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KGI Properties, the Providence-based developer of a 200,000-square-foot, $140 million mixed-use commercial and residential development in Wayland had hoped to break ground on the project this fall.
But with little movement in Middlesex Superior Court on a lawsuit KGI filed against the town's historic district commission in July 2009, that goal may be difficult to reach.
KGI wants to reconstruct the intersection of Routes 27 and 126 during the first phase of the project, which lies in the historic district. The historic district commission, however, has ordered that KGI not make the roadway improvements until after the larger development is complete.
KGI filed suit in Middlesex Superior Court last year asking a judge to revoke the historic district commission's ruling and allow the roadway construction to begin. In the meantime, the project still has not received approval from another town body - the conservation commission.
Construction Character
Town Manager Frederic Turkington said he believes the historic district commission overstepped its authority by dictating the timing of the phased development of the project. He said the commission, by its own bylaws, only has authority over the aesthetic nature of the historic district, not the timing of a construction project. He's hoping the matter will be settled outside of court.
"This project will be great for the town," Turkington said. "It will give us a true town center, with shopping, offices and housing. This provides a real great focal point for residents and visitors. I hope we can get it done."
However, Gretchen Schuler, chairman of the historic district commission, said that the proposed traffic improvements will negatively impact the character of the historic district. And the commission is also concerned that the project may stall after the traffic work is completed.
"What if they do the traffic improvements and then they stop there?" she said.
According to Barbara Buell, an attorney representing the commission from the Boston-based law firm of Smith & Duggan LLP, there have been a handful of motions and hearings since lawsuit was filed last year. A hearing in May focused on the central issue of whether the commission had the authority to dictate when traffic improvements would be made.
On June 23, the judge ruled that additional evidence was needed, and Buell said she is waiting for an evidentiary hearing to be scheduled.
While the case moves slowly through the legal process, the project is still a topic of discussion in town. The commission members were expected to meet with the board of selectmen Monday night to discuss the issue.
Meanwhile, KGI officials recently wrote in a regular update to the townspeople that they are still committed to the project, which has been in the conceptual planning stages for almost a decade.
"The uptick in the economy has opened a new window of opportunity for the Town Center project," the letter said. "However, in order to commit to the tenants we need a commitment from the community and the [historic district commission] that we can commence construction this year, with the intent of delivering and hopefully opening the first retail spaces before the end of 2011."
The project has already signed Stop & Shop Supermarkets as an anchor tenant and KGI officials said in the letter they are hoping to get additional tenants booked soon.
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Worcester Business Journal presents a special commemorative edition celebrating the 300th anniversary of the city of Worcester. This landmark publication covers the city and region’s rich history of growth and innovation.
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