself,
planning bd, nght,
overcome by desire to improve parking lot
lw, see great deal of value in what proposing
rs,need to see better way to do it
as, concurs,pb correct
can't issue variance re use
rs, still problem
if they came to us to put door there, cd get by nght?yes
walk up, give prescrption, only at this door, that wd be permissible
but bec. Want dnveup window instead of door,prob
now prob w/kids in car,
or leaving car running,
lw, convenience w/consumer, elderly, handicapped population,
rs,wd like to find way to do w/out going bfore town meeting
lot of other towns,no prob like this
fs, our bylaw says can do only what says can do
lw, ok,back to accessory use,how does this work
nb, access use listed
fs,bylaw says can do w/banks and?
no authonty to grant for other uses
lw, seems to go to town meeting for a
rs,prob w/?
a mcdonalds cd do by nght,but not in CB
this is a CRS distract
things changed @ 8 yrs ago
nb, don't know how got variance downtown for fleet,muzzey st
grandfathered?
What do
Fs, suggestion to rescind vote, deny,
Send apology to walgreens and tell them procedure of what to do
Rs,think pb owes us an apology re their original letter saying"no comment"
Lw, and if we don't.
Nb, clear can't be accessory use
Lw, cdn't find anything, unless gave them temporary access. use until go to town
meeting.
Fs,nothing in bylaw says can.
Lw, such a small thing.
Rs, and such a major public benefit
Willing to rescind if we can,
Based on a variance for use,
Lw, if rescind and then wait for town counsel?
Give them by nght?
Can't we do what matt said(rs) in 7/18 memo
Use is allowed,but drivethru wasn't,
Narrowly craft decision, for canopy for dnve-up window,
Decision for construction of canopy of dnve-up window,
Use is allowed, so give permission to construct canopy,
Use of what?
Prescnption window allowed
But drive-up isn't
Dnve up, stop, get out? Go to window,
Rs, agreed to do significant amount of work there(on lot etc.)
So much public benefit,
Find way,
RS to go to town counsel
We need to talk to (him),to find a way, then talk to planning bd,
Nb,being facetious,but if turn motor off,
Lw, wd like to see
Rs,proper process to rescind dec.
Fs, yes,but see what options are first,
Can rescind w/in 100 days,before decision written filed,
Do some investigating,
Meet again,
8/15 meeting,
rs,will get legal opinion,
totally agree w/pb, apologize
8/15, after regularly scheduled heanngs