Nantucket ZBA continues appeal over large events at 59 South Shore Road after hours of public comment

The Town of Nantucket Zoning Board of Appeals on Jan. 9 continued a contested appeal of the building inspector’s decision involving 59 South Shore Road, after hours of testimony from attorneys, the building commissioner, the property owner and neighbors.

Attorney Dan Bailey, representing neighbors who filed the appeal, told the board the property hosted multiple large events last year — including a high-profile September wedding and a May fundraiser — and argued those gatherings “included celebrity wedding with 100 of attendees” and live amplified music that “disturbs the entire neighborhood.” He asked the board to overturn the building inspector’s decision that the activities do not amount to a commercial use in a residential district.

The board heard legal argument from Kathleen Hyer (Pierce Atwood), who said questions of standing and prior enforcement requests do not bar the board from hearing the appeal now, and noted state law provisions about appeals to court. Property owner counsel Richard (Rick) Beaudet and owner James (Jamie) Feehley said the house is the owner’s primary residence, that some gatherings were private or charitable, and that tents and other permits were obtained when required.

Building Commissioner Paul Murphy told the board that events and fundraisers happen across the island and said he declined enforcement in this instance because the property is a primary residence and the pattern of use did not present a clear, specific zoning violation he could enforce administratively. Mr. Murphy said the Westmore Farms matter referenced in board discussion was materially different because that site was used exclusively for commercial events and the owner did not live there.

Neighbors who live near 59 South Shore Road described repeated traffic, on-street parking and noise they attribute to large gatherings at the house. Several residents asked the board to treat the use as a commercial venue and to direct enforcement. Attorney John Markey, representing an abutter, noted advertising and high rental rates and told the board the “primary purpose of the rental is for an event rather than for a family to enjoy a week,” a distinction he said matters for zoning.

After roughly three hours of presentations and public comment, the ZBA voted to continue the public hearing to its regular Feb. 13 meeting to allow further review of submitted materials and to give parties time to respond to filings. Chair roll call for the continuance showed five members present and voting in favor.

The board did not rule on the merits at Monday’s meeting. Further written materials from both sides — and additional public comment — are likely to be considered at the February hearing.