Tempers flare over Hopkinton CVS

Some residents would like to see another small grocer replace longtime local supermarket Colella's but the owner of the building says the influx of large grocery stores around Hopkinton has dampened prospects.

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By Livia Gershon Special To The Worcester Business Journal

On the face of it, the arrival of a CVS store in a local town might not sound like a big deal. But in Hopkinton, the planned opening of a branch of the chain pharmacy has touched off a perfect storm of worries about the fate of small businesses and small-town life.

Earlier this year, much-loved local grocery store Colella’s Supermarket, located at the center of town, closed down. Waltham-based developer Crosspoint Associates Inc. bought the property, and, after failed attempts to entice another food store to the location, signed a 20-year lease with CVS.

Opposition to the corporate newcomer has been intense, with dozens of locals speaking out against the project at public meetings and picketing the site with signs. According to the opposition group No CVS in Hopkinton, 2,800 people have signed a petition opposing the store.

“This is probably the largest change that’s occurred in the center of town, literally, in decades,” said Benjamin Palleiko, chairman of the Hopkinton Board of Selectmen. “It’s very visible to people, and it’s been 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 downtown 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 pharmacy, 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 operations, 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 potential 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 disagree. 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 current 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 opponents. “It really boils down to an interpretation of zoning.”

Crosspoint maintains that the CVS will be a retail establishment.

“Opponents are taking information out of context from the parent company, CVS Health, to argue that the pharmacy 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 representing Crosspoint, said there’s no legal justification for the CVS opponents’ appeal.

“Appealing an ‘as of right’ commercial 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.”