Surfside Crossing Appeals Update—pg

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.

To Whom it May Concern, As a neighbor to the proposed project, I am writing to urge your committee to vote no on the Surfside Crossing 40B housing proposal on Nantucket. Nantucket is currently struggling under its own weight of existing pressure on natural resources; water and energy. This development will exacerbate an already burgeoning problem. Our year round population has ballooned in recent years, especially during the pandemic, as more folks bought houses here and the seasonality of the island continues to lengthen into the shoulder seasons. We don’t even know yet how these population changes will affect our natural resources. More data is needed before more development, especially of this density and scale, is allowed. I strongly believe this will upset not only the natural environment, flora and fauna surrounding this area, but also the existing community’s quality of life very deeply. I sincerely hope that the project can be reworked to actually meet the needs of both preserving our natural landscape and resources, and also the needs of the year round community. As this project stands, it does none of these things. Sincerely, Leah Mojer Nantucket resident This heartfelt letter of concern was sent to the Housing Appeals Committee (HAC) who is reviewing the Surfside Crossing appeal. We encourage everyone to make their voices heard in one way or another on critical issues such as this. We thank Leah for her participation and advocacy during the Surfside Crossing appeal process.

C O M M U N I T Y N E W S

2021 Nantucket Trashtag

Join the Nantucket Land Council Associates for an island-wide #NantucketTrashtag beach cleanup! Throughout the entire month of August the Nantucket Land Council Associates group is organizing a Nantucket Beach Cleanup to help rid our island of litter. We encourage you to get out and clean your favorite beach and roadside and track your collection to our group event using the free Clean Swell app. Together we can make a HUGE impact! Simply bring your gloves and bags to a beach (or trail or street) near you any time during the month of August and collect the trash you find! Once you’ve filled your bag, download the free Clean Swell app and upload your collection (i.e. how many plastic bottles, balloons, glass bottles, etc) and our group impact will be automatically tallied! Take a picture of yourself and your family, and post to social media with the hashtag #NantucketTrashtag and be sure to tag @nantucketlandcouncil! On Saturday, August 21, we will have a group cleanup starting at the corner of Miacomet Road and Surfside Road. Meet us there and help us clean the major roads leading to some of Nantucket’s most popular beaches. We encourage you to bring your own gardening gloves and paper bags rather than disposable gloves or plastic bags. Burlap bags will also be available! A huge thanks to Nantucket Clean Team and Nantucket DPW for helping us with this massive month long cleanup!