Neighbors file complaint over construction of lily pond
(March 21, 2022) Neighbors of Blue Flag Partners’ proposed home construction next to the lily pond are suing the developer and the Conservation Commission over a project they say is both environmentally and structurally harmful to the properties that surround it.
In a lawsuit filed Thursday in Nantucket Superior Court, neighbors Mark and Suzanne Forsyth and Beth and Thomas Lowy are asking that ConCom’s approval to extend the project beyond its original construction schedule be rescinded and that Blue Flag Partners is prohibited from carrying out any work related to the project.
According to the lawsuit, the Forsyths spent more than $14,000 to repair flood damage to the nearby project at 36B Lily St., which they say caused cracks in their foundation and chimney, cracks in their driveway and flooded their basement.
“Due to the historic nature of the Forsyth home, the flooding will likely cause irreparable damage to its structure and foundation,” the suit states.
“In October 2020, during hearings for the project, the Forsyths informed the (Conservation) Commission of these impacts, but the commission never addressed them.”
The combination also specifically points to a Blue Flag steel foundation installed circa January 2020. The foundation was left uncovered, becoming a pit into which they claim a deer fell and drowned, and several dogs fell and were been rescued.
Neighbors also argue that ConCom’s vote to approve the order to extend the project’s deadline is invalid. Out of a four-member council present at the hearing, two commissioners voted in favour, while two abstained.
In July, neighbors took another route to halt the project, appealing the building’s approval by the Historic District Commission to the Select Board. The board voted 4-1 to affirm HDC’s decision.