Rockport citizens to appeal planning board approval of village hotel plans
ROCKPORT — The attorney representing a recently formed nonprofit, as well as citizens separate from that nonprofit, will be appealing the May 21 decision of the Rockport Planning Board approval of its findings of fact, which upheld its Feb. 27 conditional approval of a proposed 26-room hotel in Rockport Village.
Kristin Collins, an attorney with Preti Flaherty in Augusta, said May 28 that her clients are proceeding with an appeal of the Rockport Planning Board’s action. Procedurally, that appeal would go before the Rockport Zoning Board of Appeals, which has already considered and acted on one aspect of the hotel plan in January when it upheld approval of the parking plan for proposed hotel.
Meanwhile, the family that is moving the hotel project forward said this week that any appeal to the most recent Planning Board decision would be unfounded.
The findings of fact approved at the May 21 meeting had been drafted in late winter, following the February meeting when the board gave the conditional green light for Stuart, Maryann and Tyler Smith, operating as Central Street LLC, to proceed with building a hotel on Central Street, in Rockport, between Union Hall and the Shepherd Building.
The board had drafted a list of conditions ranging from ensuring that the hotel owners provide adequate tests of the existing sewer pump system along Central Street to mandating that employees park “off-street.” (See below for the entire decision and list of conditions.)
On May 20, just prior to the May 21 meeting, Collins had submitted a letter to the town stating opposition to the planning board approval.
The letter (see attached PDF) outlined the group’s concerns, taking issue with plan aspects as relating to ordinances governing parking, nuisance and architectural standards and traffic control.
“I am writing to summarize the continued problems with this application and to respectfully request that the Planning Board deny the application unless it can attach conditions to remedy these problems,” said Collins.
Collins said that while previously she had represented Rockport property-owner Kimberly Rehmeyer at planning board hearings about the hotel, she was now also representing the a new nonprofit advocacy organization, the Friends of RockP.O.R.T. (Protect Our Rockport Town), and Rockport resident/property owners David Barry, Lisa Breheny, Constance Gibbons, Kathie Grealish, David Kantor and Michael Hampton, George and Eliza Haselton, John Priestley, Rex Rehmeyer, Mark Schwarzmann and Winston Whitney.
Collins wrote: “I am writing to summarize the continued problems with this application and to respectfully request that the Planning Board deny the application unless it can attach conditions to remedy these problems. The meeting on May 21 is the Board’s last opportunity to address problems with this application that will inevitably lead to appeal. Please consider this letter to also incorporate the contents of my December 19 and January 23 letters on behalf of the above- named residents.”
She listed that which the group cited as problems:
1) Not enough parking spaces are provided.
2) The planned off-site parking [at Hoboken Gardens] does not meet distance, ownership, and site plan approval requirements.
3) “The hotel is not ‘located and configured in a visually harmonious manner with the terrain and vegetation of the parcel and surrounding parcels.’ ‘The architectural design of structures and their materials and colors’ are not ‘visually harmonious with the overall appearance of neighboring structures.’
4) The hotel will eliminate scenic views from the main road by blocking out the current view entirely.
5) The rooftop bar will be unduly noisy due to its position facing the harbor.
6) The noise and light generated from guests using their balconies will also cause a nuisance and will negatively affect nearby residents’ quiet enjoyment of their properties.
7) Because it does not provide a front pull-off area for arriving guests, the hotel will cause unsafe traffic circulation as vehicles double-park to off-load guests and bags.
8) The hotel proposes that large delivery trucks will be unloaded on Central Street. This will create an extremely unsafe situation and will impede flow of traffic, in violation of Section 803.1(1).
9) The valet parking service, as well as the hotel and restaurants, will create significant additional traffic burden along its route, which is entirely residential in character.
Friends of RockP.O.R.T.
The newly formed nonprofit Friends of RockP.O.R.T. is registered with the Maine Secretary of State’s Office, and its board of directors includes Clare Tully, president; Mark Schwarzmann, treasurer; and David Kantor, secretary.
