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Developers Present Revised Finnerty's Site Plan; Residents React

The old Finnerty's site at 150 Main Street has drawn plenty of dissenters and supporters. Tuesday night provided another opportunity for voices to be heard.

 

It's been three months since the Finnerty's site developers were last in front of residents during a public hearing. On Tuesday, a packed Wayland Senior Center heard that much work has been done in those 90 days, and the crowd of about 70 people had the chance to air both their concerns and their support.

Matthew Levy, who purchased the Finnerty's site in early 2011 in partnership with fellow Wayland resident Jesse Adelman, explained that they have spent the past three months rethinking the design for the corner.

"We’ve been working with our tenant to modify plans in response to feedback we have heard from the Design Review Board, Planning Board and the public,” Levy said.

The plan proposed at the first public hearing on Sept. 4 included two buildings, one a CVS with a pharmacy drive-through and the other a two-story building with a restaurant on the first floor and office space above.

Levy explained that the past few months of discussions have led to a modified plan in which the primary changes include:

- A "trade-off" that involves doing away with the CVS drive-through and increasing the size of the building to 11,900 square feet from the 10,880 square feet originally proposed.

- Moving the Main Street curb cut further from abutting residences and less in line with the fire station across the street, and making that entrance and exit a right in, right out option only.

- Decreasing the scale of the proposed buildings, particularly in terms of height.

- Saving the iconic birch tree at the corner of West Plain and Main streets.

Town Planner Sarkis Sarkisian explained to the crowd, several of which showed up with "Keep Cochituate Walking" and "Don't Mall Cochituate" signs, that the town had requested an independent vehicle and pedestrian traffic study, the results of which he expects to arrive later this week. He also pointed out to audience members that some of their concerns about the site were outside the control of the Planning Board.

"CVS is a permitted use in this business district," Sarkisian said. "I know there's some frustration over not wanting another CVS in town, but it's a permitted use."

In spite of the changes the developers presented, several residents rose to express their discontent, citing primarily traffic and safety concerns along with a desire to maintain the "village feel" of Cochituate.

Representatives from the Cochituate Village Neighbors Association presented the Planning Board with just under 500 signatures on a petition that asked board members to deny the Main Street curb cut, conduct an independent traffic study, and seek input from residents of the neighborhood.

"Nobody I talked to is opposed to the development of the property outright," said Paul Dale, adding that he went door to door seeking petition signatures and talking with residents. "However, large scale box national chain stores is completely inappropriate to this site. I don't care what kind of plan you come up with."

Even as several people stood up to voice their opposition, they also stated their satisfaction that the public conversation was taking place, allowing their opinions to be heard.

Sarkisian has been posting the many letters he's received related to this project on the Town of Wayland website. He said he would add the most recent letters later this week as well as an updated site proposal plan.

Comments on both sides of the issue drew applause and murmuring from the crowd Tuesday night, evidencing that both the pro and con factions showed up for the hearing. Additionally, no matter their feeling about the specific plans, speakers seemed to agree that something needed to be done with the "eyesore" of the old Finnerty's building.

"The current property is highly underutilized and is nearing an eyesore for the community," said Tony Boschetto. "A pillar of fiscal responsibility is viable economic development. I, as a resident, am excited to see such a viable asset as part of our community."

The next public discussion regarding the development is scheduled to take place Dec. 17. The Planning Board, Department of Public Works, Wayland's fire and police chiefs and the developers will be invited to that meeting to discuss the results of the traffic study.

Related Topics: Finnerty's Site and Wayland Planning Board

Anna Roi

8:22 am on Thursday, December 6, 2012

People need to come to the realization that change can be good. Let's properly utilize this space and have more dining/shopping options conveniently located in Wayland.

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WaylandRes

11:05 am on Thursday, December 6, 2012

I agree. Wayland needs this to bring up the property value and relieve some of the property tax that keeps going up. When I drive by Finnerty's, it feels like I just drove by a low class abandoned area. It's disappointing. People don't like change but if they have a better idea, then let's hear it. So far, there are no bright ideas coming from the opposers. Is there any other company that is interested in the abandoned property that has been an eyesore for years. We are lucky that CVS is still interested!

