Tipping Point Celebrates Judges's Denial Of Motion To Reconsider Surfside Crossing Decision

Meghan Perry •

To the editor: On June 11, 2024, Nantucket Tipping Point and the Land Council won again in Superior Court. State Superior Court Judge Gildea did again what the Nantucket executive governing body, the Select Board, could not muster the strength to do- say no to the risky high-density development Surfside Crossing.

This was the developer’s appeal of the Superior Court decision that Nantucket Tipping Point and the Land Council won! We won even after the Select Board’s decision to drop the ZBA out of the appeal process based on a recommendation from the Affordable Housing Trust. The AHTF was never a party to the suit, but the AHTF felt the need to interject themselves and that the ZBA had no leverage and could not win based on advice by AHTF Chair Brian Sullivan, Housing Director Tucker Holland, and Planning Director Andrew Vorce after meeting with the developers. A vote was requested by Select Board member Brooke Mohr and the motion made by Planning Board member Dave Iverson.

The AHTF meeting, the vote, and the recommendation itself were made illegally by an act of Open Meeting Law violation.

By appealing the Housing Appeals Court decision to grant Surfside Crossing permission to build 156 all condo units on 13 acres, NTP supported our local ZBA’s decision that what was proposed by the developers was not safe or acceptable for Nantucket.

The appeal of the Nantucket ZBA’s decision by Surfside Crossing demonstrates the developers' continued inability to understand Nantucket and the risks such a high-density development poses to our community. After a year and a half of the ZBA trying to work with the developers, the developers just would not listen and apparently neither would the Selectboard or the AHTF. The State Superior Court however did. Affordable housing does not have to be risky high-density developments.

Let’s hope if and when this project is remanded back to the ZBA that the Select Board and any other board/trust does not try to undercut and hinder our local ZBA again. The people that are elected and appointed should be supporting and protecting our community not taking part in illegal meetings and backdoor deals.

Meghan Perry

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