A rendering of the Four Sisters Inn.

Neighbor Sues Over Oak Bluffs Inn Parking Plan

A neighbor of a yet-to-be built Oak Bluffs inn filed a lawsuit against the town planning board this week, arguing the board’s approval of the inn’s permits ignored town parking requirements.

A neighbor of a yet-to-be built Oak Bluffs inn is suing the town planning board, arguing the board’s approval of the inn’s permits ignored town parking requirements.

Rita Bartolomeu, a Medford resident who owns property on Narragansett avenue in Oak Bluffs, filed a lawsuit in the state Land Court Tuesday against the planning board and the owners of the abutting Four Sisters Inn. She contends the board shouldn’t have approved the inn’s special permit because the bed and breakfast doesn’t have enough off-street parking spaces and the one it does have isn’t large enough.

Oak Bluffs planning board chairman Ewell Hopkins said that Ms. Bartolomeu’s legal fight could have wide-ranging effects on the downtown area, where many businesses don’t have their own dedicated parking, if it gained favor in the courts.

Oak Bluffs currently allows businesses to pay annual fees in lieu of providing the required number of off-street parking. If that bylaw is challenged, it could have massive implications for Circuit avenue businesses, Mr. Hopkins said.

“This is a fundamental challenge to how we’re addressing vehicular congestion in our downtown,” he said. “It’s much more than a challenge to the applicant in question.”

Currently a vacant lot, Elizabeth and Henry Marshall last year proposed to build the four-bedroom inn with an innkeeper’s apartment on Narragansett avenue. The planning board approved the project this April, and said the owners could have only one parking spot if they made yearly payments in lieu of providing four additional off-street spaces.

The planning board ruled that the parking payments were allowed under the town’s bylaws, which lets businesses that can’t meet parking requirements pay $100 per spot annually.

But Ms. Bartolomeu claims the board exceeded its authority and the project should have been required to have five off-street spaces, or at a minimum, get a waiver for five spaces.

“Instead of proposing to construct an ‘inn’ that meets off-street zoning requirements, the Marshalls’ proposed project attempts to maximize the size of the structure on the property to the detriment of other amenities that would serve the community, such as off-street parking,” Ms. Bartolomeu’s attorney wrote in the 17-page complaint.

The town’s bylaws, according to the suit, require the off-street parking spot be 9 feet by 18 feet, but the plans submitted show the only onsite parking at the Four Sisters to be 9.3 feet by 16 feet.

The project never got any zoning relief from meeting the minimum requirement, according to Ms. Bartolomeu, and the business should have needed a waiver for that fifth spot as well.

Ms. Bartolomeu, who raised parking and other concerns about the project during the local permitting process, is now calling for the state land court to annul the planning board’s decision.

The town has not officially responded to the case in court and a further hearing has not yet been set.

Comments

Submitted by Anonymous (not verified) on Fri, 06/02/2023 - 18:28

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RB Eastville

Another hotel, another lawsuit. When I come back in another life, may it be as a Martha's Vineyard real estate attorney.

Submitted by Anonymous (not verified) on Fri, 06/02/2023 - 20:37

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J Klingensmith Naples, Florida

Good to see this lawsuit moving forward. Oak Bluffs has rules in place and they permit something that clearly is in violation of said rules.

Submitted by Anonymous (not verified) on Sat, 06/03/2023 - 07:17

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Concerned OB

You might want to do a little research on the effectiveness and execution of the payment in lieu of parking alternative. Are payments actually being received for every project with this condition? Who is in charge of billing and collection? How much has been collected over the years? What is the recourse if payment is not received? How is the amount of payment determined? If the Town purchased off site parking is the payment sufficient to actually make that acquisition? Just asking.

Submitted by Anonymous (not verified) on Sat, 06/03/2023 - 09:11

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Amy Edgartown

Valid concern. Scale back the project and add more parking on your own private, commercial property.

Submitted by Anonymous (not verified) on Sat, 06/03/2023 - 16:01

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Thomas Hodgson West Tisbury

Ahhhh, "Parking"
The "handle" every "nimby" person reaches for when they don't like something.

Submitted by Anonymous (not verified) on Sun, 06/04/2023 - 10:55

In reply to by Anonymous (not verified)

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Bob OB

Have you ever tried to park on Narragansett Ave in the summertime? It's a valid concern. When the Narragansett House changed hands, the lot across the street that had been used for parking was not part of the sale - that's 14 rooms and no off street parking. Now residents are being told that they will have to absorb the additional parking needs of another inn. They have every right to be concerned - the Planning Board certainly doesn't seem to be.

Submitted by Anonymous (not verified) on Tue, 06/06/2023 - 15:28

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RobbyK Oak Bluffs

Congratulations to Rita for standing up to the town of Oak Bluffs, and their self serving policies. To the gentleman who made the ignorant "NIMBY" comment, this is not about our backyards, it's about enjoying our front porches, the ability to park in front of our own house, have guests for a few hours, letting our kids play, bike, skateboard, and enjoy a tranquil way of life. The Inn on Narragansett isn't just a singular issue, it's an issue that correctly challenges the one sided planning of a community that is growing too fast, has limited resources and is very quick to make decisions that don't have legal standing only to state the same "it's just done that way". With OB turning a blind eye to it's own policies all the time, I'd would think that the Commonwealth should look into a forensic audit of Oak Bluffs policies and practices. Ultimately, we will see many more lawsuits against the town, as homeowners become more frustrated with Oak Bluffs.

Bob OB

Agreed. We also need to closely monitor the activities of the "Zoning Reform Subcommittee" of this Planning Board. The public documents are light on the details of the zoning issues that are in need of "reform". The meetings are on Zoom, and the agendas and minutes are required to be posted on the town's Agenda center. If they won't follow the policies and by-laws as written, then we darn sure better keep an eye on them as they re-write those rules.

Submitted by Anonymous (not verified) on Fri, 07/14/2023 - 20:18

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Toni Dorsey Oak Bluffs

You’re right. There will be many more lawsuits in OB. For too long the town has done what favors “business growth “ as a way of “bettering” the town. Maybe these decisions better the town’s coffers but it does little to improve the quality of life for the residents—especially seasonal residents who represent the majority of the tax base.

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