Board of Selectmen send out "CVS" Memo for tonight's meeting.

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PDF icon 2015-07-13_town_counsel_memo_cvs.pdf380.42 KB

The Board of Selectmen sent out a memo about the CVS discussion from the previous meeting. CVS Pharmacy has leased the former Colella's property from landowners "Crosspoint Associates". The memo features updates since the last selectmen meeting and information to be aware of for tonight's meeting.

Some of the major points stated in the memo to be aware of include: "The lease between crosspoint and CVS is a private contract and was not recorded." The selectmen also stated the contract is not available at this time. "The town became aware of the CVS lease on June 3, 2015 when Crosspoint submitted an application for a "Fit-Out" building permit identifying CVS as the occupant of space at that address." No contact has been made between Board of Selectmen and CVS. The memo stated that if CVS or Hopkinton drug are found to be a healthcare service facility over retail, Hopkinton Drug is protected by zoning bylaws while CVS is not.

Town Counsel Raymond Miyares stated in the memo that according to Crosspoint's Attorney; "any effort by the town to destroy the contractual relationship would expose the town to significant claims for damages."

Some of the ways suggested at the last meeting the town could possibly interfere with the CVS lease stated in the memo that will be addressed:
-adopting a zoning change for the downtown business district prohibiting pharmacies specifically or amending the definition of "Health Services Facility" to include pharmacies explicitly."

-the town could negotiate to purchase the land, the price would likely include the $3.3 million Crosspoint Associates paid in addition to damages from the termination of the CVS lease.

You can see the full memo in the file attachment above.

**Update** At the meeting Hopkinton Selectmen agreed to take no action on CVS. Residents asked Selectmen to file an appeal to block a CVS pharmacy from opening at the former Colella's Supermarket on Main Street. Town Counsel Ray Miyares told the "No CVS" group they have until July 25th to appeal the building inspector's decision to grant the CVS an interior construction permit. Hopkinton selectmen decided that at the current time they have no grounds to file an appeal as CVS is considered a retail facility, which is allowed in the downtown district.