A lawsuit that has delayed construction of a CVS Pharmacy in Winchester since 2013 appears to be headed for trial this spring.
A state Land Court judge recently denied a pair of motions from the plaintiffs and scheduled a final pre-trial conference for Feb. 18.
"There will be a trial if this is not settled, and it doesn’t look like it’s going to settle," said attorney Daniel Hill of Cambridge, who represents four Winchester residents fighting the pharmacy project.
The proposal spawned a grassroots campaign by Neighbors For Rational Growth, a citizen group, with "No Mega CVS" signs sprouting on front lawns throughout the predominantly residential community.
In September 2013, the Winchester zoning board of appeals approved a 14,360-square-foot pharmacy to be built on three commercial properties at the corner of Washington and Swanton streets. Before the Woonsocket, R.I.-based chain could begin demolition of the existing strip mall, the neighbors filed suit against the board of appeals and developer Gershman Brown Crowley Inc. of Indianapolis. The site has sat vacant surrounded by chain-link fence ever since.
The lawsuit claims the project would subject neighbors to excessive noise and other undesirable effects from the traffic it would generate. Headlights from vehicles exiting the parking lot would shine into their homes, and neighbors would be subjected to noise pollution from five York "Predator" air conditioning units mounted on the pharmacy’s roof, opponents say. The lawsuit claims the project is too large to conform with dimensional requirements in the town’s zoning bylaw, and would need to shrink to meet minimum setback and minimum parking requirements.
During a hearing Jan. 7, Judge Judith Cutler denied the plaintiffs’ motion to exclude the expert testimony of David Pellegri, a professional engineer retained by the defendants to interpret the town’s zoning bylaw on traffic and noise issues.
Hill, attorney for the neighbors, said he sought to have the testimony thrown out in part because the defendants didn’t disclose it in a timely manner in accordance with court rules.
Winchester Town Manager Richard Howard said the two sides remain far apart.
"It seems the main parties – the abutters and the proponents – don’t see a compromise opportunity of altering the store design or footprint," Howard said. "It’s all or nothing."
The trial is tentatively scheduled to start May 4.
