Land Court Ruling Clears Way for Stop & Shop Expansion

<p>A state land court judge has denied repeated claims from attorney and abutter Benjamin Hall Jr. that shadows and noise from the development would adversely affect his property.</p>

The long-stalled Edgartown Stop & Shop expansion project appears to be back on a front burner, after a state land court judge denied repeated claims from an abutter that shadows and noise from the development would adversely affect his property.

In a 21-page decision issued July 12, Massachusetts land court judge Hon. Diane Rubin granted summary judgment to Stop & Shop — affirming the Edgartown planning board’s 2018 approval of the project, and rejecting claims of aggrievement by attorney and abutter Benjamin Hall Jr.

Judge Rubin also declined to consider several late filings from Mr. Hall, clearing the way for Stop & Shop to begin construction on the major expansion at the busy Edgartown store.

“I conclude that the Stop & Shop defendants have successfully rebutted [Mr. Hall’s] presumption of standing, and that the [Hall family] trust has failed to come forward with evidence to substantiate its allegation of aggrievement,” Judge Rubin wrote in part.

Approved by the Martha’s Vineyard Commission in early 2018 and the Edgartown planning board last summer, the Stop & Shop expansion project was due to begin last fall. Among other things the plan calls for adding some 15,000 square feet of space to the store and redesigning and reconfiguring the parking lot.

Mr. Hall appealed late last summer, stalling a project that had already been three years in the works. The court appeal claimed among other things that the permitting process was flawed; in later filings Mr. Hall argued that the noise and shadow impacts from construction would decrease his property value.

According to documents filed in court, Mr. Hall resides at 14 Cyprien Way. Edgartown assessor records indicate that the quarter-acre abutting parcel shares a 92-foot border with the north side of the property owned by the supermarket. It also includes a 1,356-square foot ranch home, assessed in 2018 at $537,600.

The court appeal has dragged on through the winter, with Mr. Hall repeatedly requesting extensions for filing deadlines.

Eventually, Stop & Shop filed a motion for summary judgment. A telephone hearing on the motion was held at the end of May, court records show. In court filings, Mr. Hall said despite the shadows from the supermarket building that already existed in the winter months, the new construction would cause undue harm to his property “because the sun comes up every day and goes down every day.”

In her decision last week, Judge Rubin disagreed.

“This speculation cannot serve as the basis for a finding of standing,” the judge wrote.

She went on to dismiss all claims of aggrievement, stating that a noise study indicated acoustic disturbance from the project would not exceed Massachusetts DEP noise standards. She also said a shadow-impact study determined the proposed project would only cast a “de minimus” amount of additional shadow on Mr. Hall’s property, rejecting what she described as “vague and generalized concern about a loss of property value” from the project. Judge Rubin also said no financial damages would be awarded.

In court documents, Stop & Shop attorneys said the store hopes to begin construction this fall.

Comments

Submitted by Anonymous (not verified) on Mon, 07/15/2019 - 15:54

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Steve Chilmark.

Well, I guess you have paved the way for Burger King and Applebee’s. We have a pot factory here in Vineyard Haven, gambling halls coming in fast up island - why don't we just build a bridge a bridge and call it a day. Brace yourselves --/

Submitted by Anonymous (not verified) on Mon, 07/15/2019 - 16:02

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Dean Rosenthal Edgartown

Wasted time by Mr. Hall. From the face of it, the argument sounded specious at best.

Submitted by Anonymous (not verified) on Mon, 07/15/2019 - 16:21

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Jim Edgartown

I am so happy we were able to knock this one out of the park. We should all celebrate because we finally have a decent and affordable alternative to our food. The monopoly is over with the other store (I will not mention by name) and they will have to compete - It's a new beginning!

Submitted by Anonymous (not verified) on Mon, 07/15/2019 - 17:28

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Mike WT

Hurray,
And no financial damages would be awarded.

Pound salt

Submitted by Anonymous (not verified) on Mon, 07/15/2019 - 18:08

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T Bone Oak Bluffs

Double victory -- Stop & Shop wins and Ben Hall loses. I'm looking forward to the improved S&S.

Submitted by Anonymous (not verified) on Mon, 07/15/2019 - 19:38

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here we go again edg

Oak bluffs movie theater. LOSE. Yellow house. LOSE. Stop and shop. LOSE. Three strikes you're out.

