|
|
Tides abutters lose challenge
Banner Daily Update posted Sun. Oct. 7
By Pru Sowers
Banner Staff
PROVINCETOWN – A last-ditch effort to introduce new evidence into the dispute over a proposed housing development on the site of the former Tides Motel failed Thursday when members of the zoning board of appeals voted to allow the project to go ahead.
The ZBA voted 5-0 to dismiss complaints filed by 27 abutters to the property challenging the size of the luxury homes approved for the 10-lot subdivision. The abutters had argued that two decisions made in July by building commissioner Matt Mulvey ran counter to zoning bylaws and should be overturned.
One Mulvey ruling stated that the building permits for the development had not expired despite being suspended for a short period of time. The abutters also claimed that an incorrect scale calculation was used to determine the proposed size of the homes.
Brian Wall, the attorney for the abutters, had asked to submit new information to the ZBA on Thursday that answered some questions board members had voiced earlier about the size of the one house currently being built on the property. However, since the public hearing portion of the case had been closed, board chair Patrick Eleey said the information could not be heard without reopening the public hearing and allowing Jamie Veara, the attorney representing developer Bill Gordon, to respond.
As a result, the ZBA based its rejection of the abutters’ challenge on testimony from Mulvey that while the original scale calculations were done incorrectly by former building inspector Richard Anderson, the developer had submitted new calculations that were based on information from the Provincetown Assessors Office, as zoning bylaws require.
“It’s in the bylaws that we depend on the assessors office,” said ZBA member Elizabeth Verde.
“I don’t see how we can go against proper calculations,” Eleey added.
Wall said on Thursday he would discuss with his client’s whether to appeal the ZBA decision to the state Land Court.
For more on this story see the Oct. 11 Provincetown Banner.
|
Barge purchase by Pier Corp.
Turtles benefit from toasty weather
‘Ghost Plays’ are a haunting tribute to Tennessee Williams
Kline house to get DRI review
|
|
|
|
|
Oct 4th, 2007