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Traffic Engineer Says Finnerty's Development 'Reasonable'; Police Chief, Public Have Curbcut Doubts

More than 50 people filled the large Hearing Room at Wayland Town Building for a public hearing about a peer review traffic study of the Finnerty's redevelopment plans.

 

A recently completed traffic study related to the redevelopment of the Finnerty's site at 150 Main Street revealed that the project can be "safely and efficiently accommodated" provided some suggested improvements are completed, according to an independent traffic engineer.

Current plans for the development include two buildings, a CVS and a second building housing a restaurant with patio seating and office space. Entrances and exits to the development are planned on West Plain Street and Main Street.

Kevin Dandrade with TEC Inc., completed the peer review traffic study for the town of Wayland and reported his findings during a joint meeting of the Planning Board and Board of Public Works Monday night. (Read a PDF of his report.)

In particular, Dandrade said, he would not support a left-hand turn option on Main Street, but the current plan calls for a right-in, right-out option only, which Dandrade said he believes will be an effective and safe option for that corner. He said that a raised triangular island in the Main Street curbcut will direct traffic into a right-turn exit and help prevent left-turn entrances to the property.

Dandrade acknowledged that he has multiple concerns about the intersection of West Plain and Main streets, stemming from its outdated equipment and the poor alignment through the intersection from West Plain to East Plain. Still, he said corrections could be implemented with the existing equipment, and the town could later tackle a larger overhaul of the intersection.

He also recommended adding new curbing in front of the parking area of the Wayland Fire Station on Main Street, a change that Fire Chief Vinnie Smith said would require apparatus drivers to maneuver the vehicles differently, but shouldn't pose a problem.

While Dandrade said he doesn't anticipate the development to be an efficient cut-through for impatient drivers trying to avoid the traffic light, several residents spoke up to express concerns about cut-through traffic through area neighborhoods.

Because cars cannot leave the development and head directly north on Main Street, a few residents said they expect cut-through traffic to use King Street and Mitchell Street to head north.

But by far the largest concern expressed Monday night was related to pedestrian safety. Police Chief Bob Irving said he was specifically concerned about the curbcut on Main Street.

"By putting in that curbcut, we put in a spot for another conflict between pedestrians and vehicles," Irving said. "When we get to the point when we’re putting in a curbcut on a street like that, it needs a lot of thought. It’s going to have to be something that the people, especially in those neighborhoods, are going to have to live with and be comfortable with.”

But resident Doug Alongi spoke up to ask why so much concern was being directed toward this particular corner when there were several other curbcuts, noted to be dangerous by other speakers, at different points of that same intersection, including those at the Dunkin' Donuts commercial space and Liberty Pizza strip.

"I think if we’re all so concerned about the safety here, I think we should have some concerns for these other corners as well,” Alongi said.

Dermot Kelly, a traffic engineer working with developers Jesse Adelman and Matt Levy, has drafted responses to the report comments Dandrade issued. The responses include creating ADA-compliant ramps at several crossing points, moving the dumpsters to create better site lines and several other actions. (The report of the response is available as a PDF.)

"Rather than argue … I just tried to do as much as I can that he’s suggested,” Kelly said Monday night. "I basically did everything he asked for. There’s a few more things to do, but we’re really down to mitigation and what’s appropriate for that project."

No vote or action on the project was taken Monday night. The hearing was continued to Jan. 8.

Related Topics: Finnerty's Site

Sharon Burke

8:40 am on Wednesday, December 19, 2012

Just curious, who paid for the traffic study? The town? The developers? Just wondering.

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Brooklyn Lowery

8:46 am on Wednesday, December 19, 2012

Hi Sharon, Great question. I asked the town planner, and he explained that the developers pay for it through the town. The developers paid the town about $2,550, according to Sarkisian. The town then seeks out and hires the engineer to conduct the study.

Pale Face

9:13 am on Wednesday, December 19, 2012

Biased reporting Ms. Brooklyn. Are you in the back pockets of the developers too? Friends perhaps?? No mention of the multiple people who spoke against the curbcut but you quote the one stooge -- a friend of the developers -- who spoke in favor of the project.

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Jeff Baron

9:47 am on Wednesday, December 19, 2012

Not only is the user name of this anonymous person offensive, but its comments are equally as offensive. I guess some opponents of the project feel it is OK to denigrate anyone and everyone who doesn't agree with them? So sad...

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Bill

2:25 pm on Wednesday, December 19, 2012

The take away from the meeting was not folks getting up railing on the project because they don’t like the tenant (again) - That is old news at this point. The take away was the Towns own Traffic Engineer advising its client (the Town) that the curb cut makes the development safer because it reduces traffic conflicts (left turns) on West Plain Street. Everyone wanted an independent traffic consultant to take a hard look at this and when the recommendation supports the curb-cut on Main you take it out on Brook? Do you have any idea how idiotic that makes you sound?
Love the reporting Brook – keep it coming….
And for the comment below – changing our “Way of Life”. Really… after last Friday you’re going to talk about our “Way of Life” in the context of a CVS on the corner of Main & Main – get some prospective. “Way of Life” – give us all a break…..

