Another Demoulas lawsuit bites the dust!
Court tosses Demoulas complaint; Stop & Shop gets OK for Chelmsford
By Rita Savard,
rsavard@lowellsun.comArticle Last Updated: 09/09/2008 08:26:05 AM EDT
CHELMSFORD -- The abandoned Route 3 Cinema could finally meet the wrecking ball to make way for a new Super Stop & Shop.
The state Land Court has ruled to uphold the Chelmsford Planning Board's decision to let the grocery chain build on the Chelmsford Street site, about a quarter-mile over the Lowell border, ending a seven-year legal battle with the Demoulas family, which owns a Market Basket store directly across the street in East Gate Plaza. Chelmsford Street is also known as Route 110.
Town Manager Paul Cohen said the court's decision is good news for Chelmsford, allowing for a long-overdue face-lift of a blighted property anchored on a major roadway. Cohen also applauded the Planning Board for its attention to detail.
"They act very deliberately," Cohen said. "Sometimes it seems almost painstakingly deliberate. But they want voted decisions that can be supported on an appeal like this one."
Construction was halted on the Super Stop & Shop when the owner of East Gate Plaza appealed the project's permits. The lawsuit was filed by Valley Properties Inc., a branch of Market Basket. At the time, the president of the company was Telemachus "Mike" Demoulas, who died in 2003. The corporation's current president is Arthur T. Demoulas. The Demoulas family founded and owns Tewksbury-based Market Basket.
The lawsuit claimed the permits violated town bylaws and that Stop & Shop's plans were altered after the close of public hearings.
Representatives for Demoulas were unable to be reached last night.
The approval process for Stop & Shop took more than nine months to wind its way through various town boards, beginning in December 2000 and wrapping up in the fall of 2001.
This was not the first time Demoulas filed a lawsuit to squash potential developments that would directly compete with a Market Basket store.
A year before Stop & Shop laid out plans to take on Market Basket in Chelmsford, Maine-based Hannaford Bros. planned to build a Shop 'n' Save store at 777 Rogers St., in Lowell, directly across from Stadium Plaza, which includes a Market Basket.
That project was tied up in court for five years, with a Land Court judge ruling in favor of the Lowell Zoning Board of Appeals and the Planning Board's decisions to grant permits for Hannaford to build in Belvidere. That store opened two years ago.
Cohen said Stop & Shop could begin construction in Chelmsford any time after Sept. 25, when the supermarket chain will be able to pull building permits.
In 2001, the Planning Board had approved the project with 287 parking spaces for a 76,000-square-foot supermarket. Fifteen of those spaces were designated for users of the Bruce Freeman bike path.
Stop & Shop officials had planned to close the store near Central Square, across from the Chelmsford Public Library, when the new Super Stop & Shop was built.
"Hopefully, this party can finally move forward," Cohen said.