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Allison

12:47 pm on Thursday, December 6, 2012

I totally agree, too! More businesses in town can only do good things for our property values and enticing new families to move to Wayland.

wayland

9:08 am on Thursday, December 6, 2012

I've spoken with many residents who live in Cochituate, and I've listened to their concerns. What I have heard is that the residents there WANT the site to be developed. Once the property changed hands, landscaping was abandoned. Drive by now - there are still branches down from Hurricane Sandy, leaves haven't been picked up, the fence has been down for over a year, there are abandoned paint cans in the parking lot - it is a mess. To develop the site as proposed, the town needs to grant several special permits - requires more parking than what is presented (too much building for the amount of space), want to put parking spaces (looks to be about 20-25 spaces) on residentially zoned land, etc, etc etc. Houses are being knocked down and the space where they currently stand will be made into a parking lot.

Why is hard for some to understand that most of the residents just want the site to be developed in a way that is keeping with the area? If the property is developed in a way that special permits and variances aren't needed, it would fit into the area. Most of the people I have heard, just want the site to be developed in a way that it doesn't need so many special permits - that is what is allowed "under Wayland's laws". Why shouldn't those residents request or demand that?

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S. Mel Arat

3:00 pm on Thursday, December 6, 2012

@wayland

Yes, when you buy something you assume the responsibility.

The Town should be involved, and cite the owners of the property, much the same way they cited the owners of the former Barton Nursing Home on Route 30 for not properly maintaining it.

Also, the abutters of the property should consider hiring an attorney to sue the owners of the Finnerty's property for not maintaining it sufficiently (including the vacated home) such that now it's a very real safety issue/threat to the neighborhood, on top of being an eyesore.

The owners have an obligation to the town ahead of their future needs and wants, exactly the same as the property owner on Rt 30 who was cited by the town.

Why should the owners of the Finnerty's property be given special consideration and exemption from the laws?

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Bill

3:28 pm on Thursday, December 6, 2012

The Whole Foods in Wayland is the highest grossing location in the entire company. Other than that - good example....

Bill

10:33 am on Thursday, December 6, 2012

I think you may have hit on one of the big issues here – they do not need several variances or special permits (no matter what people say). The ONLY thing they are seeking from the Planning Board is parking. Parking is something that is often granted and will likely be granted here as well. I don’t think anyone said it better than the Town Planer when he stated “this is a permitted use”. It is clear, to me anyway, the opponent’s real issue here is not the development – it’s the tenant (CVS). The Town does not get to dictate who the tenants are provided it is a permitted use. We are a Town governed by laws and we don’t get to dictate to privet business who they lease space to – again, provided it is a permitted use.

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Bill

10:34 am on Thursday, December 6, 2012

The only other real issue is the curb cut – and that is the DPW not Planning. Signage is ZBA not Panning and we will tackle that when it comes. The fact they bought a house for $360K and they want CVS because it makes them money – immaterial and not our business.
If one looks at this strictly from strict zoning prospective, CVS is a 100% certainty. The question for the Town is - do you want to work with the developers to make this the best development we can given CVS will be a part of that development? Do you want to “trade” the curb cut for the elimination of the drive through and the addition of the “back building” with the uses the Town desires? There are a lot of people in this town who say YES…
Alternatively, we can say no to everything and roll the dice that makes CVS go away. Do the math – does anyone really think if they could not get a curb cut on 27 they are going to just go away. No, the Town will simply end up with a horrific development whereby the Town gets nothing out of it other than a CVS contorted to meet zoning. Does the plan still need work – absolutely! But we are headed in the right direction.

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Eric

12:06 pm on Sunday, December 9, 2012

Why exactly is "CVS a ... 100% certainty"? It sounds like the town absolutely has the ability to say no to a CVS, even if it is dicey, as you say.

There is another big chain pharmacy 1/4 mile away. There is even another CVS less than 3 miles away (if residents feel strong brand preference for some reason). So why on earth should Wayland lay down and let yet another corporation steamroll the town with their needless blights - especially when the town is so resoundingly against it?

I've yet to hear one sound reason as to why a CVS specifically is positive for this town.

