Zoning Board of Appeals review of building permit

The Zoning Board of Appeals review of the building permit appeal is June 30 at 5:30PM in the Rockport Opera House and via livestream. This review is all about the difference between what the Planning Board approved and what the town Code Enforcement Officer (CEO) approved by issuing a building permit. You have seen many of the elements in the appeal relating to changes in use and changes in design. It is important to recap the biggest ones ahead of the hearing to seek your involvement in the process.

Changes in Use – The most troublesome change from the planning board’s site plan approval to the CEO’s approved building permit relates to the use changes in the public spaces. During the Planning Board hearings, the top floor public space was characterized as a “top level restaurant (+/- 60 seats) [which] will be busiest in the afternoon and evening.” Yet, the plan submitted to the CEO is a 132-seat event space. Similarly, during the hearings the developer said of the street level space “the main function of the lower level restaurant (+/- 24 seats) will be breakfast for the guests.” This space was submitted as 34 seats with a bar (no seating shown there) and piano. Taken together, this is a 98% increase in seating – 84 to 166. Most telling is what the developer said to The Camden Herald on November 13, 2020. The article said “In the summer of 2022 or 2023, a wedding reception may be held on the top floor of a new hotel in downtown Rockport, giving the revelers an unparalleled view of the scenic harbor. Downstairs in the bar and lounge area, a visiting musician may take a turn at the baby grand piano, entertaining other guests.” How does the town CEO unilaterally allow for such a significant change in use from the Planning Board approved site plan? What is the point of the site plan review process if agreed upon parameters are not honored by the town?

Changes in Design – Aside from the uses and related parking requirements, the site plan review looks primarily at the exterior of the proposed building. As you can see here, there were myriad design changes from the planning board approval. The developer will likely argue these are immaterial. The sheer number of changes, though, runs roughshod over already debatable Land Use Ordinance (LUO) compliance. Recall that section 1003.2 of the LUO requires “The architectural design of structures and their materials and colors shall be visually harmonious with the overall appearance of neighboring structures.” The most egregious change is the appearance of a retractable roof over the top floor public space. Despite all the talk about light and noise concerns from the property, the developer decided to dramatically worsen both … so far getting away with it. Here, again, the CEO has unilaterally approved something wildly different from the Planning Board approved site plan. How is that possible? Particularly galling is the fact that unlike the site plan approval process, the building permit review is done without public oversight. All we can do is appeal to our fellow citizens on the ZBA to rein in the CEO.

These big issues demand the ZBA invalidate the building permit and remand the new design to the Planning Board for review. With the hearing coming on June 30, now is your time to be heard on this matter. Please send your thoughts by email to Town Planner Orion Thomas, and request that he pass along to the ZBA for consideration.