Tag: 20 Central Street Appeal

Court Ruling on Procedural Issues, Issues Stern Warning to Developer

The stage is set for a fall ruling on multiple aspects of the 20 Central St. hotel development. Developer rolls the dice with construction.

A court ruling on procedural issues and scheduling was released on Wednesday, July 14. Justice Mallonee enumerated the following points in the court ruling:

  • Granted the plaintiff’s motion to amend the complaint, including appeal of the recent Zoning Board of Appeals decision on the building permit issuance.
  • Denied the Town of Rockport’s motion to dismiss the case(s)
  • Outlined a schedule of briefings leading up to final submissions on September 7. Oral arguments are to be scheduled “as soon as possible after completion of briefing.”
  • Declined to issue either a preliminary injunction or stay.

The Court went on to say “Although the court has declined to enter either a preliminary injunction or stay, and declines to do so today, it has signaled to 20 Central with what it hopes is unmistakable clarity that in the event either set of plaintiffs prevails, and the court is required to assess remedies, it will not be constrained by the risk 20 Central assumed by continuing construction as these cases were pending.”

Penobscot Bay Pilot addressed the Court’s order on Friday, though misinterpreting the decision on inclusion of appeal to the Court of the most recent ZBA action on the building permit.

New Appeal Filed

Concerned residents have filed a new appeal to the Superior Court of Knox County seeking to remand the Planning Board approval of a proposed hotel in Rockport Village. Learn more here.

Friends of Rockport continues lending support to village residents seeking fair and full application of the Land Use Ordinance. These residents appealed the Zoning Board of Appeals confirmation of the Planning Board approval of the proposed hotel. At the same time, the residents filed a request for a temporary restraining order to halt construction during the appeal. The issues remain consistent: preservation of scenic views; traffic, safety and parking implications; light and noise pollution; and architectural compatibility with neighboring properties. The difference is that this appeal will be before an impartial judge, outside of the local politics of Rockport. The Land Use Ordinance and Comprehensive Plan are clear in these areas, and an impartial jurist should quickly and readily acknowledge these facts.

You already know how the developer has since changed the design from what was approved by the Planning Board. The open-air, top-floor event space, architectural design changes to the approved exterior, higher capacity lobby restaurant, and more warrant attention from the Code Enforcement Officer. So, how can you help? You can start by writing to the Town Manager, Bill Post, and the Code Enforcement Officer, Scott Bickford. Tell them you want the LUO enforced. Tell them that the changes from the approved site plan are unacceptable, and you want the plan sent back to the Planning Board. Then you can join us at Planning Board meetings to voice your views. This sliding photo comparison gives you some sense for the changes just in the front of the building.

Central St. view, Proposed HotelNow planned version of Central Street view

You can also show your support financially by donating to the Friends of Rockport. Learn how to do that here. You can donate by check or online with your credit or debit card. This is not an easy fight as the developer and the town very much want this hotel to happen as designed, regardless of the LUO or your opinion.

Hotel Satellite Parking

The proposed hotel on Central Street in Rockport cannot comply with the off-street parking requirements adjacent to the property. So, here’s their solution.

The proposed hotel on Central Street in Rockport in part hinges upon the first of its kind notion of satellite parking in Rockport. The scheme, of course, is that the hotel will have provided fully compliant parking under the Land Use Ordinance by way of having some 35 spaces nearly a mile away on Route 1 – the far end of the old Hoboken Gardens. One might imagine that the homeowners along Pascal Avenue with the ‘caution children playing’ signs might not like the notion of shuttles, extra cars, or even ‘electric scooters’ as the applicant has suggested rushing back and forth at all hours. The applicants are unmoved by any concern for safety, traffic, or parking implications.

Interestingly through the appeal process, the appellants have noted some procedural issues with the approval of the satellite parking itself. If you are not aware, they propose leasing space behind what is now the Guinea Ridge Farms greenhouses. You may recall, as most do, that has long been a storage yard for Farley & Sons. What you may really like is how Sarah Gilbert, counsel for the applicant, asserts in her latest written submission to the Zoning Board of Appeals “There is competent evidence in the record to support the Planning Board’s conclusion that the Hoboken Lot has an existing use as a parking lot….” She goes on to state “The referenced C-1 submission from the applicant’s expert, as previously discussed, contains an explicit notation that such parking spots at the Hoboken Lot constitute an existing use….”

These photos were taken today, December 10, 2020. Like Where’s Waldo? we challenge Ms. Gilbert, the applicant’s expert, or anyone to identify the existing parking spaces in these photos.

  • 310 Commercial Street existing parking lot
    Applicant’s existing parking lot at 310 Commercial Street for your consideration