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Bill

1:54 pm on Sunday, December 9, 2012

So your question regarding why the Town can’t just say no to CVS if they feel it’s just not something they feel is appropriate. It is not lawful for a Town to just say we don’t like your tenant therefore we are not going to approve it, provided it’s a permitted use and it meets zoning. With all this debate, nothing will ever change the fact “drug store” is a permitted use in this district and we don’t get to say “drug store – provided we like it”. I know some people find this counterintuitive but the proponents are just saying they are willing to horse trade for some zoning relief – what’s on the table is “Back Building” (which most people want), no drive through, and a bunch of other small concessions for a curb-cut and parking relief. You sound reasonable – what do you suggest the Town does.
I like your other comment about this project with respect to a differant question as well :)

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Eric

2:24 pm on Tuesday, December 11, 2012

Retreading my previous comment, it sounds more aggro than I intended. And truth be told, I'm getting my news on this issue primarily through skimming these articles and comments. It is definitely a complex issue, but I understand the issue around permitted use.

To answer your question, I guess what I would hope for is some kind of legal, town-driven ability to do exactly what you say we really can't: veto businesses that we as a town majority / supermajority (I'm just stealing congressional ideas here) don't want "mall"-ing our town. Total pipe dream stuff knowing nothing about local civic abilities and limitations, but I'm very frustrated by generic stores like CVS swooping in when it's clear very few folks if any want them there. Maybe it'll help our taxes, maybe it's the best bet in a down economy for filling the space. But it's painful to see unfold.

I do keep kicking around the idea of taking charge and opening a dispensery in town, but that's not a reality for me, so I'm hoping someone else does it. I feel strongly that it would be a boon.

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Bill

4:42 pm on Tuesday, December 11, 2012

@Eric – right on… You nailed it. I don’t like CVS either. It’s too late now with this project but if you don’t like chain drug stores then the effort opposing this should be put into changing our by-laws. That is how you prevent it in the future. The rules are – this development would be grandfathered under todays by- law. I’m not sure I would be on board with it, but I know 500 people that would. I’m with you on dispensaries – but I am thinking Summerville. We should conect….

Anyone?

2:20 pm on Thursday, December 6, 2012

A speaker at the PB meeting brought up the idea of a community center for the Finnerty's location.

If the developers' are denied the permits and variances -- which they should (after all, they knew the all the laws and restrictions on the property going into it) I hope the people in Wayland seize the opportunity to bring that to fruition.

The argument Wayland needs all this commercial development is a red-herring. Take a look around at all the businesses that have gone belly-up in surrounding towns and wake-up... Firefly's and Big Papi Restaurants in Framingham, Heather's Flowers in Cochituate, and soon to be Whole Foods in downtown Wayland.

How much tax revenue are these businesses bringing in now?

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Jeff Baron

3:44 pm on Thursday, December 6, 2012

This comment is so riddled with inaccuracies and assumptions, it is laughable.

Wayland Resident

7:09 am on Friday, December 7, 2012

The curbcut requires a variance which should only be granted if the topography or nature of the site makes it different from other sites subject to the same restrictions. This case does not meet that standard. If granted the curbcut will not survive appeal. If the project can be accomplished without special relief more power to the developers, if not the applicable standards should be applied. Simple and fair.

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Wayland Resident

8:55 am on Friday, December 7, 2012

The proposed building will be BIGGER? 11,000 square feet is too small? Once again we can see that CVS is calling the shots and these "good guys" have no control over the project. No curbcut and no special permit for parking. Local businesses or a community center is what should be developed.

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Bill

12:43 pm on Friday, December 7, 2012

First – That will be an interesting appeal on the curb cut as it does NOT require a variance or special permit. It is in the business district now therefore a simple application to the DPW with no variance or special permit needed.
Second – I am hearing this idea of a “community center” often. Here is the reality of that proposal. You will need an article at this Aprils Town Meeting that will accomplish four main things (all of which will need passing) (i) take the property by eminent domain without knowing how much you will be on the hook for (ii) depending on the size of our new community center you will need to request several million dollars to design and build it (iii) you will need a 2/3 vote to change the zoning to Municipal and finally (iv) you would need to explain all of this in light of the municipal pad site the Town already has at Town Center that is designated for this use – not to mention why we are utilizing our valuable business district land for municipal uses. Good luck….
How do you put it again – False Dilemma???

