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Appeals board overturns HDC denial of Bellevue Avenue hotel siting; appeal sustained unanimously
Summary
On appeal the zoning appeals board found the Historic District Commission's siting denial for a proposed 86‑room Bellevue Avenue hotel unsupported by the weight of evidence and reversed the HDC decision 5–0, saying design preferences had been applied in place of ordinance standards.
The Zoning Board on May 19 sustained an appeal by the developer of an 86‑room hotel proposed at 181 Bellevue Avenue, reversing the Historic District Commission’s denial on the narrow issue of siting by a unanimous vote.
Attorney Peter Regan, representing 181 Bellevue Center LLC, told the board the HDC had approved most project elements but denied only the specific siting choice by a 4–3 vote. Regan argued the HDC’s siting vote was not supported by the record and reflected members’ design preferences rather than the statutory standard of "compatibility with the surrounding historic area." He told the board the record contained extensive expert analysis of proportions, setbacks and shadows and that “the overwhelming weight of the evidence shows that the proposed siting of the hotel is compatible with the surrounding historic area.”
Multiple board members said the HDC had heard expert testimony from the applicant’s witnesses but then substituted subjective preferences about where the building should sit. The appeals board found that the HDC’s siting denial lacked adequate evidentiary support, amounted to clear error, and therefore reversed that portion of the HDC decision. The board directed that a written decision be prepared to memorialize the reversal.
The HDC’s other findings — including approvals of setbacks, height and other design elements — had not been overturned by the appellant; the appeal targeted only the HDC’s siting determination. The appeals board’s ruling allows the project to proceed to whatever municipal steps remain, subject to any additional permits and conditions.
