Property owner blocks town's parking plans
Published on July 22nd, 1998
STONEHAM, MA - The Town Common/Parking Committee is moving ahead with its plans for a municipal parking lot despite the holdout of one of the three property owners whose building is slated to be demolished.
Roy Costa, owner of property at 14 Franklin Street and proprietor of Costa Auto Body, has refused relocation offers from the town, a move which could jeopardize the construction dates for the lot and force litigation on the part of the town.
Project Manager Joe Slavet told his fellow members, "He wants to be (relocated) on Franklin Street. He wants to be on Main Street. He just doesn't want to face reality. It's been difficult."
Slavet said negotiations have been even harder due to the fact that Costa has yet to hire an attorney to aid in the process.
The Committee has set an August 31 deadline for Costa to agree to terms with the town. If this deadline is not met, Slavet said the town may be forced to go to court for enforcement.
Costa, reached last week by the Independent, said that the town has not made any reasonable offers for relocation.
"They're supposed to assist us in relocating to a similar site and there isn't any locally," he explained. "I have been in business for 30 years total and I've been here in Stoneham for the last 18 years. Both of us (he and his tenant Paul Flood, owner of Flood's Service Center) rely on the residents of Stoneham."
Costa said that he has been treated unfairly by the town. He claims that, he could never find a suitable piece of property and a suitable structure for his business in this town for $330,000 (the amount of money the town has appropriated for purchasing his property).
"I try to be a supportive business owner here and I've gotten trapped like road kill," he said. "They show me a couple of properties around town tucked away in alleyways and expect me to move there. I can't do that."
Another option the town has proposed to Costa is relocating to the Yamaha dealership which is willing to sell its land at 163 Main Street in Reading, just across the Stoneham/Reading town line. Costa said there are two problems with this property: 1. the asking price is about $700,000, and 2. the building on the site does not conform to the usage he requires.
"This (building) belongs to me," he said. "I owned it. I was getting to the point where I was starting to look ahead and think of retirement.
"I don't want to have to bust my hump (to meet mortgage payments)."
The town has already purchased property at 2-4 Fuller Street and has entered into negotiations with the owner of 6 Fuller Street. Town Administrator Jeffrey Nutting said that the asking price for 6 Fuller Street has been contested, but relocating procedures for a number of businesses which occupy that building are moving fairly smoothly.
The largest hurdle for the town, he said, is Costa.
"Mr. Costa has never entered into any discussion with the town," Nutting said. "We've made a number of attempts to get him to come and meet with us, but he refuses to."
Committee member Don Borchelt said that the August 31 deadline must be upheld, but said his outlook on litigation for the case is not good.
"All of this has to be enforced," Borchelt said. "You guys reviewing the cases, I'd bet, would have to go back a long way to find a municipality which was successful in getting an eviction for a business."
He told the committee that state courts have usually sided with business owners in this type of case because, many times, a reasonable site for relocation cannot be found.
Costa said that he will gladly go to court to protect his and his tenant's business interest.
"I really don't see any way around (a court case)," he said. "My position is, give me something comparable to what I've got and they can't. They came in here and flexed their muscles and said here you go. These guys have been coming in here and throwing peanuts and expecting me to take (the deal).
"(Flood) has a home and a family. What are they going to do? push him out on the street.?"
Plans for the 90-space parking lot were approved at last month's Town Common/Parking Committee meeting. The Committee hopes to have demolition under way by September.
Subscribe and get Home Delivery of The Independent
Save 36% off the newstand price — that's like 18 FREE issues!