The Gazette’s recent editorial headlined Straight Dealing is warranted in its call for transparency over Stop & Shop’s proposal for a new, much improved store in Tisbury.
The Gazette’s recent editorial headlined Straight Dealing is warranted in its call for transparency over Stop & Shop’s proposal for a new, much improved store in Tisbury.
Stop & Shop has been transparent in all its dealings with the Martha’s Vineyard Commission and the town of Tisbury. Unfortunately, Stop & Shop — as can happen with these types of hearings — is caught today in a crossfire of misperception, misinformation and innuendo.
To set the record straight yet again, Stop & Shop is required to set forth certain offers relative to its application to the Martha’s Vineyard Commission. These offers are conditions which the Martha’s Vineyard Commission will consider when deliberating the merits of this project. Some of these offers have financial components, such as contributions to affordable housing. Stop & Shop has stated openly during the Martha’s Vineyard Commission hearings that we were unable to provide specific financial detail for the offers until we knew what the final municipal lot plan was going to be, and what if anything Stop & Shop was going to be asked to contribute toward financially. Once the Tisbury parking lot committee finalized its recommendation to the selectmen, Stop & Shop was able to put pen to paper to determine what contributions could be made and how to structure those contributions in the form of the offers to the Martha’s Vineyard Commission.
Stop & Shop could have simply inserted these financial details into the offers to the commission and proceed to the next public hearing without discussing them with the town of Tisbury. Given that the town is a direct abutter to this project and is therefore uniquely connected to the project, Stop & Shop determined that a direct line of communication with the town to review the mitigation package prior to submission to the Martha’s Vineyard Commission was the best approach. There was no quid pro quo, as the editorial seems to suggest.
The Gazette’s news story reports that Stop & Shop did not ask for the town’s written commitment to support the expansion plan. “We did not ask for that as a condition to the agreement,” the paper quotes me as saying. Yet your editorial states that “The announcement this week that the Tisbury selectmen have made a million-dollar deal to throw the town’s support behind the Stop & Shop expansion threatens to make a mockery of the whole review process before the Martha’s Vineyard Commission.” To suggest that the town and Stop & Shop “made a million-dollar deal” is irresponsible and neglects to consider the arbiter of this project is not the Tisbury board of selectmen, it is the Martha’s Vineyard Commission.
Stop & Shop’s efforts to work with the town directly on mitigation efforts which Stop & Shop is willing to provide, and which the town could support, is the same as if the neighbor next door were a private party. All developers wish to have the support of their neighbors, and in this application the most direct and impacted abutter is the town of Tisbury, owner of the municipal parking lot. For Stop & Shop to submit financial offers which impact the town of Tisbury, it’s neighbor, without first reviewing those offers for support from the neighbor, would be imprudent.
Clearly the MVC process has resulted in highlighting certain impacts of this project on the town of Tisbury. In working with the town and its selectmen, Stop & Shop has crafted mitigation efforts that benefit the community beyond the scope of this project. For example, Stop & Shop has offered $250,000 in mitigation to improve current conditions as well as potential impacts of traffic at Five Corners and in the general downtown Tisbury area. And, as a means of insuring Stop & Shop does not simply run from its obligations, a further commitment of $30,000 annually for the next decade has been offered to be applied toward proper police officer control and other traffic mitigation efforts as they develop.
As your news story correctly points out, the $1.165 million financial commitment agreed to by Stop & Shop also includes:
• A donation of $100,000 to the Tisbury affordable housing trust.
• An annual donation of $10,000 for a period of 10 years to the trust.
• A donation of $150,000 to Habitat for Humanity of Martha’s Vineyard for their exclusive use to finalize the construction of a four-bedroom duplex and to help seed future projects.
• An annual donation of $10,000 a year for 10 years to the town beautification committee for continued upgrades to the downtown area.
• Saving and arranging for relocating the historic house on Cromwell Lane.
• Payment of $165,000 for the renovation and upgrade of improvements to the municipal lot.
• Perpetual responsibility for general maintenance in the municipal parking lot that abuts the store.
Stop & Shop, as noted above, is proposing a new store with a retail footprint just 6,000 square feet larger than the existing store. The building’s extraordinary architecture, designed by Chuck Sullivan of Oak Bluffs and vetted by the town’s historic committee chairman and other local architects, will be an asset to Tisbury, now a gateway to the Vineyard that is unattractive and in disrepair. Stop & Shop in its mitigations and community commitments has gone far beyond the scope and potential impacts of its project, as it has done consistently in all communities it serves.
