Wayland ZBA votes down Zieff's huge 40B apartment complex

Great News!

The Wayland ZBA voted on Mr. Zieff's 'Cascade' 40B proposal at their final hearing on 8 January. Click here to see a PDF copy of their decision.

Five key points:

1. The ZBA denied all of the significant waivers Zieff requested, which will force a significant reduction in the size of the building, number of units and sewage load next to Pine Brook. In short, the ZBA did not approve Mr. Zieff's plan for a huge four story apartment complex with 60 units and 89 bedrooms -- at the former site of Mahoney's Garden Center on Route 20 in Wayland.
   
2. The decision emphasizes threats his plan would create to Pine Brook, public safety and YMCA Camp Chickami.
   
   
3. Section 5 on pages 5 and 6 was added after the last hearing, (apparently drafted by Thomas White and David Katz) and highlights key issues behind the ZBA's decision. They did an excellent job.
   
   
4. 20 days to file an appeal: Mr. Zieff has 20 days to file an appeal, from the day the ZBA's decision is filed.
   
   
5. We should all say "Thank You!" to the volunteer members of our Wayland ZBA: Jonathan M. Sachs, James Grumbach, Thomas White, Aida A. Gennis, David Katz and Shaunt Sarian. They spent 18 months reviewing Mr. Zieff's plan and arguments, hearing evidence against it, and patiently dealt with repeated delays. These volunteers brought significant expertise, which was essential with this complex 40B application. Please send a "Thank You!" to zba@wayland.ma.us

Mr. Zieff told a reporter from Metrowest Daily News, " the board’s conditions and waiver denials are “burdensome” and exceed the panel’s authority" and he plans to appeal." That said, an appeal to the MA Housing Appeals Committee (HAC) would be costly, requiring attorneys and scientific experts. Mr. Zieff would need to raise additional funds to cover this cost -- between $50K and $100K. Rattling sabres is easy and cheap; fighting another battle would not be.

Thanks to donations from families across Wayland, Protect Wayland hired an attorney and a number of environmental experts and delivered testimony and reports to the ZBA during the 40B hearing, so Wayland's costs to defend an appeal will be significantly reduced. Mr. Zieff's team never attempted to rebut any of our scientific reports, so he will need to find and pay for new scientific studies to support his appeal. In addition, the Massachusetts Department of Environmental Protection wants to preserve Pine Brook, the #1 stream for native Eastern Brook Trout in the entire Boston Metrowest area. Plus, the West Suburban YMCA is strongly opposed, hired their own expert, and delivered multiple reports during the hearing. Mr. Zieff would continue to face significant opposition on multiple fronts.

Let's hope Mr. Zieff decides to end this Quixotic battle and looks for a new property without all of these issues.

Protect Wayland

www.ProtectWayland.org