Worcester Business Journal

www.wbjournal.com September 28, 2015 • Worcester Business Journal 11 It's not just what we do to help businesses grow, it's how we do it. $ 7,300,000 Working Capital/Equipment/ Real Estate Beverage Manufacturing & Distribution Boston, MA $ 8,000,000 Acquisition/ Working Capital Commercial Flooring Boston, MA $ 9,900,000 Real Estate Acquisition/Construction Offi ce/Retail/Residential Andover, MA $ 11,600,000 Working Capital /Offi ce Expansion Medical Services Provider Windham, NH $ 17,000,000 Corporate Acquisition/ Working Capital Precision Instrumentation Marlborough, MA $ 18,500,000 Working Capital/Equipment/ Plant Expansion Medical Device Processor Fall River, MA $ 10,500,000 Real Estate Construction For Sale Multi-Family Boston, MA $ 8,500,000 Construction/ Working Capital Charter School Framingham, MA $ 12,000,000 Acquisition/ Equipment/ Working Capital/Real Estate Food Manufacturing & Distribution Taunton/Attleboro, MA As a bank with no shareholders, our commercial bankers are free to work more collaboratively and proactively with business customers, offering more creative approaches for meeting a company's fi nancial and strategic objectives. With more than $4 billion in assets and a team of experienced bankers offering everything from complex fi nancing to everyday banking services, we're ready, willing and able to help every business grow. And we do. Contact Michael McAuliffe, Chief Commercial Banking Offi cer at 508-315-5281 or michael.mcauliffe@middlesexbank.com CORPORATE BANKING / INVESTMENT REAL ESTATE / CONSTRUCTION LENDING MEMBER FDIC MEMBER DIF very strongly felt by some number of people." Emily Pilotte, a local resident who's part of the No CVS group, said there are already more than a half-dozen CVS locations easily accessible from Hopkinton, and there's no need for one right in the middle of town. "I think anyone would kind of agree that part of the draw to Hopkinton is its quaintness," she said. "In our down- town business district there haven't been any big chains of this kind before. … We like to support independent small businesses." No community veto Adding fuel to the opposition is the fact that the site is across the street from another longstanding local business, Hopkinton Drug. Not only would CVS compete directly with the small phar- macy, but the two companies are already in the midst of a dispute. Last year, Hopkinton Drug sued CVS Caremark, a subsidiary of the same parent company that controls CVS's pharmacy opera- tions, for deciding that customers with CVS Caremark coverage could no longer use Hopkinton Drug. A judge forced the CVS subsidiary to reinstate coverage, but the legal dispute is still ongoing. Palleiko said Hopkinton officials had hoped Crosspoint would be able to bring another grocery store to the location, since many in town see being able to go food shopping downtown as a quality of life issue. But he said the same factors that made business tough for Colella— the growth of huge supermarkets on the periphery of the town—also kept poten- tial tenants away from the site. The Board of Selectmen looked for ways officials might be able to regulate the use of the property, Pelleiko said, but because Crosspoint and CVS won't be significantly altering the building, he said there doesn't seem to be a strong legal argument for intervention. "This is a private transaction between a willing buyer and a willing seller," he said. "The community doesn't always get to have a veto on what it wants to bring in." But some opponents of the CVS dis- agree. They've brought a case to the town's Zoning Board of Appeals arguing that the pharmacy is a health services facility, which is not permitted in that area, rather than a retail facility, which is permitted. Hopkinton Drug was founded in 1954, and therefore its operation at the location was 'grandfathered', regardless of the cur- rent zoning designation. A newly-applied health services designation wouldn't affect it. In a memorandum submitted as part of their appeal, the CVS opponents argue that pharmacies constitute health service facilities since pharmacists are licensed professionals who counsel patients, dispense controlled substances, and perform other duties related to health care services. "It's really a question as to whether a pharmacy is a use that fits within the town's bylaw," said Eric Goldberg, the attorney representing the CVS oppo- nents. "It really boils down to an inter- pretation of zoning." Crosspoint maintains that the CVS will be a retail establishment. "Opponents are taking information out of context from the parent compa- ny, CVS Health, to argue that the phar- macy is a health services company," said Lisa Nickerson, a spokeswoman for Crosspoint. "However, CVS Pharmacy is a retail store and always has been considered so for zoning purposes." Won't be over 'til it's over Benjamin Tymann, the lawyer repre- senting Crosspoint, said there's no legal justification for the CVS opponents' appeal. "Appealing an 'as of right' commer- cial building permit because you don't like the type of store is like trying to stop your neighbor from selling their house to a buyer you don't like," he said. The case was due to go before the town's Zoning Board of Appeals in early September, but it was rescheduled for Oct. 7 because an insufficient number of board members were present. Even after the hearing takes place, it's not clear that the fight will be over. The board's decision could be appealed in court. Pilotte said she isn't sure if her side would appeal if they don't win the hearing. "We're looking forward to a decision being made and moving on," she said. "If we don't win we could appeal to land court and let them further decide. I don't know. I guess we'll get past the first step and then see." n Tempers flare over Hopkinton CVS "In our downtown business district there haven't been any big chains of this kind before. … We like to support independent small businesses." Emily Pilotte, Hopkinton resident >> Continued from Page 1

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