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Marathon battle in Hopkinton over CVS plans

Opponents have erected signs protesting the planned opening of a CVS at the now-closed Colella's Supermarket.Christine Chapman

Hopkinton residents say they’re in a marathon fight to stop a CVS from opening on the site of the former Colella’s Supermarket, a parcel of land on Main Street they call the community’s “crown jewel.”

The residents have already filed an appeal with the town’s Board of Appeals challenging three building permits issued to the property owners to do inside renovation on the existing building, and say they won’t stop there if things don’t go their way.

The fight is pitting the residents’ desire to control what goes on the property against the landowner’s right to develop the property in any way that conforms to the town’s zoning laws.

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And the question of whether a CVS pharmacy conforms to Hopkinton’s retail zoning bylaw is one that may ultimately end up in the state’s land court.

“It’s regrettable on many levels, and it’s been difficult for many members of the community,” Board of Selectman chairman Benjamin Palleiko said about the CVS plan.

Colella’s, a longtime family-owned supermarket, closed in March. In a letter to the community in June, Palleiko wrote that the town has limited options to stop a CVS from taking its place.

“Our ability to prevent legal businesses from coming to town is tightly constrained, particularly when those businesses fit within existing zoning and require no special permit or other approval,” he wrote.

Residents, nonetheless, say they’ve hired an attorney, are collecting donations, and are ready for a protracted fight if necessary to stop what they claim will forever blight the quaint, historic character of their community.

They argue that a grocery store or family-owned small business would be more desirable, and beneficial to the community.

“That piece of property is our crown jewel, it’s indicative of the feel and concept of the whole town,” said Anne Beauchamp, who moved to town two years ago.

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She and a group of hundreds of residents have signed on-line petitions, are active on Facebook, and started a group calling for zoning changes in town.

“This is not a sprint, this is a marathon, and as we like to say, Hopkinton is good at marathons. We are in it for the long haul,” she said.

John Hueber, president of Crosspoint Associates Inc., the Waltham-based company which purchased the land for $3.3 million earlier this year, said his company tried to entice Whole Foods, Trader Joe’s, and other grocery stores into downtown Hopkinton.

“We have 25 years experience in this field,” he said. “Our goal is to acquire shopping centers and have a grocery store as an anchor,” Hueber said. “We couldn’t find one for this location.”

So Crosspoint signed a 20-year lease with CVS, and said they are also finalizing plans for a liquor store that will sell fine wine, craft beers, and gourmet foods to also move into the space.

They are currently in the process of renovating the interior of the existing building at the site after securing three different building permits from the town’s building inspectors.

Beauchamp and the four others who together filed the appeal of those permits on July 23 claim CVS should not be considered a retail store, but rather a “health service facility,” which would not be permitted at that location under current town zoning regulation.

That appeal will be heard by the town’s Board of Appeals at a meeting scheduled for early September.

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Palleiko said his board refrained from appealing the permits itself, after advice from Town Council J. Raymond Miyares.

Palleiko said residents raised a number of valid issues, and brought some compelling arguments before selectmen.

“But we didn’t find any compelling basis for appeal,” he said. “There was no issue that we thought would have a reasonable expectation of success.”

Hueber agrees.

“It’s cut and dry,” he said.

Beauchamp and others are not convinced.

“The company’s own assertion and financial disclosures reflect that it is a health company — with only a small portion of sales coming from traditional retail,” she wrote in an email to the Globe.

Hueber said his company is ready to be a good neighbor, and will allow parking in the lot for library patrons and town events, allow tree and wreath sales on the property, and will make corporate donations to local organizations.

As a veteran developer, Hueber said he’s used to opposition, but wasn’t prepared for what he’s encountered in Hopkinton.

“This is outside the realm of anything I’ve ever seen,” he said.


Ellen Ishkanian can be reached at eishkanian@gmail.com.