Abutters to the Harbor View Hotel were properly notified about a zoning hearing on changes to the hotel’s pool bar, a superior court judge said.
A group of Edgartown abutters to the Harbor View Hotel were properly notified about a zoning board of appeals hearing on changes to the hotel’s pool bar, a superior court judge said Friday.
In an 11-page decision, the Hon. David A. Ricciardone allowed a motion to dismiss all procedural claims from abutters against the town zoning board, but denied the hotel’s request to dismiss the abutters claims that they found the new pool bar to be a nuisance.
The decision marks a win for the town, but leaves an avenue open for the aggrieved neighbors to continue further proceedings against the hotel on grounds that the new location of the bar may cause an annoyance, disturbance or emotional distress.
A special permit to relocate and replace the hotel’s former pool bar within the premises of the hotel was granted in May by the zoning board of appeals. The permit requested moving the 225-square foot pool bar from the east side of the pool to an unpaved patch on the pool’s far side, decreasing the actual bar’s square footage by about 50 feet.
The case began this summer when a group of abutters, led by direct abutter Lynn Allegaert, appealed the decision in superior court on grounds that they were not properly notified of the special permit application.
In court documents, abutters claimed that the new bar carried more sound and was both more visible and easily accessible from the roadway than before. They also said the new bar had a much larger seating area that infringed on the hotel’s lawn, rather than staying contained within the pool area.
Counsel for the abutters described the pool area as a “shocking commercial blight” and a “tiki bar.”
Multiple hearings were held on the case in July, with many of the abutters appearing in court. On July 25, Judge Riccardione denied the abutters’ request for injunctive relief, adding in a footnote that the new pool bar was generally consistent with other renovations done to the hotel in the past year — none of which received pushback from the neighbors.
“While the court acknowledges that a bar’s beauty is in the eye of the beholder,” Judge Ricciardone wrote, “the term ‘tiki bar’ connotes a palm frond hut with a thatched roof as a backdrop for Polynesian dance shows. The plaintiffs . . . must concede that the construction here competes in a different league from that image.”
Attorneys for the hotel filed a motion to dismiss the claims. A hearing was held on Oct. 7, and after arguments on both sides, Judge Ricciardone took the matter under advisement. His decision arrived Friday.
In the heart of the case, Judge Ricciardone ruled that zoning board administrative assistant Lisa Morrison notified abutters in a timely manner about the changes to the pool bar and adequately posted notice of a public hearing.
“It defies logic and credibility to conclude that a zoning administrator of more than 16 years experience would so completely fail, as the plaintiffs contend, in one of her most important and fundamental functions,” the judge wrote in part.
Abutters claimed that they were improperly notified of the public hearing because they did not receive notice at their off-Island addresses. But Judge Ricciardone said the town’s responsibility was to send notices to listed address, not track down the whereabouts of homeowners.
“It is noteworthy . . . that in their original complaint, the plaintiffs swore that they owned property as individuals, apparently implying that notices should have been sent to their Edgartown addresses,” the judge wrote. “Only after the zoning administrator filed her affidavit with the court averring that she (correctly) mailed notice to the actual LLC and trust owners’ addresses did the plaintiffs file their second set of virtually identical affidavits admitting that the properties in question are not individually owned but that no notice was received at their off-Island addresses also.”
Judge Ricciardone said abutters still have a legal right to file nuisance claims over activity at the hotel.
“The court agrees with the plaintiffs that as a matter of law, the permitting process does not immunize the hotel from liability for nuisance and negligence that may flow from the licensed activity,” he wrote. “Even if the pled allegations are viewed as improbable in fact, at this stage of the proceedings, the pleadings on these counts achieve a level beyond mere labels and conclusions, if only by a small margin.”

Comments
Not often you find common
Bob EdgartownNot often you find common sense in a court room for once we do. Time for the NIMBY group to move on and find another issue not to like. Hopefully the Harbor View Hotel will be here long after all of us are gone and I hope it brings joy to those who come after us.
First world problems. Most
T Bone OBFirst world problems. Most of the abutters are now headed to their Palm Beach-like winter havens. But I'm sure their lawyers are awaiting more retainers.
I'll get the saucers of milk.
Michael OBI'll get the saucers of milk.
Meeow.
Who is the attorney for the
Peter West TisburyWho is the attorney for the abutters? Some stupefying arguments being made here.
