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Thread: Monster 40B: Wayland ZBA rejects Zieff's huge plan

  1. #1
    Join Date
    May 2015

    Default Monster 40B: Wayland ZBA rejects Zieff's huge plan

    The Wayland Zoning Board of Appeals rejected Zieff's plan for a huge apartment building on Route 20!

    Attached is a copy of the Wayland ZBA's final decision on Mr. Zieff's 'Cascade' 40B proposal. Three key points:

    • They 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, 4 story apartment building with 60 units and 89 bedrooms -- at the former site of Mahoney's Garden Center on Route 20.

    • The decision emphasizes threats his plan would create to Pine Brook, public safety and YMCA Camp Chickami.

    • 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.

    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 citizens 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, which they said is the #1 stream for native Eastern Brook Trout in the entire Boston Metrowest area. Finally, the West Suburban YMCA is strongly opposed, hired their own expert, and delivered multiple reports during the 40B hearing. Mr. Zieff would face significant opposition on multiple fronts.

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

    P.S.: There are a couple of typos in Exhibit 1; we informed the ZBA and their attorney, Amy Kwesell.

    Mark Hays for Protect Wayland

    Decision for Eden Management case# 17-19.pdf

  2. #2
    Join Date
    May 2015


    An update: I checked with the Wayland Building Department and the ZBA's decision on the Monster 40B was filed on 15 January. Mr. Zieff was also notified on the 15th, so that marks the start of the 20 day period to file an appeal. Monday the 4th is the deadline.

    I also contacted the Mahoney family and encouraged them to explore better options -- noting that two other developers are apparently interested in building a much smaller 'friendly' 40B on the property.

    Did you send your 'Thank You!' to the volunteer members of our ZBA, for all of the time and effort they devoted on behalf of Wayland? If not, please email

    .... or mail a letter to:

    Wayland Zoning Board of Appeals
    41 Cochituate Road, Wayland, MA 01778

    Mark Hays for Protect Wayland

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