Can't Tolerate The Project

9:20 am on Wednesday, December 19, 2012

Residential property values around CVS will decline due to increased traffic and pollution (noise, light) and decreased safety. This will also have a negative impact on taxes collected from properties in the immediate area. Eventually streets will need to be widened and and improvements to the intersection and traffic signal upgrades will need to take place; who is going to pay for that?

The drastic changes to our "way of life" and the impact and access to recreational venues such as Cochituate Field, Hanna-William Playground, Wayland Town Beach, Middle School will make the village a less desirable place to live. Has an economic-impact study been conducted?

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Jeff Baron

9:54 am on Wednesday, December 19, 2012

This is a statement full of doubtful assertions. It is a commercially-zoned area, so the impact of commercial development on a site already used as such will likely only have a positive effect on taxation. By improving the site and increasing its value, the developers/owners and its tenants will pay more in taxes than the site currently generates.

The red herring that this project is the driver for street/intersection improvement is simply that. That intersection (and the one at 27/30) is a mess and will need improvement regardless. This may speed up that process, but it is not the driver.

As for drastic changes, that is simply in the eye of the beholder. It is doubtful that area residents will stop using any of the aforementioned recreational venues as a result of this development. Hanna-Williams playground, for example, is just as busy as ever despite the new bank taking over a previously defunct commerical used car dealer and adding a double drive through.

Jonathan

9:50 am on Wednesday, December 19, 2012

Biased reporting? Are you serious? The entire article is pro/con. Even the pro-resident speaks from a point of view that the curb cutout might be unsafe. Biased reporting this is not; agenda-driven reading is more like it.

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Donna Stetson Testa

9:54 am on Wednesday, December 19, 2012

I am so tired of the negativity! I think this project will bring a village feel to the neighborhood and encourage people to walk around and meet each other. I have to deal with the traffic every day but like the idea that I will not have to drive through Wayland Center traffic which is really crazy to get to CVS and a shop or 2.

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Cochituate *VILLAGE*

4:00 pm on Wednesday, December 19, 2012

@DST We ALREADY have a "village feel"... Cochituate VILLAGE -- Yes?

This development will not encourage people to "walk around and meet each other". MORE traffic discourages people from walking.

How many people do you see walking along the Mass. Pike to get to the McDonalds in Wayland.... ?

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Jeff Baron

4:14 pm on Wednesday, December 19, 2012

Equating this area to the Mass Pike is just more outsized hyperbole.

Ms. Testa appropriately notes that by converting an abandoned building into a development that includes a restaurant and other similarly attractive local establishments -- it is likely to bring people together as a meeting place. As for the current "village feel," that is a matter of opinion and not one of fact.

wayland

3:00 pm on Wednesday, December 19, 2012

It is interesting that of the 15 or so public comments at this meeting, all speakers, except one, were opposed to the curb cut. Not one of those "opposed" speakers were quoted in this article. The only public comment that was quoted in this article was from someone who spoke in favor.

The traffic consultant hired by the town only reviewed the data that was collected back in May. Someone spoke that this data was not complete - amount of days traffic counts were collected etc. There was a petition circulating that asked for the town to complete it's own traffic counts/study. I also hear that a pedestrian study was not completed.

Please do not drag the horror of CT into this discussion. We are all affected by it and nobody here would ever compare these two issues.

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wayland

3:06 pm on Wednesday, December 19, 2012

And neither traffic consultant analysed traffic patterns/safety with no Main Street curbcut for comparison purposes.

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Gail Shapiro

4:31 pm on Wednesday, December 19, 2012

Wayland residents who are concerned about safety and traffic, and who are outraged that a national chain is attempting to dictate the future of our Village are encouraged to join in calling for a complete and COMPREHENSIVE traffic study (not just the project corner but the abutting neighborhood), in asking the Town to deny the curb cut proximate to Fire Station Two, and asking that the Town continue to listen to and seriously consider residents' concerns. Express your concerns by signing the petition at: http://cochituatevillage.org/. Thank you for your support! Gail Shapiro, 35-year resident of Cochituate, for the Cochituate VIllage Neighbors Association

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Sharon Burke

10:12 pm on Wednesday, December 19, 2012

Hi Gail. I've read the 50 page traffic study pertaining to the corner, and I have to say, I was stunned by how little "foot traffic" there actually was (see p. 15). Please correct me if I'm wrong, but there were 72 pedestrians and bicyclists. I live on a Circle and I think we have more people jogging and walking their dogs! This traffic study was done and paid for the corner because that's where the development is going. Who would pay for the study for the abutting neighborhood? Why are you outraged that a "national chain" is coming to a commercially zoned property in a neighborhood that already has a gas station that is an eyesore, Liberty Pizza and convenience store, which in my opinion, is also very unattractive and another strip mall type area with the Dunkin Donuts? I'm not sure if you are aware of this, but less than 2% of Wayland is zoned for commercial property. Personally and as a Wayland taxpayer, I would like our town to maximize whatever commercial tax base we are able to so we can get some relief on the residential tax side. I know I don't live around the proposed development, but I assume when you purchased your home over 35 yrsvago, you were aware you were buying in a "village" and that would includes businesses. I am very sorry this is not the store you "want" or feel our community "needs", but it's a CVS for goodness sake - not a strip club! You do not have the right to decide which types of businesses are appropriate for that space.