Albert Einstein once observed, “If facts don’t fit the theory, change the facts.”
We’d prefer to stick to them.
Geoghan Coogan is a Tisbury attorney who represents Stop & Shop. He is a former Tisbury selectman.
Comments
Spare me Mr. Coogan. Is your
Tally VH(retracted by request of author)
If you are going to take
Dan Townes EdgartownIf you are going to take shots at Mr Coogan at the very least have the nerve to post who you are. I find it cowardly and immature to hide behind the computer screen
I'm Tally Jacobson, and I am
Tally VH(retracted by request of author)
I would like to talk to you,
Marie Laursen TisburyI would like to talk to you, Tally. 508-693-4068
Quote: I'm Tally Jacobson,
Neil Off Island(retracted by request of author)
Quote: "And, as a means of
Phil Bush VermontQuote: "And, as a means of insuring Stop &Shop does not simply run from its obligations..." I assure you, Mr. Coogan, the word you are searching for here is ensuring. Perhaps Stop & Shop might employ you as insurance counsel in the future.
Is anyone else exhausted from
Phillip McCavity Oak BluffsIs anyone else exhausted from reading about the proposed Stop and Shop development? Honestly as of today the MVC and Tisbury Board of Selectman are running neck and neck in the race for the most incompetent elected officials on the island.
First, you have the MVC who seems to think they have the right to micro-manage every single aspect of any development on the island. Is it any wonder the city of Edgartown expresses outright contempt for the MVC at almost every opportunity? And lets not forget the 3 stooges on the Tisbury Board of Selectman. First, they vote to accept the mitigation payment with only two of three board members present. Then the absent member raises his objection at the next board meeting asserting he is now uncomfortable with language in the mitigation agreement whereby the town of Tisbury would agree to support the current Stop and Shop development plan before the MVC. I am curious did all three think Stop and Shop was offering to pay almost $1.2 million without any assurances of support from the town of Tisbury? It is almost laughable they were in support of the mitigation payment from Stop and Shop but suddenly all three develop a bout of conscience when it come to actually support Stop and Shop at the MVC.
Martha's Vineyard can't stay in a time warp with respect to commercial redevelopment. The current Stop and Shop building is a dilapidated eye sore at the primary gateway to the island. And the adjacent Caleb Prouty house would be a tear down in any other city in Massachusetts. At present Stop and Shop has publicly they stated are unable to find a single party on the island interested in taking it. .
I have to laugh when you have members on the MVC like Tripp Barnes who seems to have no problem turning his part of lower State Road into a junkyard for old cars and tractor trailers complaining about the Stop and Shop development not fitting with the character of the island.
No one disputes the Vineyard is a special place. It makes sense to try and keep in check development from the McDonald's, Dunkin Donuts and Starbucks of the world. However, groceries are an essential commodity everyone on the island needs. Stop and Shop has presented a development plan that is reasonable in both design and size. It's time for the MVC and town of Tisbury to stop playing politics and start acting like professionals.
I concur Phillip.. Time for
gina nyc/menemshaI concur Phillip.. Time for the powers that be perform professionally.. One can only hope..
Could Attorney Coogan please
Bruce EdgartownCould Attorney Coogan please indicate the Einstein source document for his quote? I can find none and it seems that this may be another of those internet spread spurious attributions. An attorney though must be more thorough and have the source at his fingertips.
Your statement, Mr. Coogan,
Marie Laursen TisburyYour statement, Mr. Coogan, that the new building is "only 6,000 square feet" larger is not supported by the FACTS:
Existing Grocery Stores:
Cronig’s Market……………………………………………19,000 sqft
Edgartown Stop & Shop…………………………………..25,000 sqft
Existing Stop & Shop (including old Midnight farm)……14,500 sqft
Proposed building, encompassing a 100’ x 200’ two story footprint
Proposed building including parking Garage…..…….…40,000 sqft
To follow on one of the
Tom Winsett San FranciscoTo follow on one of the comments made above, I do agree that a relevant question to be asked of Mr. Coogan and Stop & Shop's representative at the next town meeting is the fee arrangement with Mr. Coogan. While success fees are not per se illegal, nor necessarily in violation of the MA code of professional conduct, when viewed in light of the substantial payment proposed to the town of Tisbury in order to gain approval of the project, coupled with Mr. Coogan's resume as a former member of the town selectmen, it begs the question of whether such proposed payment and the two-member vote to accept such payment in preemption of the MVC vote on the matter could be construed as a quid pro quo in violation of numerous rules of professional conduct, not to mention the implication of certain MA and federal statues involving bribery and racketeering, I have to imagine that Stop & Shop's parent, Ahold, has a sophisticated in-house legal department, but for what my two cents is worth, I would advise Stop & Shop to tread carefully with Mr. Coogan. I fully support the project and think a more aesthetically pleasing structure on that site would be advantageous to Vineyard Haven, but the lawyer's tactics in this case (including writing this defensive op-ed, or any op ed for that matter while representing a client in an active approval process, belie experience that one would think Ahold should find acceptable). I for one, as a Vineyard Haven summer resident, would hate to see the project scuttled and the town plunged into civil and criminal litigation over this poor process.
