To Mattapoisett Select Board,
On December 1, 2022, Sky Development Ltd. submitted a proposal per the requirements of the RFP#22-26 to develop the former fire station at 26 County Road into a full scale grocery store.
Pursuant to the RPF a Purchase and Sale should have been provided by January 31, 2023. On February 27, 2023 I was finally provided a draft Purchase and Sale for review. I sent said Purchase and Sale to my Attorney for review. Per section 10 of the RPF we were already a month past the time to have a mutually agreeable Purchase and Sale Agreement executed. After review I instructed my attorney to send back the Agreement with proposed changes. During this time, I had a hold on my bid funds as I was unsure what was supposed to happen with the funds.
Also while reviewing the Purchase and Sale, several terms were included that were not disclosed in the RPF, which could have caused a issue with financing.
While reviewing the P&S I was informed that the Town tried to cash by bid deposit check and the Town was informed there was a hold. I instructed my Attorney to tell Town counsel the proper deposit would be tendered on the execution of a mutually agreeable P&S. I was informed that unless I tendered a good check for the bid deposit that the Town could cash my proposal would now be deemed non responsive.
Rather than proceed to negotiate the terms of the P&S, Mattapoisett Town Counsel in fact deemed by proposal ‘Non-Responsive’ and has been attempting to sell the building to the next bidder for less than 50% of my proposed offer.
According to M.G.L chapter 30B Section 16, referenced in the RFP the Town of Mattapoisett will need to publish its decision with the state as to why it has decided to sell this property a price less than the value set per the RFP.
For anyone interested in what could have been created with the help and partnership of the Town of Mattapoisett, I am listing here the simple, thoughtful, sensible requests made within the P&S:
-Approve the market buildout.
-Waive the permitting fees.
-Grandfather the existing bathrooms.
-Approve our drawn expanded parking.
-Remediate or accept any mentioned lead paint.
-Approve exterior layout including dining and child play area.
As a commercial Business Taxpayer and property owner in Mattapoisett I am taken aback at how flippant Town Counsel was with the Purchase and Sale negotiation and disregard for a proposal which is netting the Town more than twice the second proposal. I am sure that other taxpayers in Town will not take this information lightly.
As productive member of our community, I am extremely disappointed with the speed at which Town Council has kicked aside a ‘we the people’ project, avoided the opportunity to work with someone clearly interested in citizen oriented development, and has forced the Town into accepting far less for their asset.
Michael Sudofsky
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Based upon the P&S conditions listed by the bidder I don’t see how this can be accepted as it has building dept implications that are out of the control of Town executives. Also, the payment bond is an issue. I don’t see how this bid can be acceptable as it is non responsive.