Lambert’s Cove Inn owner Jon Saunders withdrew his application for outdoor dining after a public hearing during the West Tisbury zoning board of appeal’s meeting on Thursday. This public hearing was a continuation of the one in September. Abutters voiced opposition to the plan during both hearings.
Saunders applied for a special permit to allow outdoor dining in the inn’s English garden. Dining would be limited from 5 pm to 9 pm, with a maximum occupancy of 25 to 30 guests at any single time. Additionally, there would be no amplified music. Saunders said that the inn’s long-term goal is to limit the number of “outdoor wedding disturbances,” and to “build a top-notch, fine dining experience.” The inn is located at 90 Manaquayak Road, and abutters expressed concerns about how outdoor dining would disturb the neighborhood. On Thursday, the potential noise was a focal point.
Since the first hearing, Saunders has talked to neighbors, and proposed to the board on Thursday to award the inn a “nontransferable special permit” for outdoor dining. “If the property is ever sold, which I do not intend to do at any time, then the permit would be revoked,” Saunders said.
Board chair Lawrence Schubert said he has talked to town counsel about whether the board could award a one-year special permit that could come under review afterward. Schubert said he was told that this would be within the board’s power, but town counsel “cautioned me … not to get into the enforcement business.”
“I think the board would agree with town counsel that we would not condition ourselves into having to review it,” Schubert said, adding that there are other permitting options.
Schubert asked Saunders whether he would “consider any way to address the sound” that the neighbors were worried about, to which Saunders replied, “Whatever guidelines you put forward, we will follow.” Schubert also asked Saunders how he knows that the inn’s business would be “decimated” without outdoor dining, when it has been open for less than a year and there are no concrete numbers yet to back up the claim. Saunders said he has numbers from the previous owners, and there are various factors, such as COVID-19 or the recession, that can affect his business other than outdoor dining. Lambert’s Cove Inn innkeeper Bridget Sampson said she “anecdotally” heard some people say they would only dine at the inn if it were outdoors.
After more questions and a discussion about possible noise mitigation options from board members, Schubert read the four pieces of correspondence the board received, of which only one was in support of outdoor dining. The original correspondence about outdoor dining at the inn was split in half between supporters and opponents. During the previous hearing, only one person spoke in favor of outdoor dining. “I think we have the gist from … your direct abutters feel about your request for expanded use,” Schubert said.
Public comments began with the abutters who were present at West Tisbury town hall. “I would like to reiterate that the end of my letter stated the nonconforming use started after zoning started, and that property was 18 acres, and it was a 35-seat restaurant. That was true from 1971 until 1979 and forward, and certainly after zoning, when it became a pre-existing nonconforming use,” abutter Tucker Hubbell said, adding that “over the many, many years” the inn has become a 70-seat restaurant, and special permits were a large part of its growth. “I can speak for my neighbors, we’ve all talked, that this is the final thing. Outdoor dining would really be a difficult thing for our neighborhood.”
Outdoor dining would add to the noise already coming from a Christian camp and a Martha’s Vineyard Land Bank trail nearby. Hubbell continued by saying this was not personal. He wished Saunders success, and the inn staff has done a “wonderful job.”
“I just strongly feel that enough is enough, and that the outdoor dining is a bridge too far,” Hubbell said.
Abutter John Schrelis said the “issue here is primarily noise,” and to some degree light, although he couldn’t attest to the vermin problem fellow abutter Andrew Kaye alleged in his most recent letter.
“There are people who work professionally as acoustic consultants, mitigating noise from Learjets to all sorts of public spaces,” Schrelis said, adding that if noise and light mitigation could be accomplished, he would not oppose outdoor dining.
Saunders made a point that there is “no way to know” how disruptive the noise is or how well the noise mitigation would work without testing it.
Abutter Dan Schrelis began the Zoom comments by saying this is “a detriment” to the neighborhood, and that other avenues should have been approached before coming to the zoning board, such as going to the West Tisbury select board. Dan also said he would not be against the outdoor dining if noise mitigation can be done.
Abutter Andrew Kaye, said “noise is the No. 1 consideration.” He finds it frustrating that Saunders had “three seasons” to address the issue. Kaye had also suggested Saunders go to the select board, which did not happen, and felt that other options were available for outdoor dining. “As it stands today, there has very clearly been an impact to us,” Kaye said.
Zoning board vice chair Julius Lowe said Saunders may need to sacrifice something for outdoor dining to advance. “Giving up things that are already detrimental to offset this other detriment that the neighbors are experiencing would, in my estimation, be a possible path forward,” Lowe said, such as reducing the number of events held at the inn.
Zoning board member Jeffrey Kaye said he was “not convinced” the sound was excessive, saying when he was at the inn in 2020, there was an app “regulating the sound that emanated” from the outdoor area, and he did not think it was overly loud.
“I think it’s certainly in the rural character of West Tisbury to allow outdoor dining,” Kaye said.
Schubert said it might do good for Saunders to come back with an adjusted plan to alleviate the neighbors’ fears. The two options Schubert listed for Saunders were to wait for the board’s vote after the public hearing was closed, or to withdraw the application and resubmit a “more complete proposal” in the future. Schubert said if Saunders is denied, he will not be able to apply for outdoor dining for two years.
“I hesitate to continue this,” Schubert said about the continued public hearing, turning to the zoning board for opinions.
“I would only agree to continue this if when you come back, you have a concrete plan to mitigate sound. You [can] possibly talk to your neighbors to come up with options of giving up something,” zoning board member Casey Decker said.
Sampson brought up the suggestions made of going to the select board, and whether this should have been done from the start. Saunders said he was told by West Tisbury town administrator Jennifer Rand this was not an option. Rand told The Times that outdoor dining was a part of the COVID emergency orders. While Rand forgot to mention that outdoor dining received an extension until April to Saunders, she told The Times he would still need to go to the zoning board for a special permit, since his plans are to open next summer season.
After more discussion, Saunders said, “I feel somewhat confident that if we did withdraw this application today, there would be no proposal that we could put forth that would make Andy Kaye or anyone else happy … that would change their opinion for outdoor dining.”
Schubert expressed doubt about this assertion.
“Well, Andy, why don’t you start a proposal — “ Saunders started abruptly, getting up from his seat.
“Let’s not start that,” Schubert interjected, cooling the situation by saying the board is ready to vote to close the public hearing, but Saunders and Sampson can take some time to discuss this. When Saunders asked whether there was an appeal process for a no vote, Schubert said, “You could appeal our decision in superior court.”
Saunders and Sampson went outside the meeting room to discuss their options.
“We are going to withdraw the application, and we’ll put together a proposal very shortly,” Saunders said. “We’re going to continue to market the property for outdoor dining.”
The zoning board unanimously accepted the withdrawal.