Elm Street Hotel Developers Drop Appeal of Zoning Board’s Decision

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The appeal of the Zoning Board’s rejection of a proposed hotel on Elm Street was dropped by the developers. 

The appeal, filed in state Land Court in October, claimed the ZBA wrongfully denied the special permit for the 104 room hotel at 80 Elm Street when it voted it down on Sept. 30. The suit sought to annul the ZBA’s decision and claimed the ZBA exceeded its authority.

ZBA members pointed to the to building being too close to neighboring properties when voting against the proposal.

Earlier this month, Assistant Town Manager Steve Magoon received word that the appeal had been withdrawn.

“I am not sure why,” Magoon said.

The project could be resubmitted, but would have to be “substantially different” from the plan rejected by the ZBA, Magoon said.

More likely, the owner of the site – formerly the Atlantic Battery Company – will be used for something besides a hotel.

“The property owner is entertaining a number of possible uses,” Magoon said.

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