The Court’s rulings were clear. With respect to parking, “in this court’s view, for the Planning Board to make a factual decision on 20 Central’s application, it had to consider all the overlapping burdens on the limited parking downtown. It could not simply and out of context attribute a minimum number of spaces to the project.” Further stating “specifically, with respect to off-site parking, remand is necessary for the Board to consider and enter findings of fact regarding the parking requirements that were actually waived for Union Hall and the extent to which the Sandy’s Way lot is shared with other establishments and with the general public.” As for architectural harmony the Court erroneously concluded, “Plaintiffs now confine their challenge to the balconies that extend from every guest room on the front facade of the hotel.” Yes, the balconies are among the most obvious variations from the neighboring historic properties, but the sea of glass on the rear façade is equally glaring and many other aspects of the design, including the elimination of the scenic view (not only on the 20 Central lot, but also a portion of the 18 Central lot), diverge from section 1003. We have not ever limited the scope of our complaint. The Court further ruled on January 2, 2022, “The court declares as a matter of law that amendments to the Town Charter designated as Petition A and Petition B apply to 20 Central’s hotel project.” This means that the hotel may have no more than 20 rooms and a parking study paid by the applicant must be reviewed prior to approval of any off-site parking. As a result, the Court reversed approval of the building permit and remanded the project to the Code Enforcement Office after further review by the Planning Board. Finally, the Court has scheduled post-judgment motions with submissions running through February 7, 2022.
With that backdrop, the Rockport Planning Board met on January 27, 2022, to take up the remand ordered by Honorable Bruce C. Mallonee on December 1, 2021, with further refinement on January 2, 2022. “The matter shall be remanded to the Planning Board for reconsideration of 20 Central’s site plan application with respect to adequacy of parking and compliance with standards for architectural harmony.” Of course, the Planning Board upheld all their prior rulings during the meeting, without having received the required parking study or even referencing the independent parking study provided by Friends of Rockport. For instance, the Planning Board ruled that the parking behind the Central Street buildings known as Sandy’s Way is not “shared parking.” In so doing, they ignored all prior Planning Board allocations of parking in the lot, including parking for 18 Central Street (Shepherd Block) and 22 Central Street (Martin Block). Mind you, Will Gartley (spokesman for the developer) said in the December 19, 2019, Planning Board meeting “They (the developers) plan to manage the parking in Rockport in a similar manner which includes the following: by continuing to employ the shared use of 49 existing parking spaces.” He later added “clearly there’s a lot of different uses going on, a lot of different timings, a lot of overlaps, and so that’s the way they plan to continue having that happen….” Yes, they ignored that, testimony on behalf of the developers, too.
The Planning Board also concluded that parking requirements were totally waived for 24 Central Street (Union Hall). This disregards the developer’s intentions with respect to the available off-street parking (what is now Sandy’s Way). The developer’s submission speaks to the parking requirements in these words “additional parking for Union Hall and the applicant’s other properties along Central Street has been provided in a previously approved Site Plan Amendment for the Shepherd Block.” They outline the requirements of 27-31 spaces and go on to say, “These parking needs will almost entirely be satisfied within the parking lot expansion mentioned above, which will provide an additional 25 spaces.” Their application goes on to say, “The second-floor space, “Union Hall” is a grandfathered use and parking will be taken care of on a “per event” basis, similar to the Opera House. Based on above and especially due to the creation of badly needed pedestrian-friendly access to the building, we believe this standard is easily met or exceeded by the plan.” Not surprisingly, representatives for Leucadia when proposing the 2012 renovations to Union Hall also stated, “This restaurant (now Nina June) will have shared access to the rear parking lot which is planned for expansion.” In that August 8, 2012 meeting, Planning Board chair Kerry Leichtman wrapped up the parking discussion saying, “He did not feel grand-fathering would be applicable, due to the change of use, and suggested that waiving the parking regulations would be the smartest thing to do. He said the developers would have to work on the fact that there was parking, but not parking awareness.” The board then voted “to waive the parking space regulations for this project.” That sentence and none of the context is what the current Planning Board chose to read and adopt as the agreement from 2012.
We are left to determine how the town intends to handle the application of the two ordinance revisions now applicable to the project. Nor do we know yet the outcome of the post-judgment motions to be heard sometime after February 7, 2022.