George Walters

4:35 pm on Wednesday, December 19, 2012

I am stunned by the mass and scale of the site-plan, appears to be 10X the size of the Starbucks plaza at Rt 27 & 30 -- and 4X the size of Donelans.

Does not belong in this neighborhood!

The developers should be ashamed of themselves -- they must be bound by GREED.

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Jeff Baron

4:41 pm on Wednesday, December 19, 2012

It is completely fine to say you don't support the project, that you don't like it, etc. However, extreme exaggeration (e.g. - 10x the size of the Starbucks plaza, 4x the size of Donelans) only serves to nullify your message. Denigrating the development team on a personal level hardly elevates the conversation either.

Bill

5:31 pm on Wednesday, December 19, 2012

A traffic study is done in compliance with industry standards. The math behind it is a science - not an art. The interpretation of the numbers is more of an art. Why in the world would the Town spend money repeating the exact same exercise that was done already? This was a peer review (very standard stuff) conducted to make sure everything was done in compliance with industry standards and to provide a recommendation to the Town. If it was not done in compliance – don’t you think the peer reviewer would have noted it. I remember something about doing one of the counts over again and it was within 1%. This is more a case of not likening the answer than the methodology.
As far as not getting your share of the ink. How about people are starting to tune you guys out – that is a more plausible explanation after this traffic study peer review came out – they are not buying what you are selling.

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wayland

6:07 pm on Wednesday, December 19, 2012

Is 3 days (2 week days and 1 weekend) sufficient? As I heard someone talk, the traffic counters were only down in 2 locations. I would assume that if you wanted to analyse the intersection, you should also count traffic on the other two roads feeding into the intersection (E.Plain and Main Street toward the Rt 30/27 intersection). Mitchell Street was just made a one-way during certain hours in the morning. Wouldn't it make more sense to understand what traffic is cutting through Mitchell Street, as it is expected to get much worse. The traffic counts collected in May didn't collect this information.

While I understand the traffic concerns, I think it is appalling that a pedestrian study was not conducted. This is what I heard from public comments, how a curbcut across a sidewalk would impact safety of pedestirans - mainly kids. Neither traffic consultant did any analysis or data collecting on the impact on pedestrians, of which there are many.

The one gentleman who spoke in favor referenced the area in front of the Honey Farms area as being dangerous and that the town should focus on that instead. I agree this is dangerous. But why take Main Street in front of the redevelopment and make that dangerous as well? Currently it is "safe" for pedestrians to traverse, why do we want to add another point of traffic for people to cross?

Collect pedestrian data, vehicular data from all sides of the intersection, then do an analysis.

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Bill

7:58 pm on Wednesday, December 19, 2012

The traffic study is done. It has been done in accordance with industry standards. A so called pedestrian study is something that is more appropriate for large scale developments in cities, regional malls and air ports. With this scale development it is up to us to figure out what is appropriate. The issue is, most believe this is simply a ploy to delay the project so CVS will walk away in frustration. After the peer review I believe the issue is settled and DPW will render its decision. If you truly have suggestions on how to make the cross walk safer – I think the planning board is all ears. The “Just Say No” folks have lost credibility that they have a genuine interest in public safety with respect to this project. The general view is they will say or do anything to delay or derail the project because it is CVS. I think you do have a genuine interest – the problem is the “Just say NO” group hijacked this issue and now anyone who speaks out in opposition is now painted with that brush – and people are growing tired of it. It is too bad because I think some people that have legitimate issues but the majority of people are so sick of “just say no” they are tuning you out. Take a look at the early postings on this issue and tell me I am wrong.

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wayland

8:15 pm on Wednesday, December 19, 2012

@Bill - How do you perform an analysis on an intersection, when data was only collected from 2 of the 4 streets that come into the intersection. I heard some residents on Mitchell Street talk about the cut through traffic that is happening now to avoid the intersection. How do you do an analysis on that issue when data wasn't collected. When you don't do a pedestrian study, how can you assess the impact of a Main Street curbcut on pedestrians?

The reason the town needs to do it's own study is because if the intersection becomes any more conjected after the redevelopment, the taxpayers of Wayland assume the cost of mitigation.

Wouldn't it make better sense to do a COMPLETE analysis of the intersection so that the site plan could be ammended to help mitigate future traffic issues?

Wayland Transparent

5:45 pm on Wednesday, December 19, 2012

We are so lucky to have Jeff Baron here. He really adds to the discussion by telling everyone what they can and cannot say and critiquing every post. It is amazing he can do this and get into the forum group. Jeff we have heard your opinion get back to your day job.