Let’s see, you own an
DownislanderLet’s see, you own an expensive summer home next to a hotel with a pool and you’re complaining about noise coming from the hotel’s pool area. It reminds me of the people who buy a house near the airport then start complaining about airplane noise.
The abutters should be made
Legal Eagle EdgartownThe abutters should be made to pay the legal costs of the town and the hotel.
Great comment and that is one
Bob EdgartownGreat comment and that is one of the problems of our legal system here. Tort reform is widely needed in this country and would help reduce the costs on everyone. These frivolous lawsuits would go away if the loser had to pay.
This Saturday night - 8:00 p
Abutter of the 7 Abutters MVThis Saturday night - 8:00 p.m. to whenever - Harbor View Hotel - one wild and LOUD celebration party - COME ONE/COME ALL
It is an expanded pool bar
MarieIt is an expanded pool bar and patio. More people, more noise, loud music.
I would not be happy either. Easy for some to make fun of the abutters but not many of us would want this from a neighbor. I enjoy quiet nights on the Vineyard
I agree. Let’s work together
Diane EdgartownI agree. Let’s work together as neighbors. I don’t appreciate music at the beach. The hotel needs the pool and bar but not music. Stop in the name of LOVE.....Personally, I was wondering how the hotel acquired all the permits needed for their expansion The abutters need to plead with the owners to come to an agreement that will work for all . Do stop the music.
An awful lot of snark here
Taxpayer EdgartownAn awful lot of snark here from people who enjoy the benefits of taxes paid by the likes of the abutters. And those taxes are based on property values. Connect the dots...
Nail has been hit directly on
Mark EdgartownNail has been hit directly on the head with this comment, could not agree more...
Absolutely. The off
Taxpayer EdgartownAbsolutely. The off islanders pay for the services, a school they never use and that salaries or the town employees and their status is thrown in their faces. It s cozy incestuous community. What if we all moved to Maine and the tax base was reduced to 10 % of what it is now. That would be something.
Go ahead, move. You think
Matt EdgartownGo ahead, move. You think anyone would have a problem selling their house in downtown Edgartown. You will be replaced swiftly by another wealthy individual in the snap of a finger. We will still receive the tax money and maybe, just maybe, your replacement will be less pretentious and have less of a sense of entitlement
Take a look at the tax rates
Mark EdgartownTake a look at the tax rates on MV compared to the rest of the state and imagine what a normal tax rate would do to the COLA of MV. The sense of entitlement cuts both ways and soaking / blaming seasonal residents when they largely subsidize the town's budget is beyond absurd.
What ever happened to
BWK EdgartownWhat ever happened to ‘neighbors’ talking to one another, seeking compromise and moving on without lawyers?
Agree with BWK, Taxpayer,
ECS Ft LauderdaleAgree with BWK, Taxpayer, Marie and to some degree Downislander - definitely with regard to the airport. However, the HV is struggling because Scout paid WAYYYYY to much for it and therefore couldn't earn a decent return, thus the sale to a guy who has a home on N Water St who should know better and who also paid too much for the HV which on a place like the Vineyard should be defined as 'don’t pay more for the business than it can generate in terms of desired rate of return/cash flow under its current configuration'. I have long said if the Vineyard is to retain ANY of its remaining charm, it should not be a place one tries to make millions; essentially easiest way to do so is through expansion of existing facilities such as this ‘pool bar’, not a big thing just another, in this instance, relatively small step.
Personally, the entire system is corrupted. The guy who gets most of his business cutting lawns from the ‘now headed to their Palm Beach-like winter havens’ set rather than recuse himself from the vote to build another hanger at Katama, voted to subsidize his cliental so now I/we have to listen to two planes flying over our homes [and probably more in the future] disturbing the peace and quiet Marie and I and hopefully a few others still try to appreciate on the Vineyard.
Yes, the HV has been there for years but it hasn’t had a ‘pool bar’. Frankly the issue is not about a pool bar. It is about the creeping expansion of a commercial establishment in a residential neighborhood, again - the cheesy motel in the back being a horrendous decision which speaks to the horrendous decisions one group of select-persons after another has made in the past and continues to make. With the current Island attitude ‘growth’ it’s only a matter of time before someone decides to tear the motel section down and builds some expansive multi-story condo hotel rooms.
The bar is a really nice
SJR EdgartownThe bar is a really nice place to hang out and relax. The neighbors should try it!
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