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HomeMy WebLinkAbout2002-06-27-ZBA-min60 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 drive -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 right 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 fagade 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 variance notice m RS—q. , only for people who call in, and drive up, RH— Kim, patients will drive 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, 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 R 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 driveup 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? R11- 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, Walgreesnis prepared to help move, closer to rear corner of bldg? LW =chain link fence along area where pharmacy drive -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 driveups ? Variances for? RS, no problems w/ Lw, no prob w /drivethru 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 interpretarion is not increasing floor area because no walls (Iput this in decision) move to uphold zeo decision 5 -0, kunanimous re Variance 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, right, 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 right ?yes walk up, give prescrption, only at this door, that wd be permissible but bec. Want driveup 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 authority to grant for other uses lw, seems to go to town meeting for a rs, prob w/? a mcdonalds cd do by right, but not in CB this is a CRS district things changed @ 8 yrs ago nb, don't know how got variance downtown for fleet, muzzey st ju, 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 right? 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 drive -up window, Decision for construction of canopy of drive -up window, Use is allowed, so give permission to construct canopy, Use of what? Prescription window allowed But drive -up isn't Drive 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 hearings