ADVOCACY NEWS
Surfside Crossing Appeals Update The appeals surrounding the proposed Surfside Crossing 40B development have been proceeding throughout this year. The Housing Appeals Committee (HAC), the state agency charged with reviewing the developers’ appeal of the Nantucket Zoning Board of Appeals (ZBA) Comprehensive Permit, denied the Nantucket Land Council’s motion to intervene as a party in their proceedings. They also made a determination that the brand new plans to construct 156 condominium units in 18 buildings, (as opposed to the 60 mixed units permitted by the ZBA), was not a substantial change and did not need to be remanded back to the Board for local review and approval. The Nantucket Land Council and the Nantucket ZBA appealed these two decisions, respectively, to Superior Court. While the ZBA’s appeal, as an official party to the HAC proceedings, will not be heard until the agency issues a final decision on the permit, the NLC appeared before Superior Court early in May to appeal its denial of intervention in the Housing Appeals Committee hearings. The HAC based their denial, in part, on their conclusion that the preservation of open space is not an interest for consideration by the agency under Chapter 40B. The NLC maintained that this was an error of law as Chapter 40B clearly includes the preservation of open spaces as one criteria for consideration when determining if a development proposal is “consistent with local needs.” The NLC was thrilled to receive a favorable decision from the Court on June 22 stating that the HAC improperly refused to allow NLC to intervene and corrected their “abuse of discretion and error of law”, holding unequivocally that “chapter 40B does protect interests in preservation of open space.” In addition to this pathbreaking ruling, the Court also found that NLC had legal standing to challenge the comprehensive permit, and may now participate as a party when the HAC rehears the matter. NLC staff and attorneys attended the HAC’s South Shore Road site visit on May 13th with an unprecedented turnout of concerned residents showing opposition to this oversized and hugely impactful project. The NLC is proud to be fighting alongside the Town and so many community members to address all of our local rights and needs. For more information and further updates visit nantucketlandcouncil.org.
Middle photo at right: NLC Executive Director Emily Molden with attorneys Peter Fenn and Dennis Murphy at the Surfside Crossing site visit, joined by over 100 concerned residents.
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