Developer Cancels Large Wayland Residential Project During Appeal Process

WAYLAND, MA — A large residential development that would've replaced the long-vacant Whole Foods supermarket along the Boston Post Road in Wayland has been canceled, according to the developer.

One year ago, developer Mill Creek revealed a proposal to build a 172-unit residential development at the former supermarket plaza between Boston Post Road and Pelham Island Road. The controversial project stalled when the Wayland Zoning Board of Appeals in August denied a special permit.

Shortly after that decision, Mill Creek filed an appeal the state Housing Appeals Committee (HAC) seeking to overturn the Wayland ZBA.

"In the decision, the [Wayland ZBA] purportedly determined that Mill Creek’s Application was incomplete because it did not contain a project eligibility letter (PEL) or evidence of fundability. As set forth below, the decision is unreasonable, legally untenable, arbitrary and capricious," Mill Creek's appeal said.

But in a reversal, Mill Creek's attorneys on Feb. 20 notified the HAC that it was withdrawing the appeal.

"Mill Creek has decided not to proceed with the project and is, therefore, withdrawing its appeal," the letter said.

The Mill Creek project would've included 43 affordable units, allowing Wayland to stay within the state 40B "safe harbor" threshold. The HAC has the power to overrule local zoning decisions, but only in communities that have failed to meet 40B affordable housing rules, including the 10 percent threshold.

The Wayland Whole Foods closed in 2017 and moved farther down the Boston Post Road to Sudbury. The grocery store portion of the plaza has been vacant ever since.