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Wayland Resident

3:51 am on Saturday, December 8, 2012

Bill, you are usually right on and perhaps I missed a change in the application, but the form C I read on the Town website seeks a variance for a curbcut in a residential zone for access to a commercial zone. Is that relief no longer needed/sought? I

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Bill

7:29 am on Saturday, December 8, 2012

Now that the curb cut is outside of the business district there is no “special permit” required or requested. This is now a garden variety permit application to the Department of Public Works. They are seeking no relief from zoning and the application has (or will) be amended or resubmitted to reflect this as you correctly point out the original application does request it – no longer. The ONLY zoning relief requested will be parking as I understand it. My understanding is the signage can only come from ZBA but I can check on that. My feeling is; Signage should be looked at carefully – unlike Rout 20, this site is very close to residential homes and although I support this project I do not want to see this resemble Kramer on “Seinfeld” with the glowing Kenney Rodgers sign – that will not be fair to the house directly across the street and I will support them on that issue. For “Wayland” below – the deal is not signage for the curb cut. The deal is curb cut for “back building”, no drive through and several smaller items. For everyone outside of the “just say no to CVS” camp - this “deal” is getting universal support. Personally, the drive through being a prominent feature of the development right on 27 from a visual prospective was very objectionable – I am pleased it is gone and people should recognize that is a huge win for the Town.

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Bill

7:32 am on Saturday, December 8, 2012

Woops - inside the "business disrict" in first sentence.

wayland

5:11 am on Saturday, December 8, 2012

@Bill - The project will not go before the ZBA. Only the Planning Board grants special permits. The Planning Board can grant special permits contingent on other aspects of the plan. For example, can grant some parking relief if they downsize the size of the building. Can grant some signage relief if they get rid of the curbcut. It is all in the negotiations. It sounds to me that most people are against the curbcut on Main Street. Whether the Planning Board hears that or not, we'll see...

@WaylandResident - the revised plan moved the Main Street driveway closer to the intersection, on commercial zoned land. Doesn't need a special permit from Planning Board, but does need from Highway.

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Wayland Resident

7:28 am on Saturday, December 8, 2012

@Wayland, so the Main Street curbcut does NOT need a variance as indicated in the Form C?

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wayland

8:03 am on Saturday, December 8, 2012

@Wayland Resident - that is correct. The original plan called for placing a commercial driveway on residentially zoned land. This needed a special permit. To avoid this, the modified plan has moved the commercial driveway further south to the intersection, across from the entrance to the Fire Station. Since this is commercially zoned, it does not need a variance or special permit from the Planning Board. It does, however, need 2 special permits from the Highway Department - (1) physical alteration for curb cut and (2) Street Openning.

The exisiting Form C on the Town's website refers to the original plan submitted, and many parts are out of date. It also calls for a variance for the house that will move to a non-conforming lot. The lot was made to conform, so that variance is no longer needed. There are other changes as well.

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John

8:35 am on Sunday, December 9, 2012

I still can't get passed this crazy idea of a curb cut directly opposite the fire station.
A life long resident pointed out at the meeting that Finnerty's used to have it entrance there and they had to hire a cop every Friday and Saturday night to deal with the traffic. He also pointed out that when Finnerty's expanded, they moved the driveway to the back. I think we know why.

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Bill

10:53 am on Sunday, December 9, 2012

The reason they needed to hire a cop was because it was a 300 seat restaurant that did 2/3 its weekly business between 6:00 and 10:00 on Friday and Saturday night. I would also assume (tough in cheek anyway) in the last 10 years of its existence the average age was about 65 and their most popular drink was a Whiskey Old-Fashion – When I am 65 and leaving the coach grill after A glass of wine I hope the police chief post a cop their too. I also think you will find the reason they took out the curb cut was it may have been the only way to expand the restaurant and retain the kitchen. To say it was because it curtailed a dangerous situation is a fact not found in evidence. I admit I am speculating as well, but I’m not sure I buy that one….