Its mission, according to Tully, is to “promote smart growth of Rockport while preserving the Village’s iconic historic architecture, beautiful quiet Harbor and scenic views.”
The nonprofit was established, said Tully: “in the wake of the new library construction and the Planning Board’s unanimous approval of an incongruous 26-suite luxury hotel with two restaurants in our small downtown. The hotel’s design includes 39 exterior lights and 12 balconies overlooking Central Street, and 28 lights, 18 balconies plus a bar on a large top floor balcony that all overlook the Harbor. FOR has initiated an appeal of the hotel’s approval, to which residents are contributing, in the hopes of still reaching a reasonable compromise with the Town and the Smith family.”
Two petitions (see sidebar) were launched last winter following planning board review of the hotel plan.
The petitions targeted the existing municipal parking ordinance and asked the town to require an independent traffic study. Another petition asked the town to limit the size of any downtown Rockport hotel to 20 rooms.
On June 11, at a Planning Board hearing, the two petitions will be considered. The meeting will be streamed live here.
At this same meeting, there will also be hearing on the proposed ordinance change (See attached planning board June 11 meeting packet for full ordinance change language) as suggested by the Rockport Ordinance Review Committee and which would amend, “the Town of Rockport Land Use Ordinance in Section 800 to revise the following: Requirements for Parking, Traffic Circulation, Access and Street Design standards in subsection 803.1 to exclude off street parking requirements in the Downtown District 913.”
In mid-February letter to the editor, the five Select Board members had publicly stated (read ‘Not-unique parking problem that Rockport faces should be treated comprehensively by the town’) that: “The problem with the parking requirements in the current Land Use Ordinance is that it makes it impossible for any development in the downtown area, yet revitalization of the downtown is consistent with the Comprehensive Plan.”
The Friends of RockP.O.R.T., however, object to the town’s subsequent proposed ordinance change, saying the town instead should work with residents and the Comprehensive Plan Committee to, “produce a parking ordinance that serves the needs of its citizens, not just developers.”
Otherwise, Tully said, “Rockport voters will vote it down at the Town Meeting now planned for August 18, 2020, which will take place via secret ballot due to Covid-19 concerns. During this challenging pandemic, it is more important than ever to work together to preserve our beautiful historic Village and Harbor for generations to come.”
Tyler Smith, on the other hand, said the Ordinance Review Committee works on the behalf of the Rockport citizenry.
“With this committee in place it is unfortunate to see a small group of individuals trying to circumvent the normal process and push through change for their own personal gain,” he said. “The proposed ordinance modifications ignore the hard work previously done by the Ordinance Review Committee that were overwhelmingly approved by the residents of Rockport in 2017. The proposed ordinance modifications do not support a vibrant downtown, do not help reduce residential taxes and are not consistent with the towns comprehensive plan."
Hotel developers hold course
Tyler Smith said June 2 that changes have already been made to the proposed hotel project.
“We were excited to receive site plan approval for the proposed Rockport Harbor Hotel from the Planning Board in late February,” he said. “Any appeal to that decision would be unfounded as the proposed project completely complies with the Land Use Ordinance and we have received no special waivers or exceptions in our approval of the site plan.
“We have heard from many Rockport residents and business owners who are very excited about the new hotel and appreciative of how accommodating we have been in receiving and incorporating feedback into our private development project.
“I think this is clearly evident in both the architectural and room number (going from 35 to 26 rooms) changes that have been made to the design during this process. We are very excited about helping preserve and enhance the mixture of small businesses, civic, educational and residential uses that Rockport Village is known for."
Town of Rockport Rockport Planning Board Notice of Decision
I. Findings of Fact:
A. Projection Description and Review Process.
On October 24, 2019, the Applicant submitted a Site Plan Application for a 35-room hotel to be located at 20 Central Street, Map 029, Lot 293, in Zoning District 913 (“the Application”). After receiving public comments about the project during Planning Board meetings on October 24, 2019, November 21, 2019, and December 19, 2019, the Applicants submitted a revised application on February 27, 2020 that reduced the number of hotel rooms from 35 to 26 and made changes to the exterior façade.