Submitted by Anonymous (not verified) on Tue, 07/16/2019 - 06:42

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Tisbury voter Vineyard haven mass

Let's hope that Tisbury Stop and Shop is next,we should be looking and shopping in a new one already ,disturbing that a few people can stop a really needed new grocery store.

Submitted by Anonymous (not verified) on Tue, 07/16/2019 - 07:17

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MARK E TIMER EDGTN

Why is it that the Halls always seem to be part of the problem rather than the solution?

Submitted by Anonymous (not verified) on Tue, 07/16/2019 - 08:48

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James Kozak Vineyard Haven

Hahahaha! All you celebrating while Ben Hall readies his appeal.
Did you all actually think this was over? Haha!

Submitted by Anonymous (not verified) on Tue, 07/16/2019 - 10:10

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Rita Edgartown

Finally! I sincerely hope that along with the expansion and improvements of S&S, the traffic flow in and out of the complex will be addressed, too. The triangle is bad enough but then you have to deal with the traffic in and out of the current parking lot for S&S. (Maybe a better name is 'Stop & Stop'?)

Submitted by Anonymous (not verified) on Tue, 07/16/2019 - 10:55

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Mark OB resident

CONGRATS! Heres to more room to move around and better selections Nd parking. GLAD TO HEAR IT!;

Submitted by Anonymous (not verified) on Tue, 07/16/2019 - 11:08

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Nelson Sigelman Vineyard Haven

A left turning lane for inbound drivers accessing the Stop and Shop parking lot would be a nice addition to the ripe avocados.

William Edg

Couldn't agree more. A turning lane is the only hope for any relief at the ever worsening Triangle traffic debacle.

R Scott Patterson Edgartown

I'm not sure how changing the SS parking lot is going to fix the actual traffic problem in Edgartown which is the triangle and of course the fact that there are just too many vehicles on MV in july/august.

Submitted by Anonymous (not verified) on Tue, 07/16/2019 - 18:21

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Mark Lucier Edgartown

The people that complain the most about the eight weeks of heavy traffic are the ones who cause it.

Submitted by Anonymous (not verified) on Tue, 07/16/2019 - 20:26

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RT Vineyard Haven

From a former S&S manager, the plan is to complete renovations in Edgartown, and then focus on Vineyard Haven.

Submitted by Anonymous (not verified) on Wed, 07/17/2019 - 06:19

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Happy

Yippeee! Let’s get started. As an Edgartown resident, I’m happy to see this. Let the expansion begin.

Submitted by Anonymous (not verified) on Wed, 07/17/2019 - 12:32

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Greg Edgartown

Yes!

gina Menemsha /nyc

Good point Bill. Every time I call A T & T they claim there's maintenance being done on their Peaked Hill Tower & also that there's too much phone traffic.. So even they are aware of the traffic problem on Island during the peak visitor months.. But for some reason I don't 'recall a designated turn off lane as part of the new S & S expansion plan.. Guess the Edgartown Planning Board isn't concerned about the heavy Traffic situation .. .

Apulli D Edgartown

If you have Verizon get yourself a Network Extender - attaches to your Wifi and acts like a cell phone tower in your home. Great service all the time.

Submitted by Anonymous (not verified) on Thu, 07/18/2019 - 09:38

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Amanda Trayes Edgartown

Of course we need a larger Stop & Shop, but what about the TRAFFIC?! Who is going to address the nightmare that is the back-up at the Triangle, due primarily to Stop & Shop? Cannot believe the town is blithely moving ahead with the expansion without addressing this key issue.

here we go again edg

I agree that the traffic back up at the triangle is a problem. A partial solution would be for a 'connector' road from the Edg VH road to the Edg west Tisbury road. Out of respect for the current residents we cannot use Pennywise path, however there IS a logical solution. Put a road through the 'Hallsgate' property. And since the Halls decided to 'help' with this lawsuit, they can 'help' by using their road through that development that never materialized. No need to spend money on eminent domain land taking, just widen and pave the road through hallsgate.

Submitted by Anonymous (not verified) on Tue, 07/23/2019 - 12:57

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Marie

About 15 years ago Pathmark wanted to build a superstore at the airport. That was not well received.

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