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Bill

7:49 am on Thursday, December 20, 2012

The Town is not going to engage in any more studies. I know not all agree, but this is a relatively small scale development that does not have a material impact on traffic count. As indicated in the study, this is NOT a regional draw. People from Framingham and Waltham are not coming here to shop. They know very well if they conduct further studies, there will be a contingency that complains it was not done in the summer. If it was done in the summer, people will complain it was done in 90 degree heat. It will never stop and everyone knows it. With respect to mitigation – the developers will pay for it in an amount that is commensurate with the impact this development has on the intersection. Yes – sometime in the future this intersection will have to be expanded but that will have to be done with or without this development. I just come back to the argument I had at the very beginning of the Finnerty’s debate – if Wellesley can do it, why in the world can’t Wayland. I am now more hopeful than ever I have the answer – we CAN. For the first time I am seeing the reasonable majority start to say no to the vocal minority – and it’s about time. Perhaps now we can revisit the used car lot next to Mell’s that makes our “village” look like Brockton. Get ready, because this is just the beginning of a revitalization of our village. Its not going to stop at this site – count on it….

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Jeff Baron

8:29 am on Thursday, December 20, 2012

Well said, Bill.

As to Mel's, the town attempted to "revisit" this site at the last Town Meeting when the owner of the property tried to get a bylaw revision passed to allow gas stations to operate convenience stores (i.e. - sell more than auto supplies). The revision would have allowed the tenant to operate more profitably (as gas sales are not the real source of profit) and provide incentive/money to remodel the property. Much like this situation, we were subjected to those in town that feel that allowing such commerce is just wrong. The revision failed. In the end, the tenant at the Mel's property now has no motivation to spend the money because he is being disallowed the chance to do what every gas station owner in every other town is allowed to do -- make money.

Interestingly, the town already selectively enforces the bylaw preventing such sales as some stations in town do sell convenience store items (see the Exxon on Rte. 20, as an example).

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Bill

10:39 am on Thursday, December 20, 2012

Jeff – I am afraid it goes deeper than that. The real story is quite sad – an individual who owns a convince store next to a gas station on the other side of Wayland thought it would not be in his interest to have this article passed because it could conceivably set the table for increased competition. It was the same arguments we see now – traffic, pedestrians, village and where do I get my 1987 Buick fixed. All so one person on the other side of town did not have to face increased competition sometime in the future. And we are left with a used car lot – and WE let it happen. NEVER AGAIN – THAT PARTY IS OVER.

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Jeff Baron

10:41 am on Thursday, December 20, 2012

Hardly surprising! I would correct one statement, Bill. WE did not let it happen. I voted for the revision. And I will again!!

Cochituate YES! CVS NO!!!

10:32 am on Thursday, December 20, 2012

Bill, JB, Sharon Burke, …

This is no "small scale development". And “Revitalization” it is not. The project is the destruction of our residential neighborhood and way-of-life.

The MAJORITY are the 500+ residents and neighbors who signed the petition and attend the meetings time-after-time night-after-night.

A few friends of the developers who showed up at the meeting 2-weeks ago are the minority. By the way, where were ALL of you Monday night?

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Jeff Baron

10:38 am on Thursday, December 20, 2012

Destruction of your neighborhood/way-of-life? The hyperbole continues....

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Bill

11:41 am on Thursday, December 20, 2012

That would be impressive if not for the population of over 13,000 with over 4,500 families according to the 2000 census. Not to mention your web site saying that you reached 100 signatures not 500, and many of them wishing they had not signed it now that they understand the development. Reality – there are 20 or so hard core members of the “just say no” group – most of whom oppose every development in Town no matter what (again, most of whom complain about the Tax rate every year – but oppose any commercial development) Don’t get me wrong – there are a handful of people that are impacted by this development and have every right to make sure their interests are protected – However, the Planning Board understands there are 13,000 residents they represent. And for those that don’t show up in support – they said their piece at the meeting a month ago. There is little interest in being repetitive.

Wayland Transparent

4:50 pm on Thursday, December 20, 2012

Bill - I appreciate your informed point of view. You deliver the facts without pontificating and belittling other posters. You are an asset to this discussion. Too bad others are just less than that.

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Marisa Serafini

9:37 pm on Thursday, December 20, 2012

I am not following this project closely but hope something keeping in size with the current scale of Finnerty's will go in. However, I am stunned that some folks feel we need a 2nd CVS in town, especially since RiteAid is so close.

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Bill

10:52 pm on Thursday, December 20, 2012

Marisa – don’t let anyone, including myself, try and spin this. I think it is safe to say both sides have rested their case for tonight anyway (one could hope). Try and read the articles and the ensuing commentary in chronological order – then put yourself on the planning board and vote. Have fun with it and let us know how you come down on the question.

Jeff – I think you are missing my point. If given the choice between CVS and Ben and Jerry’s, no one is going to pick CVS (including me). My point, throughout this debate, is that is not a choice we get to make. That is not how the “system” works. I have no problem conceding CVS is not my first choice here - the issue is, and continues to be, that is not a question before the planning board. No matter who the tenant is the question remains – is the use in accordance with our zoning by lows? That is not up for debate – it is….

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Jeff Baron

10:59 pm on Thursday, December 20, 2012

I understand given your further explanation, Bill, and I agree that it is not "our" choice as to CVS or another long-term leasee.