The Planning Board reviewed the revised Application on February 27, 2020 and reviewed each of the applicable Land Use Ordinance standards outlined below. The Planning Board made the following findings pertaining to the revised Application.
B. Referenced Plans and Documents
Application and attached materials and plans dated November 12, 2019. Revised Application and attached materials and plans dated February 14, 2020
Minutes of Planning Board meetings held on October 24, 2019, November 21, 2019, December 19, 2019, and February 27, 2020
II. CONCLUSIONS.
Based on testimony and evidence in the record, the above stated facts and for the reasons that follow, the Board voted to conclude the following:
1. The Application was deemed complete and was reviewed by the Planning Board 2. The proposed hotel is a permitted use in the 913 Downtown District.
3. The Application conforms to all applicable dimensional requirements outlined in the tables at Section 918, and meets the standards of the 913 Downtown District, including the Special District Standards in Section 913.3, in the Rockport Land Use Ordinance.
4. The Application meets the following applicable sections of Chapter 800 General Performance Standards including: 801 Environmental Standards; 801.3 Water Quality; 801.4 Surface and Stormwater Drainage; 801.6 Nuisances; 801.7 Lighting; 803 Traffic Circulation, Access and Street Design Standards; and 810 Service Drops of the Rockport Land Use Ordinance.
5. The Application meets the standards of Chapter 1000 Performance Standards including: 1002 Area Landscape Regulations for the portion of the building along Central Street; 1003 Architectural Review Standards for the General, Roofs, Building Materials, Awnings and Canopies, and Linear Commercial Structures, and the Application is visually harmonious with respect to building design, materials, colors and neighboring structures.
6. The Application as revised meets the Site Plan Review requirements of Chapter 1300 of the Rockport Land Use Ordinance (A copy of the application is attached to these findings.) The application meets the site plan content requirements and the following Performance Standards in Section 1305: Preserve and Enhance the Landscape; Soils and Erosion Control; Vehicular Access; Parking and Circulation; Surface Water Drainage; Existing Utilities; Special Features of Development; Exterior Lighting; Emergency Vehicle Access; Municipal Services; Water Quality; Air Quality; and Water Supply.
7. Specifically regarding parking, 56 parking spaces are required, with 28 parking spaces allocated for the hotel and 28 parking spaces allocated for the restaurants. The Rockport Zoning Board of Appeals approved a waiver for the off-site parking spaces on January 22, 2020.
The Application meets the parking requirement by providing 56 spaces, with 21 parking spaces provided by onsite parking, on land to be conveyed to 20 Central LLC in the registry of Knox County deeds, as proposed in the original application, behind the proposed hotel and 35 off-site parking spaces served by valet service to be located at 310 Commercial Street Rockport Maine .
III. DECISION:
Based on the above findings of fact and conclusions of law, the Rockport Planning Board voted unanimously on February 27, 2020 to approve the Site Plan Application for a 26-room hotel to be located at 20 Central Street, Map 029 Lot 293 subject to the following conditions:
1. A sewer test must be conducted to test the existing sewer pump station’s capacity to see if it can handle the additional demands of the hotel and restaurant.
2. Applicant shall be required to provide a minimum of 35 off-site parking spaces as approved by the ZBA on January 22, 2020, and the memorandum of the lease be recorded in the registry of deeds. A system of valet and shuttle parking services shall remain in operation as long as the hotel is in operation.
3. The applicant shall provide an easement to the Town for the sewer line that runs through the parking lot behind the proposed hotel.
4. Hotel and Restaurant employees are required to park off-street.
5. All service traffic, as reasonably practical, is to be diverted to Sandy’s Way.
Signature: Date:
Planning Board Chairperson Joe Sternowski
Reach Editorial Director Lynda Clancy at lyndaclancy@penbaypilot.com; 207-706-6657
