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Protecting the Character of the Shoreline

I would like to comment on behalf of the Madison Beach Preservation Association, Inc. (MBPA) on the June 30 front-page story “Neighbors Express Support for Madison Beach Hotel Amidst Lawsuit.” We recognize that the hotel may affect surrounding properties differently. For example, it seems that the noise from the concerts affects owners of property to the west of the hotel less than those to the east. The private nuisance created by the hotel remains an important issue for those adversely affected by the hotel’s commercial business.

MBPA also has a grave concern about the longer term effect of unchecked commercialization of the Madison shoreline. If the hotel refuses to abide by the rules and regulations and the Town of Madison refuses to enforce them, then our shoreline is indeed threatened.

We believe that the Madison Beach Hotel’s behavior provides ample evidence of its willingness to disregard the zone rules and regulations that everyone else must live by. The hotel has repeatedly violated the variance conditions that it agreed to follow in 2008. It sought and gained the creation of the West Wharf Zoning District, which a court later found to be illegal spot zoning; it sought to acquire the Grassy Strip despite the will of the people who voted against it twice; and it has extended its commercial business beyond its property in violation of Madison zoning regulations. It has also expanded its non-conforming commercial activities beyond those permitted by the zoning regulations.

Likewise the Town of Madison has steadfastly refused to take enforcement action and seems to actively aid the hotel’s commercial expansion. We believe that the law clearly supports our position, but regret that court action is necessary. We also believe that protecting the character of the shoreline is in everyone’s interest.

Emile Geisenheimer

Madison