In thinking about my participation on these forums, my original goal was and continues to be to support the rights of the owners/developers of this site to proceed with their project given that it is a permissable use of this site. It never was my goal to engage with certain types of people. The issue of anonymity of these boards remains a central and important one to me because it has been my belief (substantiated both here and elsewhere) is that it brings out the worst in people. Names attached to comments insures accountability. However, given the limited scope of my goal in participating on this topic, I deleted many of my previously posted comments. There was and is no point to debating with those who choose to behave badly.

Bill

9:56 pm on Thursday, December 20, 2012

Welcome to the party Marisa - the best way to get cought up is to search "Finnertys" on this site and read the debate on any of them that have more than 15 comments. "Wayalnd", "Wayland Resident" and "Bill" seem to get to the issue the best. After you read them let us know what you would do if you where on the Planning Board. I think we would all rather have a user other than CVS - I think the question is what would you do when faced with a vote on the planning board . I think everyone would like to hear from someone that does not have a horse in the race.... Have fun. - it's a great question....

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Jeff Baron

10:08 pm on Thursday, December 20, 2012

Bill -- I would respectfully disagree with your assertion. I, for one, am neither for nor against CVS as a tenant. What I AM for is the rights of a business owner to operate fairly and without needless obstruction. In this case, I favor the rights of these developers to put in a legal tenant willing to sign with them that is totally permitted by the zoning laws associated with their property. I agree that neighbors should have a say in how the development happens, and they certainly have been heard to this point as reflected by the many changes made by the development team to date.

In the case of Wayland Automotive (as we discussed previously), I favored the rights of the property owner to be able to operate on a level playing field with similar business both in town and in the local area.

In any case, I am most certainly against subversive efforts to thwart permitted commerce just cause somebody doesn't like it. The 'anti-CVS' movement is just that.

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Wayland Transparent

10:09 pm on Thursday, December 20, 2012

Bill - I agree great commentators on this issue you left off the one protagonist and that is smart.

John

10:16 pm on Thursday, December 20, 2012

Marisa, unfortunately, what's being proposed is considerably larger than the existing Finnerty's footprint. The developers enlarged the scope of the project by purchasing to adjacent homes that will be demolished in order to increase the lot size. The CVS they want to build is almost as large as the new one on route 20. Many people agree with you that we don't need another CVS in town and contrary to Bill's assertion above, there are a lot more than 20 diehards opposing this. Over 500 people have signed a petition opposing it and if, as he says some of them have changed their minds, I don't know of any.

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Wayland Resident

9:12 am on Friday, December 21, 2012

Please also be mindful that special permits are still being sought. Therefore the proposed project is not an "as of right" development, it requires zoning relief. That relief will be subject to appeal. I have always said that a proposal which complies with applicable land use and zoning cannot be stopped regardless of the tenant. This is not the case in this instance.

For the love of Mike Mr. Baron enough about anonymity. I have demonstrated in my prior posts that anonymous political debate is an American tradition and endorsed by this forum. By using your name you have simply advertised the fact that you are unwilling too consider alternative opinions (even in the face of overwhelming evidence) and that you hold many elitist values (see e.g. comments about how village residents get what they deserve for living near commercial property, unlike Mr. Baron).

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Bill

11:10 am on Friday, December 21, 2012

Wayland Resident – you do realize the only special permit being sought is for the number of parking spaces. The Curb- Cut is not a special permit. Even if it was, the Town has their own peer review specifically saying the project is safer with the curb-cut and that would become evidentiary in your appeal. You’re down to parking; Parking is something that does not affect anyone adversely (with or without standing) and has been granted on many other projects in Wayland. The judge is not going to listen to any argument that does not specifically address an adverse impact directly attributable to the number of parking spaces serving the property. If you think the judge is going to allow any argument having to do with CVS, how large the project is, or the purported 500 signatures – you will be very disappointed because those arguments will be found not germane to the appeal as it has nothing to do with parking. I don’t see the appeal making it passed a motion for summary judgment. It will become a colossal waste of $10,000 in legal fees.

wayland

11:36 am on Friday, December 21, 2012

Something to keep in mind, the Planning Board has overall Site Approval, and that includes curbcut. The Planning Board can grant special permits (ie parking) contingent on other aspects (no curb cut).

@Bill - when you mention legal appeals, are you referencing appeals that the developers may file if certain special permits are not granted? Or appeals that abuters may file if special permits are granted? As I understand it, both are legal, and both realistically could happen.

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Wayland Resident

12:36 pm on Friday, December 21, 2012

@ Bill, so we agree that the special permit may be appealed. Thanks for the legal advice, but I think in addition to the cost to defend the action the developer may incur delay and lose the interest of a tenant. More parking spaces=more traffic. More traffic=adverse impact. There is an argument to be made and the appeals will go on for some time.