(First) Go down to the
Dana VH(First) Go down to the Tisbury S&S and look at the "height pole" set up for us all to see. This took them over 3 months to erect after numerous promises.
Now imagine that height extending from Water St to Cromwell Lane. Then from the parking lot along Water St. to the south side of the Chinese restaurant building. The perspective from up close or from the SSA is dauntingly overwhelming.
(Secondly) The Farce about the MOA Tisbury BOS signed is that Ahold and S&S New England profits every year in the 100's of millions. What is 1.165 million dollars spread out over ten yrs compared to the 100's of millions in profit they are making? $116,500 a year! In that sum where are the real items of Town necessities addressed. The traffic solution? A single traffic officer costs more than 30 grand a year. two are going to be needed.
(Thirdly) Seriously look at the impacts that unbiased Professionals have informed us, the MVC, the BOS and with articles in the news paper. These are not S&S paid contractors.
(Fourth) When dealing with the BOS, MVC officials and others, who have voices of authority, their speak is not always the full truth. Many times their voices exaggerate and/or manipulate facts. Get the information and form your own opinions, NOT ones that are being spoon feed. This information is free and available on line.
(Fifth) The S&S could have gone directly to the MVC skipping over the Town mitigation. But in doing so the S&S would have had to get approval afterwards from the Town of Tisbury, to have all their entrances onto what is conceptually private property (Municipal parking lot). As of today there are no easements or licenses from the Town of Tisbury to the S&S allowing for this trespassing.
Here are things to inform yourselves on:
1. The incredible mass of over 48,964 +-sq ft mass.
2. The loss of down town green space.
3. The possible loss of the historic Prouty House
4. Traffic flows off and on season in down town VH and Water St.
5. No pedestrian safe guards along side the proposed store.
6. The Coastal Flood Zone.
7. Monopolizing the Town parking lot to the disadvantage of the Main St retailers and we Islanders to pick up friends and family from the SS Ferry.
8.Tractor Trailer trucks in and out of the town parking lot (Private Property)
This is a huge project and uninformed people should voice out once they have investigated the facts.
I believe there is a need for a new store but not maxed out from 16 thousand sq ft to 48 thousand sq ft. The Island citizens need to know that this 48,000 sq ft project is an off island style "MALL" experience and NOT ONE that can be for the island or villages of MV.
Check these articles.
http://online.wsj.com/news/articles/SB100014240527023038013045794082303…
http://www.reuters.com/article/2013/08/22/ahold-earnings-idUSL6N0GN2IP2…
I'd expect an attorney to
Neil Off Island(retracted by request of author)
I'd like to retract my
Tally VhI'd like to retract my comments. I think my emotional stance against the Stop & Shop project got the best of my and I was perhaps too harsh in my criticism. Very best, Tally
As Mr Tally Jacobson has
Neil Off IslandAs Mr Tally Jacobson has decided to retract his comments, there is no longer justification for my responses. Please delete my comments and I thank Mr Jacobson for his civility in this matter.
I would liketo clarify and
Marie Laursen TisburyI would liketo clarify and correct my misstatement in my previous comment. Mr. Coogan's statement that "a new store with a retail footprint just 6,000 square feet larger than the existing store" is very misleading. This store will have an overall square footage of well over 40,000 square feet and will be 41 feet high at Beach Road. In my comments (above) I simply wish to point out the "big box" nature of the proposed structure.
What Mr. Coogan I believe is
Dana H VHWhat Mr. Coogan I believe is referring to is that the sq footage is inclusive of each floor in both the Chinese food building and the Historical house on Cromwell. That means the sq ftg on the first floor and the sq ftg on the second floor.
This is what I refer to when I ask that the readers inform themselves of this type of information.
The building will be approximately 39' +- from a point on Water St. This info is also on the correspondence section of the MVC website.
And in total including the garage, prep areas on the ground floor will be 48,985 sq ft. Of that, the grocery and prep areas will be close to 30,000 sq ft.
Keep informed
Add new comment