A superior court judge has ruled that Plymouth Growth and Development’s appeal of the Zoning Board of Appeals decision to grant MEGRYCO permits to redevelop the Bradford Inn & Suites into an apartment complex has no legal standing.
PLYMOUTH – A superior court judge has ruled that Plymouth Growth and Development’s appeal of the Zoning Board of Appeals decision to grant MEGRYCO permits to redevelop the Bradford Inn & Suites into an apartment complex has no legal standing.
In short, MEGRYCO’s motion to dismiss the case was granted.
The ruling states:
“Nowhere does the plaintiff allege it will suffer an injury ‘special and different from the injury the action will cause the community at large.’ As a result, the plaintiff lacks standing and accordingly the defendant’s motion to dismiss must be allowed.”
The decision goes on to explain in further detail that, in order to have standing, the appealing party must either be the “person aggrieved,” or a municipal officer of board. The PGDC is and was neither, according to the judge.
The PGDC halted MEGRYCO’s plans to redevelop the 90-room Bradford Inn & Suites at 98 Water St. last June when the quasi-governmental entity appealed the ZBA’s approval of the necessary permits. MEGRYCO President and owner Rick Vayo called the PGDC the “most inept and mismanaged organization in the town of Plymouth,” and noted that all the applicable town boards had approved his project.
PGDC President Leighton Price said at the time that his organization appealed the town’s decision because MEGRYCO’s plans did not provide adequate parking for the project. More specifically, the PGDC hired an attorney who filed the appeal claiming that the development didn’t fall in step with the town’s zoning bylaws.
The downtown’s lack of sufficient parking is and has been an ongoing issue in Plymouth. Older properties, like the hotel, have what are known as “grandfathered spaces,” which means they get a pass on having to provide the full number of necessary spaces that are typically required. Instead, these properties are often allowed to pay into the town’s Parking Fund, created to fund a future parking garage or other solution to the parking dilemma. Critics say the PGDC has been overseeing the parking dilemma for years and there has still been no parking garage. However, the group just accepted a bid to build a garage on South Russell St.
MEGRYCO’s case involved a hybrid parking plan. The ZBA approved an agreement whereby the applicant would pay into the Parking Fund for nine spaces and offer parking permits to tenants in lieu of actual spaces. In short, there are 31 spaces on site that will accommodate that number of residents in the new apartments. Others will, temporarily, be able to park at Isaac’s restaurant or via a permit.
Vayo argued that his proposal for 39 apartments on the site would require no more parking than the existing 90-room hotel, with its 31 spaces, and additional spaces would be supplied in the adjoining lot.