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Bill

2:55 pm on Friday, December 21, 2012

OK Wayalnd Resident – while I am at it I will give you another free piece of legal advice. If you do (exactly as you just suggested) file a law suit or appeal for the purpose of slowing it down thereby making it less economically feasible (losing a tenants) they will simply file a SLAP counterclaim (look it up). It has been upheld in Massachusetts courts for exactly what you are suggesting - and comes with treble (3X) damages plus attorneys fees. That could easily be six or even seven figures. Are you willing to bet your house on that – because that is what you will be doing now that you have admitted to it in a public forum. Have fun getting an attorney now to – if they file the appeal knowing your intention is to slow the project down they will be sanctioned by the BBO and possible lose their license to practice law for a while. Are you ready to play in the NFL – because that is where you are headed with tough talk like that…..

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wayland

4:18 pm on Friday, December 21, 2012

@Bill and @Wayland Resident - you both touched on a scenario that isn't that far-fetched. I do believe that both developers and surounding residents have legitmate concerns with the outcome of site approval. And while the developers don't have to listen to residents, both do have legal footing. I'm sure that some that are opposed would think to use legal recourse to delay the project. I would also guess that some residents may use legal resources to try to protect their home/way of life.

What needs to happen is for both sides to legitimately come to the table to honestly discuss concerns. The outcome could be a terrific redevelopment project. Or, it could end up as a legal mess.

Bill

2:09 pm on Friday, December 21, 2012

All this talk about how this project is too big for our village got me thinking. Does the math support such a claim? So I did a little digging and found out that claim not be supported by the facts. The industry standard formula for determining the comparative size of a project is called the Floor to Area Ratio (FAR). It simply takes the total square footage and divides by the size of the lot. Here are the numbers: (Proposed Finnerty’s = .23 FAR) (Dunkin Donuts Plaza = .19 FAR) (Starbucks Plaza = .19 FAR) (Donelan’s Plaza = .22 FAR). The one that is most similar is Donelans because it is mixed use with a multi-story office component. Proposed Finnerty’s is 26,000 SF while Donelans is 47,834 SF. So, Donelans is nearly twice the size of the Proposed Finnerty’s while at the same time has basically the same FAR.
It is interesting when you actually use facts to support your argument. Turns out, this project fits right into our village when compared to the other developments using math.
So, it cant realy be about the size – right….

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Sharon Burke

5:02 pm on Friday, December 21, 2012

My goal commenting on this forum was not to offend anyone, but to voice my opinion on a topic that does not just impact "Cochituate village", but all Wayland residents and taxpayers. I am a someone who speaks my mind, without the protective shield of anonymity, and a commercial property that has been abandoned for years has the right to development so our town can increase our tax revenue without raising taxes.

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John

5:14 pm on Friday, December 21, 2012

I don't know how accurate your assessment is about the mathematical formula for fitting in. But even if it is, I'm not sure that's the time of fitting in we're talking about. You could probably fit a small missile silo on that footprint, but it wouldn't exactly fit in, would it?
Bill, are you involved in this project in any way? Are you affiliated with it or do you stand to benefit from its successful completion?

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Bill

5:56 pm on Friday, December 21, 2012

@John – I was responding to the argument made several times that this project is way too big for our village. Saying it was out of proportion in terms of size. While some people may have that opinion, the math (which is 100% correct) does not support that position. I can tell you I am not involved or do I stand to benefit from this project in any way other than that of a resident in the Town. I got into this debate because I am in commercial real estate. I started reading some of the posts and had to correct the record because some of the assertions where completely inaccurate – then it snowballed into a fairly entertaining debate. Now it’s become a passion. Some people watch TV, I like debating about real estate – my wife thinks I am odd too 

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John

6:49 pm on Friday, December 21, 2012

Bill, thanks for the clarification. I guess it was just your enthusiasm for the project that had me wondering.
I think everyone is anxious to see something go in there after 7 years of nothing. But I share the concerns of many about the intersection looking like Natick (with no offense intended to Natick). We have something very special here and CVS doesn't exactly fit that description.
We pay a premium for living in Wayland, but part of the reason for that is a charm and a character that we enjoy. It's worth it. And as long as the Selectmen continue to vote to keep the commercial tax rate the same as the residential rate (something they just did again a few weeks ago), there is not a lot of reason to get excited over the tax revenue from this project.
Aesthetically speaking, the town is going to hell in a hand basket and I'd like to see that cease. The CVS on Rt 20 is ugly as sin.
The TD North Mountain that replaced Cochituate Motors is an abomination. A very well lit abomination.
Why does this keep happening? Is anyone planning this stuff out or are we so hungry for tax dollars that we're happy to say yes to anyone with an open checkbook? I realize that CVS meets the criteria for what's allowed to go there, but this makes me wonder what, if any, criteria we actually have.
What do you think, Bill?

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Bill

11:01 pm on Friday, December 21, 2012

@John – I am not a huge fan of CVS either although I do not have as big a problem as most. The issue is if the planning board does not work with the developers (including a curb cut) they will simply go with a CVS only option with a drive through with absolutely no zoning relief at all. They will not need the curb cut, the parking or any other form of zoning relief. They don’t want to do that (because the back building gets them more money) but they will if backed into a corner. That is more like RT. 9 in Natick. Some believe the curb cut makes CVS go away – it will not. They would prefer to give up the cut and get the site to themselves. So- If CVS can be done without zoning relief and you believe a CVS only option is not best for the town because it will look ugly – you then work with the developers and do some horse trading. Which they have. The Planning board gets this and agrees with this analyses. There are some on this site that will say no to anything in an attempt to make CVS go away. Do you want to roll the dice and back them into a corner or do you want to get a decent project? 25 years of experience tells me we should not roll the dice on this one.