John

4:35 pm on Sunday, December 9, 2012

Good point about the Finnerty's clientele, Bill.
I guess neither one of us knows if that had anything to do with why they relocated the entrance.
However, even still, common sense suggests that you don't put a curb cut directly opposite a fire station and so close to what is already a busy intersection. As it is, it's not uncommon for traffic to be backed up at that light.

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Wayland Resident

7:55 am on Monday, December 10, 2012

Bill, assuming Wayland is correct, there are still special permits in play. As such, this is not a done deal. John is correct, the curbcut across from the fire station is ludicrous. That special permit, if granted, can be appealed. My comment regarding the variance was based upon the Form C on record with the building Dept., which refers to a variance for the curbcut. Either way it is not prudent.

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Bill

8:39 am on Monday, December 10, 2012

This is getting sort of repetitive – have I ever said the curb-cut is a “done deal”? No. I agree with @wayland on everything except the one word – “special”. It’s just a permit. CVS is a done deal – not the curb-cut. I would never predict the outcome of the issuance of a permit that is not “by right”. If the curb-cut is denied, the proponents will simply live with the curb-cuts on West Plain, eliminate the “back building” freeing up all that space for parking thereby no zoning relief necessary and make the entire project “by right”. When everyone in town is pissed off because no one got what they want the developers will simply say we tried our best – and they would be correct. Then the Town gets a Rout 9 style CVS pad sight – probably with a drive through as an ancillary use. I know you think the curb cut will make CVS go away, but most people (including me) think you are dead wrong. The proponents do not want to declare war with the Town so they are not giving us an ultimatum like that – they assume the Town is sophisticated enough to figure that out without drawing them a map – and I know the planning board is that sophisticated so I am guardedly optimistic it will not go down that road.

Wayland Resident

10:04 am on Monday, December 10, 2012

We will see. Still think you are "dead wrong" on the curb cut. As I said, if it can be done with no relief, so be it. Then it can be setback and screened. Not sure why you are so attached to the back building, which will replicate the Dunkin' Donuts strip across 27 (ice cream, restaurant and bakery). What is the appeal?

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Bill

10:35 am on Monday, December 10, 2012

Now that is a defensible position. If given the choice between a CVS pad site and the “Back Building” with a curb cut – you would select “pad site” because it could be set back and screened. It will be identical to the one on Rt 20. So I’m not sure what screening your thinking of. Never the less – that is a position that is based on the reality of the situation and I cannot argue with that. My question is – if the folks who lived next to it had the same choice (based on the reality of the situation) would they choose the same thing? My feeling is most of the residents who say “just say no” have not come to the realization that you have and if given the choice in the two realities they would agree to the back building because that would increase their property values over a CVS pad site. It then becomes a real walk-able amenity. They are not there yet – but they will be when they look at it dispassionately like we do.

Wayland Resident

12:42 pm on Monday, December 10, 2012

Disagree that it will be identical to Route 20 or that it happens without the curb cut. I think this site is larger and deeper, so the building could be pushed back also signage will be lesser. The Route 20 store is close to the road and has high FAR. Glad to hear that I finally have a "defensible" position...No offensible taken.

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Bill

1:57 pm on Monday, December 10, 2012

So you think the Planning Board can dictate where the building goes on a conforming lot with no zoning relief sought? CVS is going to want to be as close to the road as possible therefore the proponents will site it as close to the set back as they can in strict accordance with zoning. In your scenario, we have lost the ability to negotiate because we are unwilling to give anything in return so they will shove the zoning up the Towns tail pipe (and we will all have to take it). Negotiation is a two way street and when one side will not give anything the Zoning by Laws come out and everyone goes to their respective corners and the gloves come off. That line of thinking is very similar to Congress right now – Lets take the Town over the CVS cliff and see what happens. I’m just glad we have a Planning Board to save us from that scenario.

Wayland Resident

4:32 pm on Monday, December 10, 2012

No curb cut no CVS. No signage no CVS. There is still a negotiation.

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Jeff Baron

4:49 pm on Monday, December 10, 2012

Why waste time listening to this "supposed" resident's unsupported commentary anymore? Doesn't get it and never will.

