Derby’s decision to green light the redevelopment of Red Raider Plaza to make room for a Walgreen’s should be overturned, according to the company that owns a shopping plaza across the street.
In an appeal filed in Superior Court in Milford, the owners of 49 Pershing Drive, LLC (the ShopRite plaza) argue the project approved by the Derby Planning and Zoning Commission will make a bad traffic situation on Pershing Drive even worse.
In March, the Derby P&Z approved a plan that will see Red Raider Plaza at 60 Pershing Drive redeveloped. The plans call for a Walgreens with a drive thru and space for about 10 other storefronts. Red Raider Plaza is owned by Walgreen Eastern Co.
Rocco Cingari is the president of 49 Pershing Drive, LLC. He spoke several times at P&Z meetings urging the commissioners to force Walgreens to make changes to the plan, including its internal traffic flow and the way Walgreens planned to set up access to the site from Pershing Drive.
He had worried the new Walgreens and redeveloped plaza would cause major back-ups on Pershing Drive.
In the court appeal, Eugene Micci, representing Cingari’s 49 Pershing Drive, LLC, argues the plan approved by Derby will put pedestrians and motorists who use Pershing Drive in danger.
A hearing on the appeal is scheduled for Oct. 17 in front of Judge John W. Moran in Superior Court in Milford.
However, the two shopping centers may settle their dispute out-of-court prior to the hearing.
According to the state Department of Transportation, Walgreens — on its own, not at the behest of Derby or the state — submitted a new traffic plan to the state traffic commission earlier this year. The new traffic plan appears to address the concerns raised by Cingari.
The new plan was approved by the state June 19.
Since Walgreens made changes to the plan approved by Derby, they’ll have to come back to the city’s P&Z for a site plan modification.
A message seeking comment was left with Micci Wednesday. Stephen Klaffky, the lawyer representing Walgreens, said Wednesday he could not comment.