John

11:12 pm on Friday, December 21, 2012

I'm sorry, but I just don't believe this. It sounds too much like a threat.
I don't agree or believe that the only two options are either CVS the easy way or CVS the hard way.

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John

11:23 pm on Friday, December 21, 2012

I don't want to back them into a corner. I want them to realize that a CVS is the wrong business for "Finnerty Village" and that if this project is too big too succeed without a major chain throwing its money behind it, maybe it's time to rethink the scale of the project.

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Bill

8:39 am on Saturday, December 22, 2012

You really think these guys are going to wake up tomorrow and say “you know what – I am starting to re-think this development. We should call up CVS and tell them the deal is off – they are just too big of chain store with too much credit and some people have an issue with them in Town. Let’s scrap the whole thing and start over with some small users – we were never in this for the money anyway”.

Bill

8:39 am on Saturday, December 22, 2012

You say it is too much of a threat so you don’t believe it. First – pull out the plan and white out the curb-cut on Main and the so called “back building”. Now you have reduced the parking requirement by 70 spaces by eliminating 14,000 SF. Now pencil in parking spaces where the Back Building used to be. You can probably get some 50 spaces in its place – that is a parking swing of some 120 spaces (now you are swimming in parking spaces by our by-law standards). You do those two things and you need no relief from zoning AT ALL. Keep in mind – Drug Store is a permitted use in this Commercial District. So in order for this to be a threat – you have to be able to actually do it. We can check that box. The second is a willingness to do it. Put yourself in their shoes – no reasonable person would ever call up CVS and tell them we re-thought the deal and you are out. I would not call this a threat – I would call this plan “B”. The only reason some people believe it is a threat is because they have CVS. They look at CVS and they see highest and best value. One last thing to keep in mind – the drive through that everyone hates so much (including me) is back under this scenario. Its allowed and an accessory use under our by-laws.

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John

8:58 am on Saturday, December 22, 2012

Whatever plan you want to call it, i don't think it's fair that residents are placed in the position of needling to choose between the least offensive of two things that don't want. You said yourself you don't love the idea of a CVS.
I understand why the developers would be focused on "highest and best value", but the rest of us who will have to live with this permanent, irreversible change to the neighborhood, are focused on preserving the charm and character of Cochituate.
Why are you focused on "highest and best value", Bill?
Do you live in Cochituate?

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Bill

9:38 am on Saturday, December 22, 2012

First – I do live in Cochituate. My family has lived in Cochituate since 1954. After my grandfather got back from the South Pacific in WWII he decided to raze his family here. I decided to raze my family here, just as he did. I love my town too. I hate to say it, but fair has nothing to do with it. They are just playing by the rules of our Zoning By-Laws. If you don’t like the permitted uses in our by-laws then the residents can change them – all it takes is a zoning change warrant at Town meeting. That is a real option and you will probably get every resident in that area to vote for it. Your right – I am not a big supporter of having CVS here, however I recognize it does not matter what I (or anyone else) thinks about CVS as it is a permitted use. I can either chase windmills and complain about how unfair it is or I can take a business approach and say - given the rules of the game how can I improve on the project. I like to think of myself as a “good” business person so I chose to effectuate change where the situation (and rules) allow it. I look at the course of action the “just say no” folks are advocating and my analyses tells me the result will be a CVS contorted to meet zoning with a drive through. I am not on board with that….

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Bill

9:56 am on Saturday, December 22, 2012

I also come at this from a slightly different vantage point. Between the various gas stations that have not be touched in 50 years, the used car lot at Mell’s, the unsightly retail at Liberty pizza, the train wreck retail and office at Donnalans and the abandoned Finnerty’s project - I am not sure what we are trying to preserve here. I have earned the right to be self-critical of our village as I have been here longer than most anyone. I love my Town and I want to see this section of Wayland fixed up. If something is not done, I think this section for town is starting to look more like Brockton – and I am thinking more like Wellesley is where we should be shooting for. That is why I support the two building scenario – I do not want this to look like Rt. 9 and that is where we are headed if only one building can be done. I know people will be offended by that – but it is what I believe. I just don’t know what we are trying to preserve here – I want Wellesley not Brockton.

Geoff

9:59 am on Saturday, December 22, 2012

FYI, the Finnerty building has several broken panes of glass on the Main Street side and the whole area is falling into more disrepair every day.

Regardless of what happens down the road, the owners of the lot and building need to take some responsibility now. Surely these 'good Wayland sons' realize this?

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wayland

4:59 pm on Saturday, December 22, 2012

@Geoff - seems like a stategy to me. The 5 or so years that the property was vacant, but owned by the Finnerty family, it was landscaped and upkeep was done. Since the property changed ownership, it has not been taken care of. Windows are broken, the fence at the corner has been down for over a year, the gutters have been ripped from the roof, there are still leaves down, and branches from the hurricane and before.