It is either CVS alone (as stated by the Planning Board, though not preferred by anyone I know) or CVS and more (as hoped for by the vast majority of the town). Let's hope reason prevails and we get a well thought-out, reasoned approach to the latter that serves the neighbors' concerns as well as possible while still allowing the developers to accomplish what they're trying to do. All the rest of this debate is superfluous given that CVS is a permitted use and this has been confirmed by the town.

No CVS!

12:22 pm on Tuesday, December 11, 2012

Mr. Baron, you claim to speak for everyone in the town; how about the 500+ Wayland residents (and counting) who signed the petition against the project, and the majority against a CVS in Cochituate Village?

Good luck with your Tower of Babel!

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Jeff Baron

10:55 pm on Tuesday, December 11, 2012

I do not and have never said so. I said "the majority of the town", not everybody. 11,000+ residents did NOT sign the petition. 500 or so (which I'll take as fact since I have not seen it) did. That constitutes a minority.

Read again, carefully, and you'll find a measured comment that advocates for a reasoned approach that serves this minority in the best way possible while still moving forward with an entirely permitted use in the form of CVS (and hopefully the other stuff too!).

It is fantastically exaggerated comments such as this one that demonstrate a purely emotional response to a situation where law prevails over emotion.

John

1:17 pm on Tuesday, December 11, 2012

Bill, the way you put it above makes it sound like the developers "trying their best" ends with CVS, implying that if we don't accept their plan as is that they will punish us with just a CVS on the lot and nothing more. I don't think these 2 local guys would do that. Do you?
Trying their best might mean recognizing the massive opposition to this and possibly downsizing the project to be more in keeping with the look and feel of Cochituate.
Everyone wants to see the property developed and used appropriately and bringing in tax revenue. But this can be accomplished without a national chain being involved.

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Bill

4:18 pm on Tuesday, December 11, 2012

I don’t think they are out to punish anyone – especially the Town. But you ask, if they don’t get what they are proposing in a “material” way would they stick a CVS pad their – in a NY minute because it is their only option given that CVS is so valuable. The money is in CVS – it is worth twice what a handful of “local” shops would be worth – they are not equal. You are asking them; To appease the residence that live near the site would you walk away from hundreds of thousands of dollars that by right (zoning) you are entitled to. That is their children’s college education – This is what they do for a living. It’s simple – you work with them and they work with you – You want CVS out, the conversation is over. They have it by right and they will not give it up. I can’t stand CVS either – but I understand business, real estate, our zoning by laws and my kids college education.

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wayland

5:34 pm on Tuesday, December 11, 2012

@Bill - you hit the nail on the head. These are developers who are trying to maximize their investment. No shame in that. However, we should all stop talking about them being great Wayland guys just trying to do right for the town. They are not. I'm sure they are nice guys who are actively involved in various town activities. However, in this "developer" capacity, their goal for the site is personal and designed to benefit them, not to benefit the town.

So yes, be clear on their goal - to maximize their personal return.

Corrupt Wayland?

4:24 pm on Tuesday, December 11, 2012

@John. I for one (not "everyone") am opposed to bringing in additional tax revenue. Until the local Wayland government can prove they're capable of managing the tax revenues entrusted to them presently, why should we give more?

Have you been paying attention to the revolt going on in the town of Wayland over taxes the past couple of years? In 2011 & 2012, Fall Special Town Meetings were initiated by citizen petition to both reduce tax rates and take control from town officials due to corrupt financial practices. So corrupt the town's finance committee who're supposed to be representative of all citizens of Wayland didn't know what was going on behind their backs.

The citizens of Wayland were nearly unanimous in their votes. So much so the Chairman of the Board of Selectman decided not to run for another term and the Town's Finance Director resigned immediately after the 2012 special town meeting.

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John

4:43 pm on Tuesday, December 11, 2012

Bill, "CVS is so valuable"? "The money is in CVS"?

Which is worth more?

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Bill

5:48 pm on Tuesday, December 11, 2012

John,
I am not sure what you mean? They are both the same? CVS = Highest Value = most money....

John

8:43 pm on Tuesday, December 11, 2012

I mean which is worth more - money or Cochituate?

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