So it is either a strategy by the developers to make it more of an eyesore so people will clamber for redevelopment or the owners are negligent landlords. Should we look forward to this in the future?

Wayland Resident

12:23 pm on Saturday, December 22, 2012

@Bill, reread my post I never indicated (i) that I had standing to file a suit (I do not, as I am not an abutter) or (ii) that the purpose of any suit appealing zoning relief which might be granted would be to delay or hinder the project. That is your incorrect inference. My point is that if an abutter were to appeal any zoning relief granted it could be time consuming and costly. Which part of that is incorrect? I hardly think sanctions,court costs or multiple damages would be awarded if an abutter appealed any zoning relief granted in good faith. Nice try with the procedural cudgel though. I will look up SLAP suit, I suggest that you look up "raze".

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Wayland Resident

12:57 pm on Saturday, December 22, 2012

@ Bill, so one building looks like Route 9 and two oversize buildings look like Wellesley? Not sure that position is, as you would say, defensible. Also, with due respect to tenure, all taxpayers in town have an equal voice. Abutters enjoy additional legal rights, you have not claimed to be an abutter so I am assuming that you are not. It is starting to sound like you are connected to the project. Otherwise why would a village resident not support a smaller scale project with local shops. Such a project would be financeable with lower LTV and some recourse to credit parties. The only thing CVS does is get the developers greater loan proceeds with less recourse exposure. As a real estate professional you must recognize this.

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Bill

2:48 pm on Saturday, December 22, 2012

Wayland Resident – I am going to have to give up with you. You are just not listing or worse, not getting my argument. In an ideal world, I do support a smaller development with local tenants. I would rather see the site be turned into a soccer field or even a community center. Like you, I am not thrilled with CVS. I would much rather see an art gallery, Ice cream shop, restaurant – anything but a drug store. I just don’t live in that ideal, Capraesque world where the will of the abutters can dictate what goes there, where everything in world is sunshine and puppy dogs. The world I live in is colder and more complicated than that (I wish I could live in your world – but life and experience has made me jaded). My world is dictated by the reality of money, leverage and laws. If you can’t see the difference between a CVS with a drive through surrounded by a sea of parking and a mixed use development (with a restaurant)as proposed, then we have no way of communicating anymore. We just live in different worlds. I can understand the emotional reaction the abutters have to this – if I lived across the street I would probably react the same way. Like me, you are not an abutter and can look at this as a business deal and take emotion out of this. I am just thankful the Planning Board can do that. You want to make fun of my auto-spell – OK. At least I am not Pollyannaish in my world view.

Wayland Resident

4:51 pm on Saturday, December 22, 2012

Bill, I guess jaded and condescending beats Pollyannaish...I am listening and I do understand your argument. You refuse to hear listen to my argument or tell me how what I said is incorrect. If the developers were great guys they would do a smaller development which would be good for the town. Instead they are just trying to maximize profit. I guess you are now backing off your legal cudgel as well. I do not believe that dollars and sense are the whole story. If so, these guys should lose the local good guy BS.

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Bill

5:16 pm on Saturday, December 22, 2012

I have answers your question at least a dozen different Ways. We are in very familiar ground here. Try this one - if I am incorrect in my assessment then why is the planning board, design review, fire chief, economic development all in agreement with me. They are all impartial about this question and come to the same conclusion I do. How does that work?

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Wayland Resident

7:32 pm on Saturday, December 22, 2012

Bill, first of all people frequently agree on incorrect conclusions. NASCAR is on network television...If you are saying that the planning board, design review board and fire chief are not critical of the project you are simply not reading the comments. That is the only way "that works". Every person/ body you named has voiced opposition to the project, but you see agreement. There is something in the equation not working.

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Wayland Resident

7:39 pm on Saturday, December 22, 2012

Bill, I will say that I do respect your knowledge of the topic, although you should recognize that others also know the industry. At this point I think you have become attached to your opinion, as perhaps have I. At the end of the day, if the developers want to play the town resident card they need to do better than a CVS. Otherwise they may as well be National Development. Can we agree on that and call it a day?

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Bill

8:35 pm on Saturday, December 22, 2012

We can agree on those two things – NASCAR I don’t get at all. Stock Cars running in a circle – what is the draw? We can also agree on these” Local” guys. The fact they are from Wayland has no bearing on this subject – to me anyway. The only difference is I think these guys will put their heart into this development and that will matter to most people. The only difference – National Development would have come in with the CVS only concept at the beginning and let the Town have a heart attack. Then they would have let the Town suggest the two building option themselves so it would have looked as though they were going along with it as an accommodation (that is what I would have done). I will admit, they are not as slick as the big guys – but im not sure that is a bad thing. The fact they are from Wayland has gotten in the way a little – they cannot come in over the top with a CVS only option and simply told the Town A or B – you pick!!! Again, that is what I would have done if I did not live in the Town – but then again, I am a prick when it comes to this stuff. Which is a third thing I’m sure we can agree on…. Have a good night Wayland Resident and happy holidays. Be safe…..

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